Thursday, May 12, 2016

Sale of Drexel shrine only the latest change for the Catholic church, religious scholars say

Posted: Friday, May 6, 2016 
Sr. Donna Breslin, president of Sisters of the Blessed Sacrament
The 44-acre Bensalem property where St. Katharine Drexel founded her religious order and where her body is entombed is believed to be the first national shrine for an American saint to be put up for sale, but it's only the latest closure or sale of properties associated with the Catholic church.
Dozens of Catholic parishes and schools throughout the Delaware Valley have closed over the last decade due to declining numbers of students and parishioners, coupled with escalating costs.   
And five years ago, The Grey Nuns of the Sacred Heart stunned the local Catholic community by announcing it was selling its 90-acre property in Lower Makefield, including its elementary school, the order's motherhouse and its personal care center, to Holy Redeemer Hospital in Abington.
At the time, the nuns called the sale necessary to sustain their order's mission and to provide the money to care for their aging members.
Religious scholars say such land sales are symptoms of a larger looming financial crisis facing the Catholic Church, whose orders and congregations are largely unprepared to handle an unprecedented wave of aging members of religious orders and declining church membership. Plus, fewer young people entering religious life is creating greater financial pressure for small independent orders like Drexel's Sisters of The Blessed Sacrament, which announced Tuesday that it plans to sell two of its largest land holdings.
"It's a wake-up call for Catholics," said economics professor Charles Zech, faculty director of the Center for Church Management and business ethics at Villanova University. "These sisters are really desperate. That is a true sign of financial desperation."
The loss of church-owned property — whether a shrine or a local parish — has a profound impact on the morale of many Catholics, added Terry Rey, an associate professor of religion at Temple University.
"It's demoralizing for Catholics to see these closures," he said. "It's a clear sign of the crisis the church is facing."
Crypt of St. Mother Katharine Drexel
Nationwide, a growing number of religious orders have started selling assets, primarily land, in recent years. Others — including Catholic schools and churches — have pursued mergers and other strategies to allow them to remain financially solvent and continue their missions.
"What we are seeing is a kind of transformation of religious life," said Sister Sharon Euart, executive coordinator of the Canon Law Society of America and former associate general secretary of the U.S. Conference of Catholic Bishops. "Only the Holy Spirit knows, but we know there will always be forms of religious life."
In 2012, the U.S. Conference of Catholic Bishops expanded its National Religious Retirement Office to better help congregations prepare for clergy-related retirement costs. An estimated three out of every eight U.S. religious orders or communities have roughly 40 percent of the amount of money they're projected to need for retirement-related costs, according to the U.S. bishops.
For decades, Catholic clergy and nuns have relied on younger individuals as the backbone of their missions and caregivers for aging and sick members. But a dramatic decline in religious vocations over the last 50 years has created an unsustainable shift for these orders, according to the Center for Applied Research in the Apostolate at Georgetown University.
Religious orders membership in the U.S. dropped from a peak of more than 192,000 members in 1965 to 62,234 in 2010, according to the center. A recent U.S. Bishops study found only 14 percent of U.S. religious men and women — fewer than 8,000 — are under age 60.
The drop in membership has been particularly dramatic among nuns. The number of religious sisters fell 68 percent, to 57,444, between 1965 and 2010. That number had fallen to slightly less than 49,000 in 2014, according to a Georgetown CARA study. CARA also found more U.S. Catholic nuns today are over 90 years old than are under 60.
