| 43 | | - | WHEREAS, the Legislature enacted Act 193, Session Laws of Hawaii 2014 (Act 193), to develop a process for the management and support for clean and sober homes, also known as sober living recovery homes/residences, which are located in communities throughout the State, to provide housing for individuals suffering from substance use, including people who may have co-occurring mental health issues, as they transition from the treatment setting to life in the community; and WHEREAS, Act 193 incorporated clean and sober home operating standards based on the National Alliance for Recovery Residences; and WHEREAS, to increase the number of homes that maintain appropriate living conditions, Act 193 established a voluntary registry to set minimum operating standards and give special advantages to homes on the registry, such as technical support and preferred referral status as well as the ability to monitor residences that provide the necessary support for recovery efforts; and WHEREAS, Act 193 amended section 46-4, Hawaii Revised Statutes, to clarify the conditions under which the counties shall not prohibit registered clean and sober homes that have up to eight unrelated persons in a dwelling unit, as well as eliminate any conflict with the federal Fair Housing Amendments Act by deleting the requirement for a public informational meeting; and WHEREAS, the public may report concerns regarding clean and sober homes to the Alcohol and Drug Abuse Division of the Department of Health by email or make a toll-free call to 1-877-877-1716; 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, recovery residences support recovery of individuals with substance use disorders and help prevent relapse, criminal justice system involvement, and overdose; and WHEREAS, recovery residences are designed to address the needs of individuals in recovery from substance use disorders through the provision of a safe and healthy living environment and a community of supportive recovering peers to which the residents are accountable, without the ridged and more expensive structure of a licensed 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, the State's recovery homes are monitored by agencies that contract for its services, but the level of oversight for clean and sober homes varies, depending on the referral source as well as independent operation; and WHEREAS, the vast majority of clean and sober homes are independently owned and have a landlord-tenant relationship with house rules where the tenants generally govern themselves such that the housing is considered independent living; and WHEREAS, alcoholism and past illicit drug use are considered disabilities, and those with such disabilities are protected under the federal Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA); and WHEREAS, Act 193 developed procedures intended to ensure that clean and sober homes owners and operators who volunteer to apply to be on the current registry are properly monitored and accountable to meet occupancy, zoning, and permitting requirements, as well as quality standards while not violating protection laws such as the FHA and ADA; and WHEREAS, most clean and sober homes on the voluntary registry are well-run; however, there are concerns that other homes not on the registry are overcrowded and not well-managed, and some owners/lessors violate their county land use permits by overcrowding, which results in noise and parking complaints from neighbors; and WHEREAS, notwithstanding the needs of those who benefit from these homes, neighboring residents have expressed concerns over the legality of the operation of clean and sober homes in their immediate vicinity and the poor conduct and lack of neighborly behavior of some residents; and WHEREAS, the Alcohol and Drug Abuse Division has not received any complaints of so-called "harm reduction" homes where occupants continue to use alcohol and drugs while seeking recovery; and WHEREAS, before the enactment of Act 193, various types of group homes were defined in section 46-4, Hawaii Revised Statutes, relating to county zoning, that is now consistent with the federal FHA; and WHEREAS, section 46-4(d), Hawaii Revised Statutes, now clarifies that counties shall not "prohibit group living in facilities with eight or fewer residents for purposes or functions that are licensed, certified, registered, or monitored by the State"; and WHEREAS, Act 193 repealed language in section 46-4, Hawaii Revised Statutes, that required a public informational meeting to be held in the affected community before a halfway house, clean and sober home, or drug rehabilitation home is located in that community; and WHEREAS, Act 193 intended to balance the needs of those requiring the support of group homes and the concerns of the community members, by helping prospective residents of clean and sober homes to access a stable, alcohol- and drug-free, home‑like living environment in residences that comply with federal, state, and county requirements and minimum quality standards; and WHEREAS, it is recognized that there is a need to improve the operation of clean and sober homes if these homes are to achieve their intended purposes, including that they are well-run; and WHEREAS, the counties are the