SACRAMENTO – The California Senate voted 25-10 last Thursday to approve SB 992, legislation by Sen. Patricia Wiggins (D-Santa Rosa) requiring the state Department of Alcohol and Drug Programs to license Adult Recovery Maintenance Facilities (ARMFs) and applies existing alcohol and drug abuse recovery or treatment facilities licensure requirements to ARMFs.

The Assembly approved SB 992 week before last, so Thursday’s Senate vote means the bill next heads to the desk of Gov. Arnold Schwarzenegger for his consideration.

In presenting the bill for Thursday’s vote, Wiggins told her Senate colleagues that “existing law grants the Department of Alcohol and Drug Programs (ADP) the authority to license and regulate “alcohol or drug abuse recovery or treatment facilities.

“SB 992 builds on the existing licensing law to create a second category of licensed facilities known as “Adult Recovery Maintenance Facilities,” Wiggins said. “Currently, these 'second tier' facilities – sometimes called 'sober living homes' – are not subject to any state requirements whatsoever. SB 992 imposes regulatory structure through the licensing process.”

Existing law requires the Department of Alcohol and Drug Programs (DADP) to develop and implement a statewide plan to alleviate problems related to inappropriate alcohol use, and to license alcoholism and drug abuse recovery or treatment facilities that provide a broad range of services in a supportive environment for adults who are addicted to alcohol or drugs.

Existing law also defines alcoholism or drug abuse recovery treatment facilities as any premise, place, or building that provides 24-hour residential non-medical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. The law prohibits a licensee of a treatment facility from operating beyond the conditions and limitations specified on the license.

The Wiggins bill:

• Requires DADP, on or before July 1, 2010, and in consultation with specified stakeholders, to develop and adopt emergency regulations governing the licensing and operation of ARMFs, including regulations governing services related to special needs as these needs are identified by DADP;

• Requires DADP to commence licensing of ARMFs, by Jan. 1, 2011;

• Defines ARMFs as any facility, place, or building that provides alcohol- or drug-free housing whose rules, peer-led groups, staff activities, or other structured operations are directed primarily toward maintenance of sobriety for adults in early recovery from substance abuse or adults who recently have completed alcoholism or drug abuse recovery or treatment services;

• States that ARMFs are designed to promote independent living in a supervised setting, but do not provide professional recovery and treatment services onsite;

• Prohibits (beginning Jan. 1, 2011) a state or local social services, law enforcement, or corrections agency, court, probation officer, or parole officer from referring any person to an alcohol or drug abuse recovery or treatment facility, or an ARMF, that is not licensed;

• Prohibits any person, firm, partnership, association, corporation, or local government entity from operating, establishing, managing, conducting or maintaining ARMFs without a license.

According to the bill’s sponsor, the California Association of Addiction Recovery Resources, the purpose of SB 992 is to help ensure a safe environment for recovering addicts in their transition to sober living, and for the surrounding community. DADP states that there are roughly 500 facilities which would be subject to SB 992.

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