"This concentration of elderly sisters, which characterizes nearly all religious institutions, is perhaps the single greatest challenge to attracting new vocations," according to a 2014 study on religious women.
Those trends are present among the Sisters of the Blessed Sacrament, where membership peaked at more than 600 nuns. Today, there are 104, but only 10 percent are under age 65, according to Sister Donna Breslin, the order's president. The oldest sister recently turned 99 and the youngest is in her early 50s, Breslin said. No new women have entered the order since 2007.
Women's religious communities whose missions often involved elementary education and social services — where nuns worked in low-paying jobs — face greater financial struggles than orders associated with large institutional bases like hospitals and universities, said the Rev. Thomas P. Gaunt, executive director of Georgetown's CARA.
The reason is that those larger institutions have stable revenue streams that allow them to set aside money for clergy retirement-related liabilities, while smaller communities generally funnel most of their money into fulfilling their missions, Gaunt said. "Even with benefactors, friends and supporters, it becomes financially overwhelming," he added.
National Shrine of St. Mother Katharine Drexel
The loss of the Drexel shrine would leave the National Shrine at Our Lady of Czestochowa the only local Catholic shrine and one of only four in Pennsylvania. The Bucks County shrine, which marks the 50th anniversary of its dedication this year, is one of two overseen by the Pauline brothers, a monastic order dedicated to spreading devotion to Mary, the mother of Jesus Christ. The other is in Poland.
The Rev. Edward Volz expressed shock and sadness at the news the Drexel shrine was being placed for sale. He said there are no similar plans for the New Britain Township property, noting the brothers hope to complete renovations to add a new elevator at the shrine before the end of the year.
Czestochowa had more than 30,000 people at a single event last year — its annual Polish Festival — while the Drexel shrine typically draws 5,000 to 6,000 visitors in an entire year.
The proposed sale of an American shrine such as the Drexel shrine is unheard of, Zech said. "The shrine itself provides revenue to the sisters, so it's a little surprising in that respect," he added.
The Sisters of the Blessed Sacrament are using a real estate investment firm that has experience handling land sales for religious orders to oversee the sale. Only a small group of buyers will be considered for the Bensalem property and 2,200 acres in Virginia, according to the order spokeswoman, Sheila King.
The Bensalem property, which is zoned institutional, has 10 buildings. The most recent was built in 1933. Many of those buildings are no longer used as they were intended or underused, according to the order.
Whether it's the closure of a Catholic school or church or the sale of church-owned land, such actions generate controversy.
In Marple Township, Delaware County, residents are concerned about how their quality of life will change with the development of 213 acres of the former Don Guanella Village.
The cash-strapped Archdiocese of Philadelphia has agreed to sell the property to a commercial developer for $47 million, according to published reports that say it likely will become a mixed commercial-residential development that was described as the largest project in the last 20 years in Delaware County. Part of the sale provides for the archdiocese to keep several acres to build a residential campus for roughly two dozen developmentally disabled men who currently live at the Cardinal Krol Center.
Some religious communities are also opting against selling land to commercial developers, instead striking deals with land trusts, conservation and nonprofit groups that agree to preserve some, or all, of the property. The caveat is that those sales typically generate less money.
Another possibility is a wealthy benefactor. In 2012, for example, St. Joseph's University purchased 8.9 acres that included the former Philadelphia Cardinal's Residence from the Archdiocese of Philadelphia for $10 million. The money was raised, in part, through donor support.
"It doesn't have to go to developers," Zech said.

