NY State Senate Bill 2015-S3288A

Senate Bill S3288A

2015-2016 Legislative Session

Relates to establishing an electronic monitoring program for children diagnosed with an autism spectrum disorder as well as other developmental disabilities

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2016	referred to health delivered to assembly passed senate ordered to third reading cal.1721 committee discharged and committed to rules
Feb 12, 2016	print number 3288a
Feb 12, 2016	amend and recommit to health
Jan 06, 2016	referred to health
Feb 04, 2015	referred to health

Votes

- Jun 14, 2016 - Floor Vote
  S3288A
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Perkins
      
      excused (2)
      
      Diaz
      
      Parker
  Jun 14, 2016 - Rules Committee Vote
  S3288A
  
  21
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 14, 2016
      
      aye (21)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (1)
      
      Perkins
      
      aye wr (1)
      
      Hassell-Thompson
      
      absent (1)
      
      Espaillat
      
      excused (1)
      
      Parker

Bill Amendments

Original

A (Active)

2015-S3288 - Details

See Assembly Version of this Bill:: A1203
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §2508, Pub Health L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7491, A9976
2017-2018: S1629, A5398
2019-2020: S3680, A2833
2021-2022: S1211, A6071
2023-2024: S61
2025-2026: S269

2015-S3288 - Summary

Relates to establishing an electronic monitoring program for children diagnosed with an autism spectrum disorder as well as other developmental disabilities.

2015-S3288 - Sponsor Memo

                                BILL NUMBER:S3288

TITLE  OF  BILL:    An  act  to  amend  the  public health law and the
executive law, in relation to establishing  an  electronic  monitoring
program  for  children  diagnosed  with an autism spectrum disorder as
well as other developmental disabilities

PURPOSE:   To create  a  state-wide  program  to  provide  parents  of
children  with  an  autism  spectrum  disorder  or other developmental
disabilities   with   electronic   monitoring   devices    that    can
geographically locate such children

SUMMARY OF PROVISIONS:

Section  one  of  this  bill  amends the Public Health Law through the
addition of a new section 2507 that requires the Commissioner  of  the
Department  of  Health  to  adopt  a  program that provides electronic
monitoring for children  with  autism  spectrum  disorder  or  another
developmental disability so that a missing child can be geographically
located when such a child cannot be accounted for.

Section  two  of  this  bill  amends the Executive Law by adding a new
subdivision 20 to section 837 which would provide that the Division of
Criminal Justice Services,  in  cooperation  with  the  Department  of
Health,   shall  make  recommendations  to  law  enforcement  agencies
regarding the risks and response techniques that should be taken  into

account  concerning  individuals who have certain disabilities and the
use of electronic monitoring by such individuals.

Section three of this bill provides that this act shall take effect on
the one hundred twentieth day after it shall have become a law.

JUSTIFICATION:  Almost half of all children with autism have run  away
from  home  or  gone  missing  at  least  once  before  the age of 17,
according to the  American  Academy  of  Pediatrics.  Aside  from  the
quantity  of  these  cases,  the nature of missing child cases for law
enforcement are ranked among the most difficult  for  them  to  handle
largely due to the tactics used by investigators to find the children;
search   dogs,   sirens,  and  yelling  the  child's  name  are  often
frightening for autistic  children.  There  needs  to  be  a  tailored
approach  for finding children with autism that will be more effective
in locating and retrieving them when they are  missing.  Further,  the
current GPS tracking devices that some autistic children wear often do
not  have  a range large enough to accommodate the long distances that
those children might travel.

On January 21st, 2014 the parents of Avonte  Oquendo  heard  the  news
that  no  parents should ever have to hear, that their child has died.
Avonte, a 14 year old boy, had wandered out of his  Queens  school  in
October  of  2013.  The family, the community, and the New York Police
Department  searched  for  months  and  followed  leads.  Some   leads
indicated that Avonte was seen riding on the New York City Subway, but
those  leads  never fully panned out. Unfortunately, events like these
are all too common, and the parents of these children know it.    That
is  why  Avonte's  mother  sent  a  note to his school warning them of
Avonte's tendency to run.


Savannah Martin, 7, was found drowned in a pond near her home in  2011
after  having  leaving  her home. Similarly, on April 16, 2013, Alyvia
Navarro in Wareham,  Massachusetts  went  missing  after  leaving  her
school,   and   she  drowned  in  a  pond  later  that  day  near  her
grandmother's house.

