Report Title:

Drug Rehabilitation Homes

Description:

Repeals section 46-15.39, Hawaii Revised Statutes, returning traditional zoning regulatory authority in residential zones back to the counties. Allows DOH to license all special treatment facilities and therapeutic living programs. (HB1734 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1734

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DRUGS.

 

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

SECTION 1. Section 22 of Act 44, Session Laws of Hawaii 2004, since codified as section 46-15.39, Hawaii Revised Statutes, allows drug rehabilitation homes as a permitted use in residential zoned districts by nonprofit operators licensed by the department of health, following a public meeting by the department held in the affected community, without the need for any conditional use permit, variance, or other special exception issued by the county in which the home is to be situated.

This provision directly contradicts the doctrine of home rule by taking away the counties' powers to regulate land use in residential zoned districts. Furthermore, it eliminates any opportunity for the county to impose conditions to mitigate any negative impact on the neighborhood.

The purpose of this Act is to repeal section 46-15.39, Hawaii Revised Statutes, and return land use regulatory powers in residential zoned districts to the counties. This Act also allows the department of health to license special treatment facilities and therapeutic living programs.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Clean and sober homes. (a) For purposes of this section, clean and sober homes means houses that are shared by unrelated adult persons who are recovering from substance abuse, who share household expenses, and do not require twenty-four hour supervision, rehabilitation, or therapeutic services or care in or on the premises.

(b) Clean and sober homes shall meet all applicable laws, codes, and rules of the counties and State."

SECTION 3. Chapter 321, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§321- Special treatment facilities. (a) All special treatment facilities shall be licensed to ensure the health, safety, and welfare of the individuals placed therein.

(b) The director shall adopt rules in accordance with chapter 91 regarding special treatment facilities that shall include rules:

(1) Requiring special treatment facilities to provide a therapeutic residential program for care, diagnosis, treatment, or rehabilitation for socially or emotionally distressed persons, mentally ill persons, persons suffering from substance abuse, and developmentally disabled persons, that includes a short-term crisis residential program or a long-term residential treatment program;

(2) Requiring special treatment facilities to comply with applicable federal laws and regulations; and

(3) Providing penalties for the failure to comply with any rule.

(c) Special treatment facilities shall meet all applicable laws, codes, and rules of the counties and State.

(d) For the purposes of this section:

"Long-term residential treatment program" means a residential treatment program for persons whose duration of stay exceeds thirty days.

"Short-term crisis residential program" means a residential treatment program for persons that are in crisis and whose duration of stay is less than thirty days.

"Socially or emotionally distressed person" means an individual who is experiencing psychiatric symptomatology that may be acute or chronic in nature, which requires therapeutic or rehabilitative services.

§321- Therapeutic living programs. (a) All therapeutic living programs shall be licensed to ensure the health, safety, and welfare of the individuals placed therein.

(b) The director shall adopt rules in accordance with chapter 91 regarding therapeutic living programs which shall include rules:

(1) Requiring therapeutic living facilities to comply with applicable federal laws and regulations; and

(2) Providing penalties for the failure to comply with any rule.

(c) Any facility that houses a therapeutic living program shall meet all applicable laws, codes, and rules of the counties and State.

(d) For the purposes of this section, "therapeutic living program" means a supervised living arrangement that provides mental health, substance abuse services or supportive services for individuals or families who do not need the structure of a special treatment facility and are transitioning from a more restrictive treatment setting to independent living. A "therapeutic living program" aids residents in meeting basic needs and provides supportive services through a required service plan."

SECTION 4. Section 46-15.39, Hawaii Revised Statutes, is repealed.

["[§46-15.39] Drug rehabilitation homes; permitted use in residential areas. (a) For purposes of section 46-4, a drug rehabilitation home shall be considered a residential use of property and shall be a permitted use in residentially designated zones including, but not limited to, zones for single-family dwellings. No conditional use, permit, variance, or special exception shall be required for a residence used as a drug rehabilitation home.

(b) No drug rehabilitation home under subsection (a) shall be permitted unless a public informational meeting is first held in the affected community by the department of health.

(c) For purposes of this section, "drug rehabilitation home" means any facility that accommodates no more than ten unrelated persons and is operated by a community-based nonprofit agency licensed by the department of health, whose purpose is to facilitate the development of residential supportive living homes for persons in recovery from substance abuse. Drug rehabilitation homes include "clean and sober homes" that provide a structured environment of clean and sober living conditions to sustain recovery and "transitional living homes" that provide a supervised structured environment of clean and sober living conditions to sustain recovery."]

SECTION 5. Statutory material to be repealed is bracketed and stricken.

SECTION 6. This Act shall take effect on July 1, 2020.