State prosecutor says judge's actions have 'chilling' effect on Risoldi witnesses

Posted: Friday, April 29, 2016 
 Claire Risoldi (Left)

A judge is expected to decide within a week whether he will continue to oversee the trial of a politically connected Bucks County family accused in a $20 million insurance fraud case.

But no matter what Senior Judge Thomas G. Gavin of Chester County decides, one thing is certain: the June trials for Buckingham matriarch Claire Risoldi, her children Carl A. Risoldi, 44, and Carla V. Risoldi, 49, and daughter-in-law Sheila Risoldi, 45, will be delayed until November, the judge said.
On Friday in Doylestown, Gavin heard testimony from the state Attorney General's Office lead investigator and prosecutor in the Risoldi case about why the state believes the judge should step down. Bucks County President Judge Jeffrey Finley appointed Gavin to oversee the Risoldi trial last year after the entire county bench recused itself, citing the Risoldi family's connection with area politics.
The attorney general contends that alleged communications between Gavin and Claire Risoldi and "other conduct of the judge" create the appearance that he is biased.
Lead state prosecutor David Augenbraun testified that the judge's failure to hold Claire Risoldi accountable for alleged "continued efforts" to intimidate and influence witnesses has a "chilling" effect.
"People were speaking to us freely and that has stopped," Augenbraun testified.
Special Agent Louis Gomez said a potential prosecution witness — the sister of a late jewelry appraiser who had done work for the Risoldi family — contacted him in January expressing concern after Claire Risoldi called her asking what the woman told the attorney general's office. The call, which Risoldi allegedly made after Gavin warned her not to contact potential witnesses, led prosecutors to ask the court to revoke Claire's bail. Gavin denied the request.
Attorney Michael Engle, who represents Carl A. Risoldi, though, pointed out that the prosecution has not filed criminal charges against Claire for contacting the late jewelry appraiser's sister. 
Prosecutors also contend they want Judge Gavin removed because he could be called as a material witness at the upcoming trials to testify about contact he had with Claire Risoldi last September when she called him claiming she had no attorney and no money to hire one, according to Augenbraun. Gavin documented the interaction in an Oct. 6 email to attorneys in the case, stating that when he realized the caller was Claire Risoldi he told her to stop talking, contact the public defender's office and never call him again.
Claire Risoldi's statement that she has no money contradicts what she told AIG insurance investigators in connection with claims filed in the 2013 fire at the Buckingham family's estate, Clairemont, the state contends. Those insurance claims led to the criminal investigation that resulted in charges against the Risoldis. The AG's office maintains Risoldi has stated in insurance documents that she has up to $80 million in a trust fund. 
Augenbraun said when he learned about the call from Claire's attorney, John McMahon, he wanted the judge to disclose it on the record because it was relevant to the fraud case. The prosecutor added that he felt Gavin was reluctant to put the conversation on the record based on an Oct. 13 email from the judge. 
The AG's office also suggested that Gavin has failed to immediately disclose other interactions with the defense, including an incident when he told McMahon to "get control" of Claire Risoldi and another one following a hearing where Claire Risoldi loudly criticized prosecutors in front of the judge prompting Gavin to tell Claire to "close your mouth and leave" the courtroom. 
Augenbraun also testified that attorney Brian McMonagle, who represents Carla V. Risoldi, told him in a phone conversation that he was aware of "several calls" between Claire Risoldi and Gavin. McMonagle took the witness stand Friday and denied Augenbraun's version of the conversation, calling it "inaccurate." 
Engle added that the prosecution has failed to show any evidence suggesting that Gavin has shown bias toward the defense. He suggested the AG's office wants the judge to be removed because it didn't like some of Gavin's decisions, including the dismissal of charges against two Risoldi associates, allowing McMahon to continue acting as Claire's attorney, and ordering separate trials for Claire and the other defendants. 
"Did anyone with the last name Risoldi have any charges dismissed?" Engle asked, referring to a defense pretrial motion to dismiss some charges that were upheld against the Risoldis in the preliminary hearing.
No, Augenbraun replied. 
On Friday, the judge also delayed action on a defense request to release $50,000 in frozen assets so the Risoldis can pay $46,350.58 in back taxes on four properties the state says the family directly or indirectly owns.
The AG's office obtained a temporary restraining order last year under the civil asset forfeiture law for the properties and seized roughly $2 million in other family assets. The restraining order prohibits the owners from selling, mortgaging or otherwise altering Clairemont or three properties on Danielle Drive in Buckingham. The AG's office obtained the order so the properties can be sold for restitution if members of the Risoldi family are convicted in their upcoming trials involving alleged insurance fraud stemming from claims related to a fire at Clairemont. The state estimated the potential restitution to insurer AIG could be more than $15 million, according to court documents. 
The attorney general contends the Risoldis have "exclusive use" of the properties and therefore they are responsible for maintaining them, including paying the taxes.
The family argues the properties are scheduled to be sold in September if the taxes aren't paid. But that isn't true, according to the Bucks County Tax Claim Bureau. Property owners who failed to pay real estate taxes in 2015 have until June 30, 2017, to pay them in full before tax sale proceedings are initiated, according to the office. 
Prosecutor Adrian Shuchuka said he believes the family has the ability to pay the taxes. When he attempted to present what he described as financial documents that show the Risoldis can pay the taxes, the defense attorneys objected, claiming they hadn't reviewed them. Both sides then suggested Gavin consider imposing a six-month stay on the sheriff sale, which the judge said he would consider. 
The state has accused the Risoldis of various offenses related to the falsifying and inflating the value of items lost or damaged in an Oct. 22, 2013, fire at Clairemont. Through their respective attorneys, the family consistently has denied any wrongdoing in the state’s fraud case.

