Bill Text: NY S03680 | 2019-2020 | General Assembly | Introduced


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 (Democrat 1-0)

Status: (Introduced) 2019-02-12 - REFERRED TO HEALTH [S03680 Detail]

Download: New_York-2019-S03680-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3680
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 12, 2019
                                       ___________
        Introduced  by Sen. HARCKHAM -- 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  2509 to read as follows:
     3    § 2509. 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.
                                                                   LBD05112-01-9

        S. 3680                             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  develop-
    28  mental disability.
    29    §  2.  Section  837  of  the  executive law is amended by adding a new
    30  subdivision 22 to read as follows:
    31    22. 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    § 3. This act shall take effect on the one hundred twentieth day after
    39  it shall have become a law.
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