An Act to create a registration requirement for sober living homes.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to title 34:

For purposes of this chapter, the term, sober living home, means any dwelling in which:

(1) An alcohol-free or drug-free housing environment is maintained for unrelated individuals recovering from substance use disorders; and

(2) Persons are provided with one or more methods of treatment for substance use disorders, ranging from recovery housing to clinical treatment.

The term does not include an accredited prevention or treatment facility, as defined in § 34-20A-2.

Section 2. That a NEW SECTION be added to title 34:

Each sober living home must be registered with the Department of Social Services. The registration is valid for one year and may be issued only upon a showing that the home is in compliance with local building codes and zoning requirements, and maintained and operated in accordance with the following provisions:

(1) That any person residing in a sober living home that provides medication-assisted treatment may receive the treatment, subject to adequate security being provided for any medications;

(2) That the sober living home develops and enforces rules to maintain an alcohol and drug-free environment, with an exception for prescribed or over-the-counter drugs that are taken as directed;

(3) That any complaints received by a municipality regarding the sober living home are addressed in accordance with applicable ordinances;

(4) That the owner or operator of a sober living home maintains:

(a) Up-to-date emergency contact information for each person residing in the home;

(b) A list of each person's medications; and

(c) In the case of a clinical treatment sober living home, a description of each person's medical condition;

(5) That all persons residing in the sober living home are informed of the applicable rules and policies and that the rules and policies are posted in a conspicuous place within the home;

(6) That a complaint procedure for the use of persons residing in the home is developed and posted in a conspicuous place within the home; and

(7) That single or multi-station smoke alarms, carbon monoxide detectors, and fire extinguishers are installed and maintained, in accordance with local ordinances.

Section 3. That a NEW SECTION be added to title 34:

The Department of Social Services shall maintain, on its website, a list of registered sober living homes.

Neither a state agency nor a contracted vendor may refer a person to a sober living home unless that home is registered, as required by section 2 of this Act.

State funds may not be expended in support of any sober living home, unless that home is registered, as required by section 2 of this Act.

No home may hold itself out to be a sober living home or accept residents for purposes of sober living unless that home is registered, as required by section 2 of this Act.