Hearing Friday on judge in the Risoldi case; state claims jurist is biased

Posted: Thursday, April 28, 2016 
A Chester County judge appointed to oversee the trial of a politically prominent Buckingham family accused in a $20 million insurance fraud case could decide Friday if he will disqualify himself as the attorney general's office is requesting.

That's when Senior Judge Thomas Gavin is scheduled to hear the motion from the AG's office asking him to remove himself, legally called recusal, from the trials of Claire Risoldi, her children, Carl A. Risoldi and Carla V. Risoldi, and her daughter-in-law, Shelia Risoldi.
Bucks County President Judge Jeffrey Finley assigned Gavin to oversee the Risoldi trial last year after the entire Bucks County bench recused itself because of the Risoldi family’s connection with area politics. The family has held fundraisers for county politicians.
Attorney General spokesman Jeffrey Johnson said his office’s position is that alleged communications between Claire Risoldi and Gavin “as well as other conduct of the judge” creates the appearance of bias.
Claire Risoldi (center) 
The motion by the AG's office alleges Gavin has improperly favored the Risoldi family in recent decisions, including those that dismissed criminal charges against two Risoldi associates in the fraud case. It also claims Gavin has failed to hold Claire Risoldi accountable for what were called her “continued efforts” to intimidate and influence witnesses, saying the judge's action “clearly raises an appearance of impropriety.”
In addition, the motion states the judge could be called as a witness in the upcoming trials after he was contacted by defendant Claire Risoldi last year. Prosecutors allege that, in mid-September, Claire Risoldi contacted Gavin by phone and told him she didn't have an attorney or money to hire one, according to court documents.
Court documents state that Gavin told prosecutors in an Oct. 6 email that, when he realized the identity of the caller, he told her to stop talking and never call him again for any reason.
A supplemental motion filed Friday stated that Claire Risoldi's attorney, Jack McMahon, told the prosecution she called Gavin at home to find out his fax number and then “started going off.” McMahon said the judge called him and told him to “get Claire to shut up,” the document said.
The motion also stated that Gavin contacted McMahon and suggested he “get control of his client” following an outburst in court, but the judge didn't immediately disclose this conversation to prosecutors or other defense attorneys.
McMahon couldn't be reached for comment Wednesday.
The state prosecutor subsequently contacted the attorneys representing the other Risoldi family members to see if they were aware of the phone call, the motion stated.
The supplemental motion stated that attorney Brian McMonagle, who represents Carla V. Risoldi, said Claire Risoldi contacted the judge “on multiple occasions." The attorneys representing Carl and Shelia Risoldi said they were unaware of any contact.
In court documents filed Wednesday, McMonagle said, "To be clear, I have never been aware of any other phone calls made by Claire Risoldi, nor have I ever told the government I had such information.”
Senior Judge Thomas G. Gavin
McMonagle said the bias accusations are based on the judge's decision to hold separate trials for Claire Risoldi and the other defendants. He also stated in his filing that Gavin has ruled in favor of the prosecution on several motions against Claire Risoldi and all charges against the remaining Risoldi defendants.
McMonagle also chastised the Attorney General’s Office for “falsely accusing” Gavin of impropriety “in an effort to recuse him from presiding over this case.”
In Pennsylvania, like most states, judges who are challenged in a motion to recuse themselves are the ones who decide if such requests should be granted, according to the American Bar Association.
Recusal motions are fairly rare, according to Harrisburg attorney Craig Staudenmaier. He was referred to this news organization by the Pennsylvania Bar Association as someone outside the Bucks County area who could discuss the recusal process.
Most judges will alert the prosecution and defense if there is a potential reason for him or her not to oversee a case before it becomes an issue, he said. If that doesn't happen and the prosecutor or defense attorney believes there is judicial bias, that issue must be raised before the trial to give the judge an opportunity to address it, Staudenmaier added.
Judges have “wide” discretion in dealings with recusal motions and there is no immediate avenue to appeal the decision, he said. A denial to recuse can be appealed as part of post-trial motions, though Staudenmaier said it would be “extremely rare” for the appellate court to reverse a judge's recusal decision.
“At some point, you have to trust that the judge will act appropriately and proceed in a fair and balanced manner,” he added. “My experience has been judges want to do the right thing and if they are challenged in a recusal, but feel they can sit fairly and impartially, they just take it in stride and move on in the case."
If Gavin steps down, Finley will have to reassign the case to another judge from outside Bucks County. There is no timeline for replacing a recused judge, Staudenmaier said.
Risoldi, 68, of Buckingham, faces 21 charges, including theft by deception, corrupt organizations, false insurance claims, receiving stolen property and forgery. Her son and daughter, Carl Risoldi, 44, and Carla Risoldi, 49, each are charged with conspiracy, corrupt organizations and filing a false/fraudulent insurance claim.
Carl Risoldi also is charged with theft by deception, criminal attempt at theft, receiving stolen property, criminal conspiracy, dealing in proceeds of unlawful activities, forgery, tampering with records and filing false reports.
Sheila Risoldi, 45, is charged with theft by deception, criminal attempted theft, conspiracy, corrupt organizations and two counts of filing false insurance claims.
The Risoldis are accused of falsifying and inflating the value of items lost or damaged in an Oct. 22, 2013, fire at Clairemont, the family's Buckingham estate. Claire Risoldi also faces accusations of insurance fraud dating back as far as 1984. Gavin has ordered that Claire Risoldi be tried separately and first on all the charges against her, and the remaining defendants will be tried afterward.
The defendants have denied wrongdoing since their arrests.
Jo Ciavaglia: 215-949-4181; email: jciavaglia@calkins.com; Twitter: @JoCiavaglia

