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. LBD05112-01-9S. 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.