proper agency to issue permits according to zoning ordinances, encourage the orderly development of land resources within their jurisdictions, and enforce compliance by appropriate fines and penalties; and WHEREAS, a collaborative effort among the Department of Health to register and monitor, the counties to enforce permitting and zoning ordinances, and the State and providers to give preference to compliant clean and sober homes would ensure an accountability process by which the homes would be monitored in such a way to address the concerns of those requiring the support of the homes, without using direct government oversight that is inconsistent with the protection laws; now, therefore, BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the House of Representatives concurring, that the Department of Health is urged to convene and lead an informal working group to discuss: (1) The management of all group living facilities as described in section 46-4(d), Hawaii Revised Statutes, including clean and sober homes; and (2) Possible collaboration with the counties and other affected regulators to ensure that all group living facilities as described in section 46-4(d), Hawaii Revised Statutes, including clean and sober homes, comply with county regulations, and encourage registration without using restrictions that are discriminatory; and BE IT FURTHER RESOLVED that the informal working group is requested to include input from the Hawaii Paroling Authority; the Judiciary's Adult Client Services Branch; Department of the Attorney General; and any others, as appropriate, as determined by the Director of Health or the Director's designee; and BE IT FURTHER RESOLVED that the working group is requested to discuss legal issues pertaining to protective FHA and ADA laws, how the Department of Health and pertinent county agencies can work more closely together to resolve problems and complaints received by either the State or counties regarding clean and sober homes; the Department's efforts to educate the public, expand the current registry membership, and expand complaint response; how the Department keeps an inventory of homes throughout the State including those not on the registry; and establish processes to ensure that functions are aligned between the State and county for accountability, community education, and advocacy; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, Director of Public Safety, Administrator of the Hawaii Paroling Authority, Chief Justice of the Hawaii Supreme Court, Attorney General, and Mayors of the City and County of Honolulu, County of Maui, County of Kauai, and County of Hawaii. Report Title: Department of Health; Group Living Facilities; Clean and Sober Homes; Working Group; Hawaii Paroling Authority; Judiciary; Department of the Attorney General; Counties |
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| 43 | + | WHEREAS, the legislature enacted Act 193, Session Laws of Hawaii 2014 (Act 193), to develop a process for the management and support for clean and sober homes, also known as sober living recovery homes/residences, which are located in communities throughout the State, to provide housing for individuals suffering from substance use, including people who may have co-occurring mental health issues, as they transition from the treatment setting to life in the community; and WHEREAS, Act 193 incorporated clean and sober home operating standards based on the National Alliance for Recovery Residences; and WHEREAS, to increase the number of homes that maintain appropriate living conditions, Act 193 established a voluntary registry to set minimum operating standards and give special advantages to homes on the registry, such as technical support and preferred referral status as well as the ability to monitor residences that provide the necessary support for recovery efforts; and WHEREAS, Act 193 amended section 46-4, Hawaii Revised Statutes, to clarify the conditions under which the counties shall not prohibit registered clean and sober homes that have up to eight unrelated persons in a dwelling unit, as well as eliminate any conflict with the federal Fair Housing Amendments Act by deleting the requirement for a public informational meeting; and WHEREAS, the public may report concerns regarding clean and sober homes to the Alcohol and Drug Abuse Division of the Department of Health by email or make a toll-free call to 1-877-877-1716; 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, recovery residences support recovery of individuals with substance use disorders and help prevent relapse, criminal justice system involvement, and overdose; and WHEREAS, recovery residences are designed to address the needs of individuals in recovery from substance use disorders through the provision of a safe and healthy living environment and a community of supportive recovering peers to which the residents are accountable, without the ridged and more expensive structure of a licensed 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, the State's recovery homes are monitored by agencies that contract for its services, but the level of oversight for clean and sober homes varies, depending on the referral source as well as independent operation; and WHEREAS, the vast