Risoldis ask court for cash to pay delinquent property taxes

Posted: Sunday, April 24, 2016 
A prominent Bucks County family awaiting trial in a $20 million insurance fraud case has asked the county court to release $50,000 in frozen assets so it can pay delinquent real estate taxes on four properties.
In a motion filed earlier this month, attorneys representing Carl Risoldi requested the court release the money. The motion said the properties — including the family’s 10-acre Buckingham estate, Clairemont — would go up for sheriff’s sale later this year if the taxes aren't paid soon.
The Pennsylvania Attorney General’s Office obtained a temporary restraining order last year under the civil asset forfeiture law for the four properties that now have delinquent tax bills. The attorney general believes the properties are directly or indirectly owned by the Risoldi family.
Clairemont estate in Buckingham
“The properties will be sold on September 20, 2016 (if the taxes aren't paid),” according to the motion. “Therefore, this court’s orders to preserve the properties will be rendered meaningless if the delinquent taxes are not paid.”
That isn’t true, according to the Bucks County Tax Claim Bureau. Property owners who fail to pay real estate taxes in 2015 have until June 30, 2017, to pay, unless the owner continues to make timely payments after that, based on an agreement with the county, according to Marguerite Genesio, director of the tax claim bureau.
Carl Risoldi’s attorney, Michael Engle, declined to comment on the motion to release the funds.
Through their respective attorneys, the family consistently has denied any wrongdoing in the state’s fraud case.
The restraining order was obtained since the properties could be sold for restitution if members of the Risoldi family are convicted in their upcoming trials involving alleged insurance fraud stemming from claims related to a fire at Clairemont. The first trial for family matriarch Claire Risoldi is scheduled to start in June.
The restraining order prohibits the owners from selling, mortgaging or otherwise altering the properties, which the state estimates are collectively worth an estimated $3 million. The state estimates the potential restitution to insurer AIG could be more than $15 million, according to court documents. The restraining orders are against Clairemont and three properties on Danielle Drive in Buckingham.
The state also has seized more than $3 million in vehicles and cash from the family in connection with the fraud case, according to the motion.
Court documents state the Risoldis owe $46,350.58 in back taxes on the properties. Carl Risoldi has asked the court to release $50,000 that would be used to pay the taxes.
Carl, 44, is the son of 68-year-old matriarch Claire Risoldi. The state has accused Claire and Carl as well as Claire's daughter, Carla, 49, and Carl’s wife, Sheila, 44, with falsifying and inflating the value of items lost or damaged in an Oct. 22, 2013, fire at Clairemont.
Claire Risoldi also is accused of engaging in fraud related to previous insurance claims and faces charges of witness intimidation and obstruction of justice in the fraud case.