At  2:30  PM  on December 10, 2014, Jose Leon left his Yonkers school,
but did not get on the bus to go home. Jose was found at 4:30  AM  the
next day after a woman had found him in Dobbs Ferry and brought him to
a  hospital.  That night, the temperatures were almost at the freezing
point. Even though Jose was found and  returned  to  school  two  days
later,  if  it was not for the woman who found him, he could have died
in the cold just like Avonte Oquendo.

On February 2, 2015, a  10-year-old  girl  in  Independence,  Missouri
wandered into single-digit degree weather before her mother was awake.
She was found early in the morning outside without shoes or socks. The
mother  told reporters that her daughter has left the house unattended
several times before because she was able to get through the guard bar
on the door meant to stop her from leaving the home alone.

The many instances of autistic and developmentally  disabled  children
running, and the statistics that show how common these occurrences are
illustrates  the  need  for  this  type of electronic monitoring. This
would help  to  prevent  many  terrible  instances  and  would  enable
families  to  find these children in the case that they do run away or
wander off.

LEGISLATIVE HISTORY:  2014: S.7491 - Referred to Health

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:  This act shall take effect 120th day after it becomes
law.

2015-S3288 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3288

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

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:

  Section  1.  The  public health law is amended by adding a new section
2507 to read as follows:
  S 2507. ELECTRONIC MONITORING FOR CHILDREN WITH DEVELOPMENTAL DISABIL-
ITIES. 1. FOR THE PURPOSES OF THIS SECTION  THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  (A) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF HEALTH;
  (B) "CHILD" SHALL MEAN A PERSON UNDER THE AGE OF EIGHTEEN YEARS;
  (C)  "ELIGIBLE  APPLICANT"  SHALL  MEAN  THE PARENT, LEGAL GUARDIAN OR
CUSTODIAN OF A CHILD WHO HAS BEEN DIAGNOSED BY A PHYSICIAN AS HAVING  AN
AUTISM  SPECTRUM DISORDER AS DETERMINED BY SECTION TWENTY-FIVE HUNDRED-J
OF THIS TITLE OR OTHER DEVELOPMENTAL DISABILITY;
  (D) "AUTHORIZED FAMILY MEMBER" SHALL MEAN A DESIGNATED PARENT,  GRAND-
PARENT, SIBLING OLDER THAN THE AGE OF EIGHTEEN, LEGAL GUARDIAN OR CUSTO-
DIAN  WHO  IS AUTHORIZED TO USE A RECEIVING DEVICE THAT IS ABLE TO TRACK
THE GEOGRAPHIC LOCATION OF AN ELECTRONIC MONITORING DEVICE.  SUCH  INDI-
VIDUALS  SHALL BE LISTED ON THE APPLICATION SUBMITTED TO THE DEPARTMENT;
AND
  (E) "ELECTRONIC MONITORING DEVICE" SHALL MEAN ANY RADIO, GLOBAL  POSI-
TIONING  SYSTEM, CELLULAR DEVICE OR ANY OTHER SATELLITE-BASED MONITORING
DEVICE THAT CAN PROVIDE CONTINUOUS TRACKING OF THE  GEOGRAPHIC  LOCATION
OF  CHILDREN  AND  AN AUTOMATED MONITORING SYSTEM THAT CAN BE USED BY AN
APPROPRIATE LAW ENFORCEMENT AGENCY AT THE REQUEST OF AN AUTHORIZED FAMI-
LY MEMBER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00572-01-5

