ASSEMBLY OVERSIGHT, REFORM AND FEDERAL RELATIONS COMMITTEE
STATEMENT TO
ASSEMBLY, No. 2198
STATE OF NEW JERSEY
DATED: MAY 13, 2024
The Assembly Oversight, Reform and Federal Relations Committee reports favorably Assembly Bill No. 2198.
This bill would amend the State’s substance abuse treatment laws in relation to the regulation of sober living homes and halfway houses. In particular, the bill would expressly clarify that the existing statutory authority of the Department of Human Services (DHS) to license and regulate residential substance abuse facilities, pursuant to the provisions of P.L.1975, c.305 (C.26:2B-7 et seq.) which concerns alcohol and P.L.1970, c.334 (C.26:2G-21 et seq.) which concerns narcotic drugs, includes the authority to license and regulate residential substance abuse aftercare facilities such as transitional sober living homes and halfway houses.
The bill also provides for criminal history record background checks of a person employed or seeking employment as an administrator of these residential substance abuse facilities, or as a representative payee who receives government benefits on behalf of an individual residing in a facility. The background checks are also to be conducted on a person who is the owner of the physical plant on which a facility is located. A person would be disqualified from securing or maintaining a license pursuant to P.L.1975, c.305 (C.26:2B-7 et seq.) or certificate of approval pursuant to P.L.1970, c.334 (C.26:2G-21 et seq.), if the criminal history record background check of the person who is the owner of the physical plant of the facility or a person employed as an administrator or representative payee at the facility reveals a record of conviction of the crimes or offenses enumerated in the bill.
If a person refuses to consent to, or cooperate in, securing a criminal history record background check, DHS is to suspend, deny, revoke, or refuse to renew the license or certificate of approval of the facility. The criminal history record background checks are to be processed by the Division of State Police and the Federal Bureau of Investigation, and the person who undergoes the background check is to assume the cost of the background check.
The bill also provides that the facilities are not to remove a resident from a facility until at least one week following the date of delivery by the facility to the resident of a written notice advising that the resident is to be removed. However, this provision would not apply if the resident poses an immediate and serious threat to other residents or the facility. DHS is also required to conduct inspections every two weeks if there is an investigation for a violation of the laws and regulations governing these facilities or under any other authority.
Additionally, the Division of Mental Health and Addiction Services in DHS is to oversee the development and maintenance of a registry to collect and track information about the number of openings available for persons seeking residency in these facilities. The facilities are required to submit to the registry, no less than once a day, information as to the number of openings that are available on that day. The registry would contain, by county, the following information: the name, address and telephone number of the facility; the type of services provided; the maximum occupancy; and the number of openings available. The registry would: be prominently displayed on the DHS website; provide for a search by county or name; be made available to the public, upon request, through the addictions telephone hotline and the Statewide 2-1-1 telephone system; and also be made available using any other means that the Commissioner of Human Services deems appropriate.
Lastly, the bill would update the language used in this area of law, in order to ensure grammatical correctness, maintain consistency with current rules of statutory drafting, and correctly reference the Division of Mental Health and Addiction Services in DHS, which is the agency and division currently responsible for the regulation of substance abuse treatment facilities.
This bill was pre-filed for introduction in the 2024-2025 session pending technical review. As reported, the bill includes the changes required by technical review, which has been performed.