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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
transitional housing; reentry programs; licensure
Purpose
Establishes a regulatory system for the licensing and operation of transitional housing facilities to provide temporary living arrangements and basic living necessities to individuals transitioning from incarceration to independent living.
Background
The Department of Health Services (DHS) is established to promote and protect the health of residents and provide and coordinate public health services and programs for Arizona. Responsibilities of DHS include but are not limited to: 1) promoting the development, maintenance, efficiency and effectiveness of local health departments or districts; 2) conducting a statewide health education program; 3) conducting continual evaluations of state, local and district public health programs; and 4) licensing and regulating health care institutions. In addition to health care institutions, statute requires the Director of DHS (Director) to establish minimum standards and requirements for the licensure of sober living homes to ensure the public health, safety and welfare. The Director may use the current standards adopted by any recognized national organization approved by DHS as guidelines in prescribing the minimal standards and requirements but must include outlined statutory policies and procedures (A.R.S. §§ 36-132 and 36-2061).
The Arizona
Department of Corrections, Rehabilitation & Reentry (ADCRR) is required to
contract with private and nonprofit entities that provide eligible inmates with
transition services in the community for up to 90 days. Rules adopted for the
implementation of this program must include: 1) eligibility criteria for
inmates; 2) a requirement that each contracted entity train mentors or certify
the mentors are trained; 3) a requirement that services offered to an inmate
include psychoeducational counseling and case management services; and 4) a
requirement that an inmate may only be released to the transition program after
the victim has been provided notice and an opportunity to be heard. In awarding
contracts for transition services, ADCRR must also:
1) conduct annual studies on recidivism rates for inmates who receive
transition services; 2) submit a report of its recidivism findings that
contains prescribed information; and 3) provide information about transition
services to all inmates who may be eligible.
To be considered
eligible for transition services, an inmate must: 1) not be convicted of sexual
offenses or violent crimes as outlined; 2) not have any felony detainers; 3)
agree in writing to provide specific information after the inmate is released
to be used for recidivism reports;
4) have made satisfactory progress by complying with all programming on the
inmate's individualized corrections plan; 5) be classified as minimum or medium
custody; and 6) not have been found in violation of any major violent rule
during the inmate's current period of incarceration or in violation of any
other major rule within the previous six months (A.R.S. § 31-281).
If there is a cost to DHS associated with the licensure and regulation of transitional housing facilities, there may be a fiscal impact to the state General Fund (state GF).
Provisions
1. Requires the Director to adopt rules to establish minimum standards and requirements for the licensure of transitional housing facilities in Arizona as necessary to ensure the public health, safety and welfare, including:
a) a requirement that each transitional housing facility develop policies and procedures to promote reentry of individuals into society after incarceration by requiring participation in treatment, self-help groups or other community support;
b) policies requiring abstinence from alcohol and illicit drugs;
c) a requirement that each transitional housing facility develop policies and procedures to allow individuals or are on medication or medication-assisted treatment to continue to receive the medication or treatment while living in the facility;
d) a policy that ensures individuals are informed of all transitional housing facility rules and agreements;
e) a policy that requires each resident to complete a housing agreement outlining the rules of the living arrangement within the transitional housing facility, including the length of stay and reasons the individual can be discharged from the facility;
f) policies and procedures that require each transitional housing facility to maintain an environment that promotes the safety of the surrounding neighborhood and the community at large;
g) policies and procedures for discharge planning of persons living in the transitional housing facility that do not negatively impact the surrounding community;
h) a good neighbor policy to address neighborhood concerns and complaints;
i) a requirement that each transitional housing facility post a statement of individual rights that includes the right to file a complaint about the transitional housing facility or provider and information about how to file a complaint;
j) policies regarding the maintenance of transitional housing facilities, including the installation of functioning smoke detectors, carbon monoxide detectors and fire extinguishers, and compliance with local fire codes;
k) policies and procedures that prohibit a transitional housing facility owner, employee or administrator from requiring and individual to sign any document for purposes of relinquishing the individual’s public assistance benefits, including medical assistance benefits, cash assistance and supplemental nutrition assistance program benefits;
l) policies and procedures for managing complaints about transitional housing facilities; and
m) requirements for notifying an individual’s family member or other emergency contact as designated by the individual under certain circumstances, including death.
