West Virginia 2023 Regular Session

West Virginia Senate Bill SB147

Introduced
1/11/23  
Engrossed
1/11/23  
Refer
1/16/23  
Refer
1/16/23  
Refer
1/24/23  
Refer
1/24/23  

Caption

Creating pilot program for recovery residences in Cabell County

Impact

The pilot program would create a structured way to understand how existing landlord-tenant laws interact with recovery residences, drawing attention to issues such as the timely discharge of residents under certain conditions. For instance, a recovery residence can immediately discharge a resident for specific offenses such as substance use or violent behavior, while ensuring due process for other situations. The bill also includes provisions for the Department of Health and Human Resources to monitor the efficacy of this pilot program and report findings to the Joint Committee on Government and Finance, which could lead to changes in future legislation based on this pilot's outcomes.

Summary

Senate Bill 147 aims to establish a pilot program in Cabell County, West Virginia, focusing on the unique legal status and rights of individuals living in recovery residences. The bill introduces amendments to the existing landlord-tenant laws, specifically tailoring them to address the nuances of recovery residences, which serve individuals recovering from substance use disorders. It defines key terms such as 'recovery residence' and 'resident', clarifying the relationship between these residences and the rights of residents within the legal framework of landlord-tenant rights. Importantly, the bill mandates proper protocols for discharging residents under specified circumstances and requires the establishment of a refund process for residency fees paid in advance.

Sentiment

The sentiment surrounding SB147 appears to be cautiously optimistic, as it aims to address a critical gap in the current legal framework while ensuring the protection of recovery residents’ rights. Supporters of the bill, including those in the recovery advocacy community, view it as a necessary step to enhance the operational standards of recovery residences. However, there is also some skepticism regarding the bill's implementation, with concerns about whether these measures will adequately protect residents or if they risk complicating their recovery process.

Contention

Notable points of contention in the discussions surrounding SB147 involve the rights of residents during discharges and the potential for this bill to unintentionally lead to adverse outcomes for vulnerable individuals seeking recovery. Critics worry that while the bill aims to improve the standards of recovery residences, the immediate authority granted to these residences to discharge residents could create a precarious environment for those already facing challenges. Addressing these critiques while refining the bill's provisions will be essential for ensuring a balance between operational authority for recovery residences and protection for residents.

Companion Bills

No companion bills found.

Similar Bills

WV SB590

Clarifying that tenancy includes persons who reside in sober living home

WV SB74

Creating pilot program for recovery residences in Cabell County

WV SB165

Creating pilot program for recovery residences in Cabell County

WV HB4087

Allowing variance in state fire code for certain buildings used solely for emergency equipment storage

WV SB582

Creating WV Workforce Resiliency Act

WV HB2635

Repealing antiquated provisions relating to gaming activities

WV HB4425

Require separate proof licensure for every recovery residence owned or operated by an individual or entity in West Virginia

WV SB677

Clarifying role and responsibilities of State Resiliency Officer