S.C.R. NO.














requesting the auditor to assess the probable effects of licensing ANd regulating clean and sober homes.



     WHEREAS, clean and sober homes and halfway houses, which are located in communities throughout the State, provide housing for those suffering from substance abuse, including those who may have mental health issues, as they transition from the treatment setting to life in the community; and


     WHEREAS, the primary goals of rehabilitation and recovery are to restore social, family, lifestyle, vocational, and economic support by stabilizing an individual's physical and psychological functioning; and


     WHEREAS, alcohol- and drug‑free environments that are safe, sanitary, and secure promote recovery and assist individuals in becoming self‑supporting; and


     WHEREAS, clean and sober homes provide a means for a person to return to the community through support in an alcohol- and drug-free, home-like environment, without the rigid structure of a therapeutic living program; and


     WHEREAS, the support of a home environment fulfills a need for those who are reintegrating into the community while maintaining sobriety; and


     WHEREAS, notwithstanding the needs of those who benefit from these homes, neighboring residents have expressed concerns over the location and legality of the operation of such homes in their immediate vicinity, and the lack of neighborly behavior of some residents; and


     WHEREAS, while the State's only halfway house is monitored by the agencies that contract for its services, the level of oversight for clean and sober homes varies, depending on the referral source; and


     WHEREAS, while some clean and sober homes are well-run, others are overcrowded and not well managed; and


     WHEREAS, in response to legislation introduced in 2012, the Director of Health convened a clean and sober homes and halfway houses task force to develop a plan to ensure that these homes are properly monitored and accountable for meeting occupancy, zoning, and permitting requirements, and quality standards; and


     WHEREAS, S.B. No. 2587 (Regular Session of 2014) mandates licensing and regulatory controls for clean and sober homes by implementing the recommendations of the task force and providing individuals with access to an alcohol- and drug-free, home-like living environment in residences that are in compliance with county, state, and federal requirements and minimum quality standards by:


     (1)  Establishing a registry for clean and sober homes within the Department of Health;


     (2)  Aligning functions of state and county jurisdictions and ensuring compliance with federal law; and


     (3)  Excluding clean and sober homes from the residential landlord-tenant code; and


     WHEREAS, the Legislature believes that the licensing and regulation of clean and sober homes, as provided in S.B. No. 2587 (Regular Session of 2014), will substantially improve standards for clean and sober homes and halfway houses, while balancing the needs of those requiring the support of the group homes and the concerns of community members; and


     WHEREAS, section 26H-6, Hawaii Revised Statues, requires new regulatory measures that would subject unregulated professions and vocations to licensing or other regulatory controls to be referred by concurrent resolution to the Auditor for analysis; now, therefore,


     BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, the House of Representatives concurring, that the Auditor is requested to conduct an analysis pursuant to section 26H-6, Hawaii Revised Statutes, of the probable effects of licensing and regulating clean and sober homes as proposed in S.B. No. 2587 (Regular Session of 2014); and


     BE IT FURTHER RESOLVED that the Auditor is requested to submit findings and recommendations, including any necessary implementing legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2015; and


     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor and Director of Health.









Report Title: 

Clean and Sober Homes; Voluntary Registry; County Zoning