S. 3288                             2

  2. THE COMMISSIONER SHALL ESTABLISH A PROGRAM  TO  PROVIDE  ELECTRONIC
MONITORING  DEVICES  TO  AN  ELIGIBLE APPLICANT FOR THE PURPOSE OF BEING
ABLE TO GEOGRAPHICALLY LOCATE A CHILD UPON CIRCUMSTANCES WHERE THE CHILD
IS UNABLE TO BE ACCOUNTED FOR. THE PROGRAM  SHALL  FACILITATE  THE  SAFE
RECOVERY  OF  CHILDREN  DIAGNOSED  WITH  AN  AUTISM SPECTRUM DISORDER OR
ANOTHER DEVELOPMENTAL DISABILITY WHO ARE MISSING OR ABDUCTED.
  3. THE PROGRAM SHALL BE VOLUNTARY AND THE FOLLOWING PROCEDURE SHALL BE
USED FOR THE ADMINISTRATION OF THE PROGRAM:
  (A) AN ELIGIBLE APPLICANT MAY FILE AN APPLICATION WITH THE  DEPARTMENT
TO BE GRANTED ACCESS TO THE PROGRAM;
  (B) UPON FILING THE APPLICATION, AN ELIGIBLE APPLICANT SHALL BE ISSUED
AN  ELECTRONIC  MONITORING  DEVICE  THAT MAY BE WORN BY THE CHILD, AND A
RECEIVER THAT MAY BE USED TO TRACK THE PHYSICAL LOCATION OF THE CHILD;
  (C) IF A CHILD IS MISSING AN AUTHORIZED FAMILY MEMBER  MAY  COORDINATE
WITH THE APPROPRIATE LAW ENFORCEMENT AGENCY AND INFORM THE AGENCY OF THE
LOCATION OF THE CHILD USING THE ELECTRONIC MONITORING DEVICE AND RECEIV-
ER; AND
  (D) ALL APPLICANT INFORMATION PROVIDED BY THE PARENT TO THE DEPARTMENT
SHALL  REMAIN  CONFIDENTIAL AND NOT BE DIVULGED BY THE DEPARTMENT EXCEPT
IN CASES WHERE THE AUTHORIZED FAMILY MEMBER  SIGNS  A  SEPARATE  CONSENT
FORM PROVIDING THAT ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE CHILD
MAY ONLY BE RELEASED IN THE EVENT THAT AN AUTHORIZED FAMILY MEMBER SEEKS
LAW ENFORCEMENT ACTION TO FIND THE LOCATION OF A MISSING CHILD.
  4.  TO  THE  EXTENT  POSSIBLE,  THE COMMISSIONER SHALL UTILIZE MUNICI-
PALITIES AND OTHER  ORGANIZATIONS  WHICH  CURRENTLY  PROVIDE  ELECTRONIC
MONITORING  DEVICES  FOR  THE  PURPOSES  OF BEING ABLE TO GEOGRAPHICALLY
TRACK CHILDREN WHO HAVE AN AUTISM SPECTRUM DISORDER OR OTHER DEVELOPMENT
DISABILITY.
  S 2. Section 837 of the executive law  is  amended  by  adding  a  new
subdivision 20 to read as follows:
  20.  THE DIVISION, IN COOPERATION WITH THE DEPARTMENT OF HEALTH, SHALL
PROVIDE RECOMMENDATIONS TO LAW ENFORCEMENT AGENCIES REGARDING THE  RISKS
ASSOCIATED WITH AUTISM OR OTHER DEVELOPMENTAL DISABILITIES AND APPROPRI-
ATE  RESPONSE  TECHNIQUES  CONCERNING SUCH DISABILITIES. RECOMMENDATIONS
SHALL INCLUDE INFORMATION PERTAINING TO THE  UTILIZATION  OF  ELECTRONIC
MONITORING  DEVICES TO DETERMINE THE LOCATION OF CHILDREN DIAGNOSED WITH
AUTISM OR OTHER DEVELOPMENTAL DISABILITIES.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

2015-S3288A (ACTIVE) - Details

See Assembly Version of this Bill:: A1203
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §2508, Pub Health L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7491, A9976
2017-2018: S1629, A5398
2019-2020: S3680, A2833
2021-2022: S1211, A6071
2023-2024: S61
2025-2026: S269

2015-S3288A (ACTIVE) - Summary

Relates to establishing an electronic monitoring program for children diagnosed with an autism spectrum disorder as well as other developmental disabilities.

2015-S3288A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3288A                Revised 02/16/16

 TITLE OF BILL :  An act to amend the public health law and the
executive law, in relation to establishing an electronic monitoring
program for children diagnosed with an autism spectrum disorder as
well as other developmental disabilities

 TITLE OF BILL :

An act to amend the public health law and the executive law, in
relation to establishing an electronic monitoring program for children
diagnosed with an autism spectrum disorder as well as other
developmental disabilities

 PURPOSE :

To create a state wide program to provide parents of children with an
autism spectrum disorder or other developmental disabilities with
electronic monitoring devices that can geographically locate such
children

 SUMMARY OF PROVISIONS :

Section one of this bill amends the Public Health Law through the
addition of a new section 2508 that requires the Commissioner of the
Department of Health to adopt a program that provides electronic

monitoring for children with autism spectrum disorder or another
developmental disability so that a missing child can be geographically
located when such a child cannot be accounted for.

