Requires providers of residential services to developmentally disabled children to have electronic monitoring devices in the common areas of their residential facilities.
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.
