S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10845
 
                           I N  A S S E M B L Y
 
                               May 23, 2018
                                ___________
 
 Introduced  by  M.  of  A.  ABINANTI,  ORTIZ, PICHARDO, DICKENS, D'URSO,
   MOSLEY, BLAKE, BENEDETTO, MONTESANO, McDONOUGH, GALEF,  DAVILA,  WOER-
   NER,  WRIGHT,  COOK,  PRETLOW,  BARRON,  CRESPO,  VANEL, M. G. MILLER,
   BUTLER, McDONALD,  RODRIGUEZ,  WILLIAMS,  HOOPER,  LENTOL,  MORINELLO,
   COLTON,  CUSICK,  WALKER, ERRIGO, BRABENEC, DiPIETRO, PALUMBO, FITZPA-
   TRICK,  LAWRENCE,  RAIA,  M. L. MILLER,  MURRAY,  BARCLAY,  B. MILLER,
   LALOR,  AUBRY,  SEAWRIGHT  --  Multi-Sponsored  by -- M. of A. CROUCH,
   DE LA ROSA, GIGLIO, HIKIND, HYNDMAN, THIELE, WALSH --  read  once  and
   referred to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to duties of provid-
   ers of services for the developmentally disabled
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 16.39 to read as follows:
 § 16.39 SURVEILLANCE CAMERAS.
   (A)  (I) SURVEILLANCE CAMERAS WITH SOUND CAPABILITY SHALL BE INSTALLED
 IN ALL PUBLIC COMMON AREAS INCLUDING, BUT NOT  LIMITED  TO,  ALL  COMMON
 LIVING  AREAS,  DINING AREAS, HALLWAYS, CLASSROOMS AND TIME-OUT ROOMS IN
 ALL GROUP HOMES, RESIDENTIAL AND  DAY  SCHOOLS  AND  PROGRAMS  LICENSED,
 CERTIFIED,  FUNDED  OR OPERATED BY THE OFFICE WHICH PROVIDE SERVICES FOR
 CHILDREN OR ADULTS WITH MENTAL OR PHYSICAL DISABILITIES.
   (II) ALL PUBLIC COMMON AREAS INCLUDING, BUT NOT LIMITED TO, ALL COMMON
 LIVING AREAS, DINING AREAS, HALLWAYS, CLASSROOMS AND TIME-OUT ROOMS OF A
 FACILITY PROVIDING RESIDENTIAL CARE TO YOUTH WHICH IS OPERATED, LICENSED
 OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, OR WHICH  IS
 SUBJECT  TO  THE  SUPERVISION  OF  SUCH  OFFICE  SHALL  BE EQUIPPED WITH
 SURVEILLANCE CAMERAS WITH SOUND CAPABILITY.
   (B) IN ALL RESIDENTIAL FACILITIES STATEWIDE, FOR CHILDREN WITH  MENTAL
 DISABILITIES  CERTIFIED,  LICENSED,  FUNDED  OR  OPERATED BY THE OFFICE,
 SURVEILLANCE CAMERAS MAY BE PLACED IN A CHILD'S, AGE THIRTEEN OR  YOUNG-
 ER, ROOM AT THE REQUEST OF AND WITH THE CONSENT OF THE CHILD'S PARENT OR
 GUARDIAN AND ONLY IF THE CHILD IS IN A SINGLE OCCUPANCY BEDROOM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10481-01-7

 A. 10845                            2
 
   (C)  ANY  PROVIDER  THAT  FAILS  TO  IMPLEMENT  THE PROVISIONS OF THIS
 SECTION SHALL BE SUBJECTED TO A FINE OF ONE THOUSAND DOLLARS PER DAY  OF
 NONCOMPLIANCES.
   §  2. This act shall take effect one year after it shall have become a
 law.