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A01468 Summary:

BILL NOA01468
 
SAME ASNo Same As
 
SPONSORSantabarbara
 
COSPNSRStern
 
MLTSPNSR
 
Add §837-w, Exec L
 
Relates to establishing an electronic monitoring program for certain children and adults; establishes a program where local law enforcement agencies shall provide electronic monitoring devices to parents or guardians to be worn by children or adults with autism spectrum disorder, developmental disability, Alzheimer's disease or other dementia, or any other cognitive disorder; provides such devices shall be used by law enforcement agencies to locate missing children or adults.
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A01468 Actions:

BILL NOA01468
 
01/11/2021referred to governmental operations
01/05/2022referred to governmental operations
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A01468 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1468
 
SPONSOR: Santabarbara
  TITLE OF BILL: An act to amend the executive law, in relation to establishing an elec- tronic monitoring program for certain children and adults   PURPOSE: To establish a state wide program using proven technology that allows individuals wear a discreet bracelet on their wrist, ankle or in their clothing that when activated allows law enforcement officers to locate them using a radio frequency unique to each individual. Nationwide, similar programs have successfully reduced the search for a missing person from hours and days to minutes without the need for massive search and rescue efforts.   SUMMARY OF PROVISIONS: Section 1: Amends the executive law by establishing an electronic moni- toring program for eligible children and adults. The Division of Criminal Justice Services, in conjunction with the Office for People with Developmental Disabilities and the Office for the Aging, will establish a program for local law enforcement agencies to provide electronic monitoring devices to an eligible applicant to be worn by the participating child or adult for the purpose of geograph- ically locating them when they are unable to be accounted for. The program shall be voluntary and any personally identifiable informa- tion will be confidential, but may be used in the event that law enforcement action is sought to locate the missing person. Section 2: Effective Date.   JUSTIFICATION: This legislation seeks to create a state wide program designed to help local law enforcement agencies find missing people who have a tendency to wander, including people with Autism Spectrum Disorder, Alzheimer's and other related conditions. The technology is based upon successful similar programs that already exist, such as Schenectady County's Project Lifesaver program. Through the program, individuals wear a discreet bracelet on their wrist, ankle or in their clothing that when activated allows law enforcement officers to locate them using a radio frequency unique to each individual. This technology has successfully reduced the search for a missing person from hours and days to minutes. It's critical that we invest in this life-saving technology to protect our most vulnerable citizens. Although we've successfully launched the program in a number of areas across the state, there are families affected by autism across the state that do not have access to it. The next step is to establish a statewide system that makes this technology available to individuals at risk of wandering and where law enforcement agencies can use compatible technology with coordinated training across the state.   LEGISLATIVE HISTORY: 2017-18: A10340 - referred to governmental operations 2019-20: A1648 - referred to governmental operations   FISCAL IMPLICATIONS:   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law; provided, however, the amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effec- tive date are authorized and directed to be made and completed on or before such effective date.
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A01468 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1468
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2021
                                       ___________
 
        Introduced  by M. of A. SANTABARBARA, STERN -- read once and referred to
          the Committee on Governmental Operations
 
        AN ACT to amend the executive law, in relation to establishing an  elec-
          tronic monitoring program for certain children and adults
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The executive law is amended by adding a new section  837-w
     2  to read as follows:
     3    §  837-w.  Electronic  monitoring  program  for  certain  children and
     4  adults. 1. For the purposes of this section, the following  terms  shall
     5  have the following meanings:
     6    (a) "child" shall mean a person under the age of eighteen years;
     7    (b)  "eligible applicant" shall mean the parent or legal guardian of a
     8  child or adult who has been diagnosed by a physician as having an autism
     9  spectrum disorder,  developmental  disability,  Alzheimer's  disease  or
    10  other dementia, or any other cognitive disorder;
    11    (c) "participating child or adult" shall mean the child or adult diag-
    12  nosed   with   autism   spectrum   disorder,  developmental  disability,
    13  Alzheimer's disease or other dementia, or other cognitive  disorder  who
    14  is enrolled in the electronic monitoring program and wears an electronic
    15  monitoring device; and
    16    (d)  "electronic monitoring device" shall mean any radio, global posi-
    17  tioning system, cellular device or any other satellite-based  monitoring
    18  device  that  can provide continuous tracking of the geographic location
    19  of a participating child or adult.
    20    2. (a) The division, in consultation with the office for  people  with
    21  developmental disabilities and the office for the aging, shall establish
    22  a program for local law enforcement agencies to provide electronic moni-
    23  toring  devices  to an eligible applicant to be worn by such applicant's
    24  participating child or adult for the purpose of geographically  locating
    25  such  child  or  adult  upon  circumstances  where the child or adult is
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04556-01-1

        A. 1468                             2
 
     1  unable to be accounted for. The program shall facilitate the safe recov-
     2  ery of participating children or adults who are missing or abducted.
     3    (b) The division shall train local law enforcement agencies on the use
     4  of electronic monitoring devices.
     5    3. The program shall be voluntary and the following procedure shall be
     6  used for the administration of the program:
     7    (a)  an  eligible  applicant  may  file an application with his or her
     8  local law enforcement agency to be granted access to the program;
     9    (b) upon approval of the application, an eligible applicant  shall  be
    10  issued  an  electronic  monitoring device that may be worn by his or her
    11  participating child or adult;
    12    (c) if a participating child or adult is missing a caregiver,  parent,
    13  or  legal guardian shall alert the local law enforcement agency and such
    14  law enforcement agency shall attempt to locate the  participating  child
    15  or adult using the electronic monitoring device; and
    16    (d)  all  applicant  information provided by the eligible applicant to
    17  the local law enforcement agency shall remain confidential  and  not  be
    18  divulged  by the law enforcement agency except in cases where the eligi-
    19  ble  applicant  signs  a  separate  consent  form  providing  that   any
    20  personally  identifiable information on the participating child or adult
    21  may only be released in the event that law enforcement action is  sought
    22  to locate a missing participating child or adult.
    23    §  2.  This  act shall take effect on the ninetieth day after it shall
    24  have become a law. Effective immediately, the addition, amendment and/or
    25  repeal of any rule or regulation necessary  for  the  implementation  of
    26  this  act  on its effective date are authorized to be made and completed
    27  on or before such effective date.
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