Requires providers of residential services to developmentally disabled children to have electronic monitoring devices in the common areas of their residential facilities.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10139
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the mental hygiene law, in relation to duties of provid-
ers of services for the developmentally disabled
PURPOSE:
The purpose of this bill is intended to protect children and adults with
mental or physical disabilities, as well as youth in residential care,
by increasing safety, transparency, and accountability in state-regulat-
ed facilities. Electronic monitoring in public common areas serves as a
deterrent to abuse and neglect and protects both residents and staff.
SUMMARY OF PROVISIONS:
This bill's provisions include a requirement to install electronic moni-
toring devices capable of capturing video and audio in all common areas;
mandatory notice requirement for common area monitoring from the facili-
ty;, the right of all residents to install electronic monitoring devices
in their private bedroom at their own expense; and, a $1,000 daily fine
for provider noncompliance. Terminology has been standardized, replacing
outdated references with "individuals with developmental disabilities"
as well as defining electronic monitoring devices.
JUSTIFICATION:
The bill will enhance the safety and protection of vulnerable children
and adults in state-regulated care facilities by requiring electronic
monitoring in public common areas to deter abuse, document incidents,
and promote accountability. Conspicuous notice requirements ensure tran-
sparency and respect privacy by informing all individuals that audio and
video monitoring is in use. Allowing residents or their parents or guar-
dians to install monitoring devices in single-occupancy bedrooms
provides an additional safeguard in private spaces while maintaining
privacy through notice and consent conditions. Enforcement penalties and
a clear definition of electronic monitoring devices ensure consistent
compliance and effective oversight.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect one year after it shall have become law
STATE OF NEW YORK
________________________________________________________________________
10139
IN ASSEMBLY
February 6, 2026
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on People with Disabilities
AN ACT to amend the mental hygiene law, in relation to duties of provid-
ers of services for the developmentally disabled
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The mental hygiene law is amended by adding a new section
2 16.39 to read as follows:
3 § 16.39 Electronic monitoring devices.
4 (a) (i) Electronic monitoring devices with sound capability shall be
5 installed in all public common areas including, but not limited to, all
6 common living areas, dining areas, hallways, classrooms and time-out
7 rooms in all group homes, residential and day schools and programs
8 licensed, certified, funded or operated by the office which provide
9 services for children or adults with mental or physical disabilities.
10 (ii) All public common areas including, but not limited to, all common
11 living areas, dining areas, hallways, classrooms and time-out rooms of a
12 facility providing residential care to youth which is operated, licensed
13 or certified by the office of children and family services, or which is
14 subject to the supervision of such office shall be equipped with elec-
15 tronic monitoring devices with sound capability.
16 (iii) A conspicuous notice shall be posted in all subject facilities
17 advising individuals entering that video and sound is being captured.
18 (b) In all residential facilities statewide for children with mental
19 disabilities certified, licensed, funded or operated by the office,
20 every resident or their parent or guardian may install, operate, and
21 maintain an electronic monitoring device in such resident's bedroom at
22 their own expense, provided, however, that:
23 (i) the resident is in a single occupancy bedroom;
24 (ii) such resident or such resident's parent or guardian notifies the
25 facility that an electronic monitoring device is monitoring the resi-
26 dent's bedroom, and whether the electronic monitoring device captures
27 video, audio, or a combination thereof; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14783-01-6
A. 10139 2
1 (iii) if the electronic monitoring device captures audio, a notice
2 shall be posted by the facility in a conspicuous place advising individ-
3 uals entering the room that audio is being captured.
4 (c) Any provider that fails to implement the provisions of this
5 section shall be subjected to a fine of one thousand dollars per day of
6 noncompliance.
7 (d) For the purposes of this section, the term "electronic monitoring
8 device" means a surveillance instrument with a video camera or an audio
9 recording device, or a combination thereof, which transmits to a specif-
10 ic recipient or records activity or sounds occurring in the space.
11 § 2. This act shall take effect one year after it shall have become a
12 law.
