Relates to establishing an electronic monitoring program for children diagnosed with an autism spectrum disorder as well as other developmental disabilities.
STATE OF NEW YORK
________________________________________________________________________
5398--A
2017-2018 Regular Sessions
IN ASSEMBLY
February 8, 2017
___________
Introduced by M. of A. ABINANTI, TITONE, SEPULVEDA, WEPRIN, MOSLEY --
read once and referred to the Committee on Health -- reported and
referred to the Committee on Ways and Means -- recommitted to the
Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04244-04-8
A. 5398--A 2
1 device that can provide continuous tracking of the geographic location
2 of children and an automated monitoring system that can be used by an
3 appropriate law enforcement agency at the request of an authorized fami-
4 ly member.
5 2. The commissioner shall establish a program to provide electronic
6 monitoring devices to an eligible applicant for the purpose of being
7 able to geographically locate a child upon circumstances where the child
8 is unable to be accounted for. The program shall facilitate the safe
9 recovery of children diagnosed with an autism spectrum disorder or
10 another developmental disability who are missing or abducted.
11 3. The program shall be voluntary and the following procedure shall be
12 used for the administration of the program:
13 (a) an eligible applicant may file an application with the department
14 to be granted access to the program;
15 (b) upon filing the application, an eligible applicant shall be issued
16 an electronic monitoring device that may be worn by the child, and a
17 receiver that may be used to track the physical location of the child;
18 (c) if a child is missing an authorized family member may coordinate
19 with the appropriate law enforcement agency and inform the agency of the
20 location of the child using the electronic monitoring device and receiv-
21 er; and
22 (d) all applicant information provided by the parent to the department
23 shall remain confidential and not be divulged by the department except
24 in cases where the authorized family member signs a separate consent
25 form providing that any personally identifiable information on the child
26 may only be released in the event that an authorized family member seeks
27 law enforcement action to find the location of a missing child.
28 4. To the extent possible, the commissioner shall utilize munici-
29 palities and other organizations which currently provide electronic
30 monitoring devices for the purposes of being able to geographically
31 track children who have an autism spectrum disorder or other development
32 disability.
33 § 2. Section 837 of the executive law is amended by adding a new
34 subdivision 22 to read as follows:
35 22. The division, in cooperation with the department of health, shall
36 provide recommendations to law enforcement agencies regarding the risks
37 associated with autism or other developmental disabilities and appropri-
38 ate response techniques concerning such disabilities. Recommendations
39 shall include information pertaining to the utilization of electronic
40 monitoring devices to determine the location of children diagnosed with
41 autism or other developmental disabilities.
42 § 3. This act shall take effect on the one hundred twentieth day after
43 it shall have become a law.