Section two amends the Executive Law by adding a new subdivision 21 to
section 837 which would provide that the Division of Criminal Justice
Services, in cooperation with the Department of Health, shall make
recommendations to law enforcement agencies regarding the risks and
response techniques that should be taken into account concerning
individuals who have certain disabilities and the use of electronic
monitoring by such individuals.

Section three of this bill provides that this act shall take effect on
the one hundred twentieth day after it shall have become a law.

 JUSTIFICATION :

Almost half of all children with autism have run away from home or
gone missing at least once before the age of 17, according to the
American Academy of Pediatrics. Aside from the quantity of these
cases, the nature of missing child cases for law enforcement are
ranked among the most difficult for them to handle largely due to the
tactics used by investigators to find the children; search dogs,
sirens, and yelling the child's name are often frightening for
autistic children. There needs to be a tailored approach for finding
children with autism that will be more effective in locating and
retrieving them when they are missing. Further, the current GPS
tracking devices that some autistic children wear often do not have a
range large enough to accommodate the long distances that those
children might travel.

On January 21st, 2014, the parents of Avonte Oquendo heard the news
that no parents should ever have to hear. They were told that their
child had died. Avonte, a 14 year old boy, had wandered out of his
Queens school in October of 2013. His family, the community, and the
New York Police Department searched for months and followed leads.
Some leads indicated that Avonte was seen riding on the New York City
subway, but those leads never fully panned out.


Unfortunately, events like these are all too common for children with
autism, and the parents of these children know it. That is why
Avonte's mother sent a note to his school warning them of Avonte's
tendency to run.

At 2:30 PM on December 10, 2014, Jose Leon left his Yonkers school,
but did not get on the bus to go home. Jose was found at 4:30 AM the
next day in Dobbs Ferry. On the night of December 10, the temperatures
were almost at the freezing point. While Jose returned to school two
days later, if he had not been found, he could have died in the cold.

On February 2, 2015, a 10-year-old girl in Independence, Missouri
wandered into single-digit degree weather before her mother was awake.
She was found early in the morning outside without shoes or socks. The
mother told reporters that her daughter has left the house unattended
several times before because she was able to get through the guard bar
on the door meant to stop her from leaving the home Inn alone.

In January of this year, Kyle Hoffmaier left his parents' home in Kips
Bay, Manhattan after fighting with his parents. The New York Post
reported that "small army - including active and retired firefighters,
members of the Guardian Angels, friends and family" searched for Kyle.
He was found in good health 5 days later in Forest Hills, Queens and
reunited with his family.

The many instances of autistic and developmentally disabled children
running, and the statistics that show how common these occurrences are
illustrates the need for this type of electronic monitoring. This
would help to prevent many terrible instances and would enable
families to find these children in the case that they do run away or
wander off.

 LEGISLATIVE HISTORY :

2015: S.3288 - Referred to Health
2014: S.7491 - Referred to Health

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2015-S3288A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3288--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            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:

  Section 1. The public health law is amended by adding  a  new  section
2508 to read as follows:
  S 2508. ELECTRONIC MONITORING FOR CHILDREN WITH DEVELOPMENTAL DISABIL-
ITIES.  1.  FOR  THE  PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (A) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF HEALTH;
  (B) "CHILD" SHALL MEAN A PERSON UNDER THE AGE OF EIGHTEEN YEARS;
  (C) "ELIGIBLE APPLICANT" SHALL MEAN  THE  PARENT,  LEGAL  GUARDIAN  OR
CUSTODIAN  OF A CHILD WHO HAS BEEN DIAGNOSED BY A PHYSICIAN AS HAVING AN
AUTISM SPECTRUM DISORDER AS DETERMINED BY SECTION TWENTY-FIVE  HUNDRED-J
OF THIS TITLE OR OTHER DEVELOPMENTAL DISABILITY;
  (D)  "AUTHORIZED FAMILY MEMBER" SHALL MEAN A DESIGNATED PARENT, GRAND-
PARENT, SIBLING OLDER THAN THE AGE OF EIGHTEEN, LEGAL GUARDIAN OR CUSTO-
DIAN WHO IS AUTHORIZED TO USE A RECEIVING DEVICE THAT IS ABLE  TO  TRACK
THE  GEOGRAPHIC  LOCATION OF AN ELECTRONIC MONITORING DEVICE. SUCH INDI-
VIDUALS SHALL BE LISTED ON THE APPLICATION SUBMITTED TO THE  DEPARTMENT;
AND
  (E)  "ELECTRONIC MONITORING DEVICE" SHALL MEAN ANY RADIO, GLOBAL POSI-
TIONING SYSTEM, CELLULAR DEVICE OR ANY OTHER SATELLITE-BASED  MONITORING
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