Pennsylvania lawmakers looking to regulate recovery houses


Posted: Monday, April 4, 2016

HARRISBURG — Jonathan Henry sat before state lawmakers Monday, testifying about how a Bristol Township recovery home saved his life. 
He then talked about the more than 10 other homes he passed through before that, between 2004 and last year, and the drug activity among their residents, the electrical and plumbing problems and overcrowded conditions.

Recovery house operators Micki and Gary Kaisinger
"It's crucial that houses become available to people. The bad part is what needs to be addressed," Henry, 42, of Montgomery County, said at a House Democratic Policy Committee hearing on a proposed bill to create new regulations for so-called recovery houses. "They definitely have to be regulated." 
Henry was one of a string of Pennsylvanians at the hearing calling for the government to step in and create oversight of the private houses for individuals who are recovering from drug or alcohol addiction, one of the fastest-growing segments of the housing industry, according to studies.
"We couldn't wait any more," said state Rep. Tina Davis, D-141, of Bristol Township, who drafted the House bill, which is modeled after one in Florida adopted last year. Her district has more than 90 recovery homes operating within a 16-square-mile radius.
For months, the recovery house issue has dominated Bristol Township council meetings, grabbing the attention and raising the frustrations of neighbors and some local officials. 
"We need a change. It's a matter of life and death for recovery house residents," Amber Longhitano, a Bristol Township councilwoman, told Davis and other Democrat lawmakers. "I believe this is not beneficial to the community or the recovery community. What I believe is happening, I consider to be institutionalization." 
In Pennsylvania, like most states, housing for individuals released from rehab, detox or prison, is an unregulated, but lucrative business. No government agency is responsible for overseeing recovery and sober living homes. There is no independent registry for parents and other caregivers to check for recovery home locations or no rating system on which ones are good and which aren't. Anyone can open a recovery house including individuals with criminal backgrounds.
Longhitano told lawmakers on Monday about a recovery house owner who also owns a construction business that employs recovery house residents. The owner grew tired of driving to individual recovery houses each day to pick up the men, so she opened her own home, the councilwoman said. 
"I'm a Realtor. I have to be licensed by the state. I have to have continuing education every two years. I am watched and follow a code of ethics," Longhitano said. "There are people who have people in the most fragile state of their lives in their hands and they do not have to be licensed. "
Davis wants to see that change. Her bill, which has yet to be introduced in the House, would, among other things, provide the state’s first definition of a recovery residence and create a state board of recovery residences, which would enact voluntary certification for such homes, oversee them, and create a public registry of certified recovery houses.
It would also require annual inspections at the voluntary certified homes, criminal background checks for key employees and owners and require homes to develop policies and procedures, including mandatory drug testing, relapse and refund policies and policies to support resident recovery efforts and address neighbor concerns and complaints.
Bristol Township map showing recovery house locations
Pennsylvania would create a new professional credential for operators: Recovery Residence Administrator, which would be required for certified recovery house managers under Davis’ bill. Now, most recovery home managers are residents with several months of sobriety who live rent-free in exchange for enforcing house rules. The bill would also require licensed drug and alcohol service providers to refer or send individuals exclusively to certified recovery residences or face a withholding of state funding and fines.