majority of clean and sober homes are independently owned and have a landlord-tenant relationship with house rules where the tenants generally govern themselves such that the housing is considered independent living; and WHEREAS, alcoholism and past illicit drug use are considered disabilities, and those with such disabilities are protected under the Federal Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA); and WHEREAS, Act 193 developed procedures intended to ensure that clean and sober homes owners and operators who volunteer to apply to be on the current registry are properly monitored and accountable to meet occupancy, zoning, and permitting requirements, as well as quality standards while not violating protection laws such as the FHA and ADA; and WHEREAS, most clean and sober homes on the voluntary registry are well-run; however there are concerns that other homes not on the registry are overcrowded and not well-managed, and some owners/lessors violate their county land use permits by overcrowding, which results in noise and parking complaints from neighbors; and WHEREAS, notwithstanding the needs of those who benefit from these homes, neighboring residents have expressed concerns over the legality of the operation of clean and sober homes in their immediate vicinity and the poor conduct and lack of neighborly behavior of some residents; and WHEREAS, the Alcohol and Drug Abuse Division has not received any complaints of so-called "harm reduction" homes where occupants continue to use alcohol and drugs while seeking recovery; and WHEREAS, various types of group homes are defined in section 46-4(d), Hawaii Revised Statutes, relating to county zoning--section 45-4(d), Hawaii Revised Statues, defines terms that are now consistent with the federal FHA, because Act 193 did not include language that required a public informational meeting be held in the affected community before a clean and sober home, or drug rehabilitation home, is located in that community; and WHEREAS, Act 193 intended to balance the needs of those requiring the support of group homes and the concerns of the community members, by helping prospective residents of clean and sober homes to access a stable, alcohol- and drug-free, home‑like living environment in residences that comply with federal, state, and county requirements and minimum quality standards; and WHEREAS, it is recognized that there is a need to improve the operation of clean and sober homes if these homes are to achieve their intended purposes, including that they are well-run; and WHEREAS, the counties are the proper agency to issue permits according to zoning ordinances, encourage the orderly development of land resources within their jurisdictions, and enforce compliance by appropriate fines and penalties; and WHEREAS, a collaborative effort among the Department of Health to register and monitor, the counties to enforce permitting and zoning ordinances, and the state and providers to give preference to compliant clean and sober homes would ensure an accountability process by which the homes would be monitored in such a way to address the concerns of those requiring the support of the homes, without using direct government oversight that is inconsistent with the protection laws; now, therefore, BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the House of Representatives concurring, that this body urges the Department of Health to convene and lead an informal working group to discuss the management of clean and sober homes and discuss possible collaboration with the counties and other affected regulators to ensure clean and sober homes comply with county regulations and to encourage registration without using restrictions that are discriminatory; and BE IT FURTHER RESOLVED that the informal working group should include input from the Hawaii Paroling Authority; the Judiciary's Adult Client Services Branch; the Department of the Attorney General; and any others, as appropriate, as determined by the Director of Health or their designee; and BE IT FURTHER RESOLVED that the working group should discuss legal issues pertaining to protective FHA and ADA laws, how the Department of Health and pertinent county agencies can work more closely together to resolve problems and complaints received by either the State or counties regarding clean and sober homes; the Department's efforts to educate the public, expand the current registry membership, and expand complaint response; how the Department keeps an inventory of homes throughout the State including those not on the registry; and establish processes to ensure that functions are aligned between the State and county for accountability, community education, and advocacy; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, Director of Public Safety, Administrator of the Hawaii Paroling Authority, Chief Justice of the Hawaii Supreme Court, Attorney General, and Mayors of the City and County of Honolulu, County of Maui, County of Kauai, and County of Hawaii. OFFERED BY: _____________________________ Report Title: Department of Health; Clean and Sober Homes; Working Group; Hawaii Paroling Authority; Judiciary; Department of the Attorney General; Counties |
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