S03288 Summary:

BILL NOS03288A
 
SAME ASSAME AS A01203-A
 
SPONSORGOLDEN
 
COSPNSR
 
MLTSPNSR
 
Add §2508, Pub Health L; amd §837, Exec L
 
Relates to establishing an electronic monitoring program for children diagnosed with an autism spectrum disorder as well as other developmental disabilities.
Go to top    

S03288 Actions:

BILL NOS03288A
 
02/04/2015REFERRED TO HEALTH
01/06/2016REFERRED TO HEALTH
02/12/2016AMEND AND RECOMMIT TO HEALTH
02/12/2016PRINT NUMBER 3288A
06/14/2016COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/14/2016ORDERED TO THIRD READING CAL.1721
06/14/2016PASSED SENATE
06/14/2016DELIVERED TO ASSEMBLY
06/14/2016referred to health
Go to top

S03288 Committee Votes:

Go to top

S03288 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S03288 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3288--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 4, 2015
                                       ___________
 
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health --  recommitted  to
          the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
          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  2508 to read as follows:
     3    § 2508. 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00572-02-6

        S. 3288--A                          2
 
     1  of children and an automated monitoring system that can be  used  by  an
     2  appropriate law enforcement agency at the request of an authorized fami-
     3  ly member.
     4    2.  The  commissioner  shall establish a program to provide electronic
     5  monitoring devices to an eligible applicant for  the  purpose  of  being
     6  able to geographically locate a child upon circumstances where the child
     7  is  unable  to  be  accounted for. The program shall facilitate the safe
     8  recovery of children diagnosed  with  an  autism  spectrum  disorder  or
     9  another developmental disability who are missing or abducted.
    10    3. The program shall be voluntary and the following procedure shall be
    11  used for the administration of the program:
    12    (a)  an eligible applicant may file an application with the department
    13  to be granted access to the program;
    14    (b) upon filing the application, an eligible applicant shall be issued
    15  an electronic monitoring device that may be worn by  the  child,  and  a
    16  receiver that may be used to track the physical location of the child;
    17    (c)  if  a child is missing an authorized family member may coordinate
    18  with the appropriate law enforcement agency and inform the agency of the
    19  location of the child using the electronic monitoring device and receiv-
    20  er; and
    21    (d) all applicant information provided by the parent to the department
    22  shall remain confidential and not be divulged by the  department  except
    23  in  cases  where  the  authorized family member signs a separate consent
    24  form providing that any personally identifiable information on the child
    25  may only be released in the event that an authorized family member seeks
    26  law enforcement action to find the location of a missing child.
    27    4. To the extent possible,  the  commissioner  shall  utilize  munici-
    28  palities  and  other  organizations  which  currently provide electronic
    29  monitoring devices for the purposes  of  being  able  to  geographically
    30  track children who have an autism spectrum disorder or other development
    31  disability.
    32    §  2.  Section  837  of  the  executive law is amended by adding a new
    33  subdivision 21 to read as follows:
    34    21. The division, in cooperation with the department of health,  shall
    35  provide  recommendations to law enforcement agencies regarding the risks
    36  associated with autism or other developmental disabilities and appropri-
    37  ate response techniques concerning  such  disabilities.  Recommendations
    38  shall  include  information  pertaining to the utilization of electronic
    39  monitoring devices to determine the location of children diagnosed  with
    40  autism or other developmental disabilities.
    41    § 3. This act shall take effect on the one hundred twentieth day after
    42  it shall have become a law.
Go to top