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

                                 1203--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. ABINANTI, GOLDFEDER -- read once and referred to
  the Committee on Health -- recommitted to the Committee on  Health  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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.
                                                           LBD00572-03-6
              

A. 1203--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.