Bensalem, Falls and Middletown have recently revised their zoning ordinances to address recovery houses in an attempt to manage them better. Bristol Township has put on hold accepting any new group home applications while it scrutinizes its zoning and land use codes to address recovery houses.
But keeping recovery houses out of communities is illegal. Recovering substance abusers are protected under the federal Fair Housing Act as disabled, and local governments are prohibited from passing zoning and land use laws that would keep recovery houses out of communities, including residential neighborhoods, or treat them differently than other types of housing.
Davis and others who testified Monday emphasized that recovery houses are an important part of continuum of care for drug treatment and maintaining long-term sobriety for some people. However, many testified how unscrupulous owners and operators are using federal disability and housing protection to fatten their wallets.
"During my tenure as city solicitor I see, far too often, the differences between reputable and respectable recovery operators and those more nefarious operators," said Jason Sabol, solicitor for the city of York in York County, which has also struggled with a proliferation of recovery houses. "What was supposed to be a bastion of recovery is instead a flophouse for addicts and a dream come true for dealers."
The only glint of oversight in Bucks County has revolved around the Bucks County Recovery House Association, a network of 14 owner-operators with roughly 50 recovery and sober living homes for individuals who are more stable in recovery. Since 2004, the group has practiced self-regulation under its own set of guidelines and inspection process and recently became an affiliate of the Pennsylvania Association of Recovery Residence, which follows nationally recognized standards.
Recovery house owner Bryan Kennedy, who operates three recovery houses, and Micki and Gary Kaisinger, who have five recovery houses, testified that they want more oversight and regulations. They support Davis' proposed bill. 
"It's terrible that quality, caring and legitimate homes ... have to suffer under the same reputation as homes without the same ideals," Micki Kaisinger said. "I am pushing for something that is essentially going to make my life harder. I don't care one bit about that though because I believe in recovery houses. I believe they help save lives."
For the last 18 months, the independent state Certification of Drug and Alcohol Recovery Houses Task Force has been meeting to devise recommendations to create a voluntary certification system for recovery houses. The group is expected to release by June its full recommendations to the state Department of Drug and Alcohol Programs, which oversees medically related treatment programs and centers. The agency currently provides $3.8 million in funding to 59 recovery house operators statewide, which covers stays for qualified low income residents. 
Pennsylvania Department of Drug and Alcohol Programs Secretary Gary Tennis told lawmakers that his agency has already received some recommendations involving physical standards and a definition of recovery residences. He hopes to create oversight through regulation, rather than legislation, though he is open to the possibility.  
"My request to the general assembly, at this point in time, is to permit the task force to complete its work and allow the department to act upon its recommendations," he said.
Davis told Tennis she is willing to wait on introducing her legislation, but not for much longer.
"I'd hate to break for the summer and not have anything," Davis said. 