OF CHILDREN AND AN AUTOMATED MONITORING SYSTEM THAT CAN BE  USED  BY  AN
APPROPRIATE LAW ENFORCEMENT AGENCY AT THE REQUEST OF AN AUTHORIZED FAMI-
LY MEMBER.
  2.  THE  COMMISSIONER  SHALL ESTABLISH A PROGRAM TO PROVIDE ELECTRONIC
MONITORING DEVICES TO AN ELIGIBLE APPLICANT FOR  THE  PURPOSE  OF  BEING
ABLE TO GEOGRAPHICALLY LOCATE A CHILD UPON CIRCUMSTANCES WHERE THE CHILD
IS  UNABLE  TO  BE  ACCOUNTED FOR. THE PROGRAM SHALL FACILITATE THE SAFE
RECOVERY OF CHILDREN DIAGNOSED  WITH  AN  AUTISM  SPECTRUM  DISORDER  OR
ANOTHER DEVELOPMENTAL DISABILITY WHO ARE MISSING OR ABDUCTED.
  3. THE PROGRAM SHALL BE VOLUNTARY AND THE FOLLOWING PROCEDURE SHALL BE
USED FOR THE ADMINISTRATION OF THE PROGRAM:
  (A)  AN ELIGIBLE APPLICANT MAY FILE AN APPLICATION WITH THE DEPARTMENT
TO BE GRANTED ACCESS TO THE PROGRAM;
  (B) UPON FILING THE APPLICATION, AN ELIGIBLE APPLICANT SHALL BE ISSUED
AN ELECTRONIC MONITORING DEVICE THAT MAY BE WORN BY  THE  CHILD,  AND  A
RECEIVER THAT MAY BE USED TO TRACK THE PHYSICAL LOCATION OF THE CHILD;
  (C)  IF  A CHILD IS MISSING AN AUTHORIZED FAMILY MEMBER MAY COORDINATE
WITH THE APPROPRIATE LAW ENFORCEMENT AGENCY AND INFORM THE AGENCY OF THE
LOCATION OF THE CHILD USING THE ELECTRONIC MONITORING DEVICE AND RECEIV-
ER; AND
  (D) ALL APPLICANT INFORMATION PROVIDED BY THE PARENT TO THE DEPARTMENT
SHALL REMAIN CONFIDENTIAL AND NOT BE DIVULGED BY THE  DEPARTMENT  EXCEPT
IN  CASES  WHERE  THE  AUTHORIZED FAMILY MEMBER SIGNS A SEPARATE CONSENT
FORM PROVIDING THAT ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE CHILD
MAY ONLY BE RELEASED IN THE EVENT THAT AN AUTHORIZED FAMILY MEMBER SEEKS
LAW ENFORCEMENT ACTION TO FIND THE LOCATION OF A MISSING CHILD.
  4. TO THE EXTENT POSSIBLE,  THE  COMMISSIONER  SHALL  UTILIZE  MUNICI-
PALITIES  AND  OTHER  ORGANIZATIONS  WHICH  CURRENTLY PROVIDE ELECTRONIC
MONITORING DEVICES FOR THE PURPOSES  OF  BEING  ABLE  TO  GEOGRAPHICALLY
TRACK CHILDREN WHO HAVE AN AUTISM SPECTRUM DISORDER OR OTHER DEVELOPMENT
DISABILITY.
  S  2.  Section  837  of  the  executive law is amended by adding a new
subdivision 21 to read as follows:
  21. THE DIVISION, IN COOPERATION WITH THE DEPARTMENT OF HEALTH,  SHALL
PROVIDE  RECOMMENDATIONS TO LAW ENFORCEMENT AGENCIES REGARDING THE RISKS
ASSOCIATED WITH AUTISM OR OTHER DEVELOPMENTAL DISABILITIES AND APPROPRI-
ATE RESPONSE TECHNIQUES CONCERNING  SUCH  DISABILITIES.  RECOMMENDATIONS
SHALL  INCLUDE  INFORMATION  PERTAINING TO THE UTILIZATION OF ELECTRONIC
MONITORING DEVICES TO DETERMINE THE LOCATION OF CHILDREN DIAGNOSED  WITH
AUTISM OR OTHER DEVELOPMENTAL DISABILITIES.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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