THE SENATE

S.B. NO.

2536

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CLEAN AND SOBER HOMES AND HALFWAY HOUSES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that clean and sober homes and halfway houses provide a means for persons to return to the community through support in a home-like environment without the rigid structure of a therapeutic care facility or therapeutic living program.  The legislature also finds that many persons being released from incarceration need the support of a home environment while trying to deal with the stressors of reintegrating back into society while maintaining sobriety.  Often, community residents have expressed concerns over the legal operation of such homes in their immediate vicinity and the compliance of those homes with all state and county laws.  The legislature acknowledges that the needs and concerns of the community must be tempered with the needs of the individuals requiring support.

     The purpose of this Act is to establish a clean and sober home and halfway house task force.

     SECTION 2.  There is established a clean and sober home and halfway house task force, exempt from section 26‑34, Hawaii Revised Statutes, charged with the following responsibilities:

     (1)  Establishing a clear, legal definition of a "clean and sober home";

     (2)  Establishing clear occupancy requirements for clean and sober homes and halfway houses;

     (3)  Developing a plan of accountability for clean and sober homes and halfway houses to ensure compliance with occupancy and other requirements.  In developing the plan, the task force shall review the need for or appropriateness of regulation of these facilities, as well as the most appropriate practices regarding regulation;

     (4)  Conducting an inventory of clean and sober homes statewide, identifying current occupancy levels, and determining compliance with county zoning laws and tax requirements;

     (5)  Promoting community and advocate education; and

     (6)  Balancing community concerns with the needs of individuals requiring clean and sober homes and halfway houses.

     SECTION 3.  The director of health, or the director's designee, shall chair and convene the clean and sober home and halfway house task force, which shall also include:

     (1)  The directors of each of the county planning departments or the directors' designees;

     (2)  The chair of the Hawaii paroling authority or the chair's designee;

     (3)  Homeless advocates, as determined by the department of human services;

     (4)  Representation from clean and sober homes and halfway houses, as determined by the department of health;

     (5)  Legislative representatives in equal number from the senate and house of representatives, as determined by the president of the senate and the speaker of the house of representatives;

     (6)  Legal representatives, as determined by the department of health, to address issues such as discrimination, including the attorney general or the attorney general's designee; and

     (7)  Others, as appropriate, as determined by the director of health.

     SECTION 4.  The task force shall consult with the appropriate county agencies to ensure that clients are referred only to clean and sober homes and halfway houses that meet the zoning requirements and definitions under section 46-4, Hawaii Revised Statutes, the Federal Fair Housing Act, Section 504 of the Rehabilitation Act, Titles II and III of the Americans with Disabilities Act, and other laws providing housing opportunities and protections for people with disabilities.

     SECTION 5.  The task force shall report to the legislature on the scope and nature of the accountability plan for clean and sober homes and halfway houses, the process by which the houses will be monitored, the way in which concerns of the community members are balanced with the concerns of those requiring the support of the homes, and how the homes will be regulated short of direct governmental oversight.  The report shall be submitted to the legislature no later than twenty days prior to the convening of the regular session of 2013 and shall also include findings and recommendations of the task force and any proposed legislation that may be necessary to effectuate those recommendations.

     SECTION 6.  The task force shall cease to exist on June 30, 2013.

     SECTION 7.  This Act shall take effect on July 1, 2050.


 


 

Report Title:

Clean and Sober Home and Halfway House Task Force; Report

 

Description:

Establishes a Temporary Clean and Sober Home and Halfway House Task Force.  Requires the Task Force to submit a report to the Legislature containing findings and recommendations and any proposed legislation that may be necessary to effectuate those recommendations.  Effective July 1, 2050.  (SB2536 HD1)

 

 

 

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