Bucks court system relies on Bucks County Recovery House Association

Posted: Tuesday, April 19, 2016 
For more than 10 years, Bucks County residents on parole or probation have been allowed to live only in recovery houses that are part of a court-approved list.
Virtually all the approved houses on that list are members of the Bucks County Recovery House Association, a network of private, for-profit residences. The only exception is a recovery house in New Britain that is run by a drug treatment advocacy group.
Bucks County Recovery House Association members
Roughly 150 of the approximately 4,500 Bucks County residents supervised by the department live in a recovery or sober living house -  or they listed one as their last known address - according to Warren Grant, deputy chief of Bucks County Adult Probation and Parole Department. At least another 17 people participating in the Bucks County Drug Court program also live in these department-approved recovery houses, according to court officials.
The arrangement was created more than a decade ago after probation and parole officers found serious problems at some recovery houses, including a house manager who provided clean urine for drug testing, Grant said. With no way to know if a house was well-run, the court relied on the then-newly formed Bucks association to follow peer monitoring and quality standards, Grant said.
“We want to have houses that have some type of oversight or some standards some things in place that we didn’t have before,” said Grant, who is also coordinator of the county’s drug court program.
No formal agreement between the two entities exists, though association homes have access to federal grant money to cover short-term stays and intake fees for low-income drug court participants.
A “memo of understanding” was recently drafted outlining the responsibilities of the Bucks association. They include monitoring residents' sobriety through random drug testing, posting association standards and resident bill of rights in houses, and agreeing to unannounced inspections by adult probation and parole.
The memo was drafted after Calkins Media requested access to a copy of the original 2004 agreement, which court officials later said they were unsure existed.
Two lawyers for advocacy groups questioned the directive about living in Bucks association houses.
That directive was issued by former Bucks County President Judge Kenneth Biehn, who's now retired, and adult probation and parole has followed it ever since, Grant said.
Current President Judge Jeffrey Finley said he supports the policy and the court's authority to implement it because where a person on parole or probation lives is something the court could include in an individual’s supervision plan.
Neither the court nor adult probation and parole provides any oversight of the Bucks association houses, though Grant said he attends monthly association meetings.
He said the department doesn't keep any records about the homes, but he personally conducts unannounced inspections of approved homes four times a year -- typically accompanied by another association member. He said he inspects about 28 homes for items including running water, heat, pest-free environments, working smoke detectors and fire extinguishers. Concerns arising from those inspections are forwarded to an association committee for investigation, Grant said.
Bucks County Recovery House Association meeting
Fewer than a dozen complaints involving association homes have been lodged with the Bristol Township Department of Licenses and Inspections since 2011, according to this news organization’s review of more than 100 property records. Most association-run homes are in Bristol Township. Most complaints involved allegations of poor property maintenance.
The deputy legal director of the Philadelphia chapter of the ACLU said it’s not unusual for probation and parole departments to use an approved list of service or housing providers. But if the recovery houses on the approved list follow only offer a religious-based program, it could violate the civil rights of an individual who doesn’t want a religious-based program, the ACLU's Mary Catherine Roper said.
Angus Love, executive director of the Pennsylvania Institutional Law Project, agreed that probation and parole can restrict where court-ordered individuals live including recovery houses, but doubted the same restriction could apply to parolees or probationers who voluntarily live in a recovery house -- and certainly shouldn't be able to hit them with parole or probation violations if they refused to move into the RHA house.
“That is troubling,” Love added. “I don’t see how they can possibly mandate they go to one of their programs.”
Grant said his office wouldn't file a probation or parole violation against someone only for refusing to move out of an unapproved recovery house alone. He also said he wasn't aware of any court supervised offense seeking a court order to stay in an unapproved home.
“Honestly, to my knowledge there has never been anybody (given a violation) because they didn’t want to go to an approved house,” Grant added. “I can’t think there are that many (individuals) that have been told they have to leave.”
Court records tell a different story.
Since last year, at least two people under court supervision obtained court orders allowing them to continue living in unapproved homes. This news organization is withholding the identities of those people because they were concerned about retaliation by the county.
One of the men who obtained a court order, a 29-year-old recovering heroin addict, claimed he received a parole violation after he refused to move from the recovery home he had been living in for two months. The man moved into the home after he was discharged from a drug treatment center that he entered voluntarily. A Bucks County judge dismissed the violation and granted the man a court order in May 2015 to remain in the recovery home, according to court records.
In an interview, the man claimed he had previously lived in five BCRHA-run homes and relapsed in all of them. As of early April, he said he had been sober 11 months and was still living at the "unapproved" recovery house, working full time and he recently bought his first car.
“This place (recovery house) is a huge part of that,” the man added. “I made the mistake. I put myself in the situation. You can monitor me, but how can you tell me where I can live when I am doing what I’m supposed to do?”
The other man, a 34-year-old recovering heroin addict, said his probation officer told him he had to move two weeks after he was admitted to a non-RHA recovery house. The man called his lawyer, who obtained a court order on Feb. 19 allowing him to stay put, according to records.
“I chose to do the right thing and continue down the path of sobriety,” the man said. “What I didn’t expect was them to have a problem with me moving into a house that wasn’t on a stupid list.”

Jo Ciavaglia: 215-949-4181; email: jciavaglia@calkins.com; Twitter: @JoCiavaglia