2. Sets the term of a transitional housing facility license at two years.
3. Subjects a person or organization operating a transitional housing facility without attaining or maintaining licensure to a civil penalty of up to $1,000.
4. Requires a transitional housing facility to comply with all federal, state and local laws as a condition of licensure.
5.
Allows facilities licensed to treat behavioral health, mental health,
substance use or
co-occurring disorders to be located on the same campus as a transitional
housing facility that is separately licensed.
6. Prohibits, after the adoption of related DHS rules, a person or organization from establishing or maintaining a transitional housing facility unless that person or organization holds a current and valid license.
7. Specifies that a transitional housing facility license is valid only for the establishment, operation and maintenance of a transitional housing facility.
8. Prohibits transitional housing facility licensees from:
a) implying by advertising or directory listing that the licensee is authorized to perform services that are more specialized or of a higher degree of care than is otherwise authorized by law for transitional housing facilities; and
b) transferring or assigning the license, which is valid only for the premises occupied by the transitional housing facility at the time of issuance.
9. Requires DHS to establish by rule annual continuing education and training requirements for employees, volunteers and contractors who work in a transitional housing facility.
10. Requires DHS to establish fees for initial licensure, license renewal and the late payment of licensing fees, including a grace period.
11. Requires fees for initial licensure of a transitional housing facility to be based on a per facility basis, not on bed count.
12. Requires DHS to deposit 90 percent of the fees collected from the licensure of transitional housing facilities in the Health Services Licensing Fund and 10 percent to be deposited in the state GF.
13. Allows the Director or the Director’s designee, upon a determination that there is reasonable cause to believe a transitional housing facility is not adhering to licensure, to enter the premises of the facility at any reasonable time for purposes of determining compliance with statute, DHS rules and local fire ordinances or rules.
14. Specifies that a transitional housing facility license application constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendency of the application and, if licensed, during the term of licensure.
15. Authorizes the Director to take action against a transitional housing facility found not to be in adherence with licensing requirements.
16. Subjects a transitional housing facility that knowingly operates in Arizona without a license to a class 6 felony and a daily civil penalty of between $1,000 and $5,000 for each violation.
17. Allows the Director to impose a daily civil penalty on a person that violates transitional housing facility statutes or rules in an amount between $1,000 and $5,000 for each violation.
18. Requires the Director, in the assessment of civil penalties, to issue a notice including the proposed amount of the penalty.
19. Prohibits the Director from taking action to enforce and assess a civil penalty on any person who requests an appeals hearing.
20. Requires the Director to impose a civil penalty only for days in which a violation was documented by DHS.
21. Allows DHS to impose sanctions and commence disciplinary actions against a licensed transitional housing facility, including revoking the license.
22. Prohibits a transitional housing facility license from being suspended or revoked without affording the licensee notice and an opportunity for a hearing.
23. Allows DHS to contract with a third party to assist with transitional housing facility licensure and inspections.
24. Requires DHS to post the following information on its website for each licensed transitional housing facility in Arizona, to be updated quarterly:
a) the name and telephone number;
b) the license number;
c) the local jurisdiction business license number; and
d) licensure status
25. Requires transitional housing facility staff to notify DHS, in a DHS-provided format, immediately and no more than eight hours after:
a) the death of an individual residing in the facility, including whether the death may have been drug related;
b) a sex-related crime may have been committed at the facility; or
c) any other incident specified by DHS rules.
26. Prohibits transitional housing facility staff from having a personal or intimate relationship with any individual residing in the facility.
27. Requires transitional housing facility staff to contact law enforcement if informed that an individual residing in the facility may have been involved in a sex-related crime.
28. Requires transitional housing facility licensees to ensure that any individual residing in the facility that is required to register as a sex offender does so within the statutorily required time frame after admission to the facility.
29. Excludes transitional housing facilities from the definition of sober living home.
30. Defines transitional housing facility as a temporary living arrangement for an individual as the individual transitions from incarceration to independent living that provides basic necessities, including housing, clothing and hygiene necessities, at no cost to the individual.
31. Defines terms.
32. Makes technical and conforming changes.
33. Becomes effective on the general effective date.
Prepared by Senate Research
February 17, 2025
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