Bill Text: NY S03288 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to establishing an electronic monitoring program for children diagnosed with an autism spectrum disorder as well as other developmental disabilities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-06-14 - referred to health [S03288 Detail]

Download: New_York-2015-S03288-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3288
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 4, 2015
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health law and the executive law, in relation
         to establishing an electronic monitoring program  for  children  diag-
         nosed  with an autism spectrum disorder as well as other developmental
         disabilities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  public health law is amended by adding a new section
    2  2507 to read as follows:
    3    S 2507. ELECTRONIC MONITORING FOR CHILDREN WITH DEVELOPMENTAL DISABIL-
    4  ITIES. 1. FOR THE PURPOSES OF THIS SECTION  THE  FOLLOWING  TERMS  SHALL
    5  HAVE THE FOLLOWING MEANINGS:
    6    (A) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF HEALTH;
    7    (B) "CHILD" SHALL MEAN A PERSON UNDER THE AGE OF EIGHTEEN YEARS;
    8    (C)  "ELIGIBLE  APPLICANT"  SHALL  MEAN  THE PARENT, LEGAL GUARDIAN OR
    9  CUSTODIAN OF A CHILD WHO HAS BEEN DIAGNOSED BY A PHYSICIAN AS HAVING  AN
   10  AUTISM  SPECTRUM DISORDER AS DETERMINED BY SECTION TWENTY-FIVE HUNDRED-J
   11  OF THIS TITLE OR OTHER DEVELOPMENTAL DISABILITY;
   12    (D) "AUTHORIZED FAMILY MEMBER" SHALL MEAN A DESIGNATED PARENT,  GRAND-
   13  PARENT, SIBLING OLDER THAN THE AGE OF EIGHTEEN, LEGAL GUARDIAN OR CUSTO-
   14  DIAN  WHO  IS AUTHORIZED TO USE A RECEIVING DEVICE THAT IS ABLE TO TRACK
   15  THE GEOGRAPHIC LOCATION OF AN ELECTRONIC MONITORING DEVICE.  SUCH  INDI-
   16  VIDUALS  SHALL BE LISTED ON THE APPLICATION SUBMITTED TO THE DEPARTMENT;
   17  AND
   18    (E) "ELECTRONIC MONITORING DEVICE" SHALL MEAN ANY RADIO, GLOBAL  POSI-
   19  TIONING  SYSTEM, CELLULAR DEVICE OR ANY OTHER SATELLITE-BASED MONITORING
   20  DEVICE THAT CAN PROVIDE CONTINUOUS TRACKING OF THE  GEOGRAPHIC  LOCATION
   21  OF  CHILDREN  AND  AN AUTOMATED MONITORING SYSTEM THAT CAN BE USED BY AN
   22  APPROPRIATE LAW ENFORCEMENT AGENCY AT THE REQUEST OF AN AUTHORIZED FAMI-
   23  LY MEMBER.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00572-01-5
       S. 3288                             2
    1    2. THE COMMISSIONER SHALL ESTABLISH A PROGRAM  TO  PROVIDE  ELECTRONIC
    2  MONITORING  DEVICES  TO  AN  ELIGIBLE APPLICANT FOR THE PURPOSE OF BEING
    3  ABLE TO GEOGRAPHICALLY LOCATE A CHILD UPON CIRCUMSTANCES WHERE THE CHILD
    4  IS UNABLE TO BE ACCOUNTED FOR. THE PROGRAM  SHALL  FACILITATE  THE  SAFE
    5  RECOVERY  OF  CHILDREN  DIAGNOSED  WITH  AN  AUTISM SPECTRUM DISORDER OR
    6  ANOTHER DEVELOPMENTAL DISABILITY WHO ARE MISSING OR ABDUCTED.
    7    3. THE PROGRAM SHALL BE VOLUNTARY AND THE FOLLOWING PROCEDURE SHALL BE
    8  USED FOR THE ADMINISTRATION OF THE PROGRAM:
    9    (A) AN ELIGIBLE APPLICANT MAY FILE AN APPLICATION WITH THE  DEPARTMENT
   10  TO BE GRANTED ACCESS TO THE PROGRAM;
   11    (B) UPON FILING THE APPLICATION, AN ELIGIBLE APPLICANT SHALL BE ISSUED
   12  AN  ELECTRONIC  MONITORING  DEVICE  THAT MAY BE WORN BY THE CHILD, AND A
   13  RECEIVER THAT MAY BE USED TO TRACK THE PHYSICAL LOCATION OF THE CHILD;
   14    (C) IF A CHILD IS MISSING AN AUTHORIZED FAMILY MEMBER  MAY  COORDINATE
   15  WITH THE APPROPRIATE LAW ENFORCEMENT AGENCY AND INFORM THE AGENCY OF THE
   16  LOCATION OF THE CHILD USING THE ELECTRONIC MONITORING DEVICE AND RECEIV-
   17  ER; AND
   18    (D) ALL APPLICANT INFORMATION PROVIDED BY THE PARENT TO THE DEPARTMENT
   19  SHALL  REMAIN  CONFIDENTIAL AND NOT BE DIVULGED BY THE DEPARTMENT EXCEPT
   20  IN CASES WHERE THE AUTHORIZED FAMILY MEMBER  SIGNS  A  SEPARATE  CONSENT
   21  FORM PROVIDING THAT ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE CHILD
   22  MAY ONLY BE RELEASED IN THE EVENT THAT AN AUTHORIZED FAMILY MEMBER SEEKS
   23  LAW ENFORCEMENT ACTION TO FIND THE LOCATION OF A MISSING CHILD.
   24    4.  TO  THE  EXTENT  POSSIBLE,  THE COMMISSIONER SHALL UTILIZE MUNICI-
   25  PALITIES AND OTHER  ORGANIZATIONS  WHICH  CURRENTLY  PROVIDE  ELECTRONIC
   26  MONITORING  DEVICES  FOR  THE  PURPOSES  OF BEING ABLE TO GEOGRAPHICALLY
   27  TRACK CHILDREN WHO HAVE AN AUTISM SPECTRUM DISORDER OR OTHER DEVELOPMENT
   28  DISABILITY.
   29    S 2. Section 837 of the executive law  is  amended  by  adding  a  new
   30  subdivision 20 to read as follows:
   31    20.  THE DIVISION, IN COOPERATION WITH THE DEPARTMENT OF HEALTH, SHALL
   32  PROVIDE RECOMMENDATIONS TO LAW ENFORCEMENT AGENCIES REGARDING THE  RISKS
   33  ASSOCIATED WITH AUTISM OR OTHER DEVELOPMENTAL DISABILITIES AND APPROPRI-
   34  ATE  RESPONSE  TECHNIQUES  CONCERNING SUCH DISABILITIES. RECOMMENDATIONS
   35  SHALL INCLUDE INFORMATION PERTAINING TO THE  UTILIZATION  OF  ELECTRONIC
   36  MONITORING  DEVICES TO DETERMINE THE LOCATION OF CHILDREN DIAGNOSED WITH
   37  AUTISM OR OTHER DEVELOPMENTAL DISABILITIES.
   38    S 3. This act shall take effect on the one hundred twentieth day after
   39  it shall have become a law.