SD.3281

SECTION 1. Subsection (g) of section 18A of chapter 17 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:- The department’s regulations shall include minimum standards for discharge and transfer policies approved pursuant to subsection (i), including guidance about situations warranting the immediate discharge or transfer of a resident.
SECTION 2. Said section 18A of said chapter 17, as so appearing, is hereby further amended by adding the following subsection:-
(i) An operator of certified-alcohol and drug free housing shall have a written discharge and transfer policy approved by the accredited program and the bureau. Notwithstanding chapter 186 or any other general or special law to the contrary, approved discharge and transfer policies may allow for the immediate discharge or transfer a resident only when: (i) the transfer is necessary for the resident's welfare; (ii) the resident's needs cannot be met at the certified sober home; or (iii) the health and safety of other residents, employees or volunteers are at risk or would be at risk if the resident continues to live at the residence. A person who refuses to leave a residence after a discharge or transfer that is consistent with an approved policy may be ordered to leave the premises by the operator or by a law enforcement officer.
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