NY State Senate Bill 2019-S3680

Senate Bill S3680

2019-2020 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 Senate Committee Health 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Feb 12, 2019	referred to health

2019-S3680 (ACTIVE) - Details

See Assembly Version of this Bill:: A2833
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2509, Pub Health L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7491, A9976
2015-2016: S3288, A1203
2017-2018: S1629, A5398
2021-2022: S1211, A6071
2023-2024: S61
2025-2026: S269

2019-S3680 (ACTIVE) - Summary

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

2019-S3680 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3680

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a state-wide program to provide parents of children with an
autism spectrum disorder or other developmental disability with elec-
tronic monitoring devices that can geographically locate such children.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the public health law by adding a new
section 2509 to establish an electronic monitoring program for children
with autism or other developmental disabilities.

Section two amends executive law section 837 by adding a new subdivision

22 to provide that the division of criminal justice in cooperation with
the department of health shall make recommendations to law enforcement
agencies regarding the risks associated with autism or other develop-
mental disabilities and appropriate response techniques concerning such
disabilities including utilization of electronic monitoring devices to
locate such children.

Section 3 is the effective date.

 
JUSTIFICATION:

According to the Academy of Pediatrics, almost half of all children with
autism have run away from home or gone missing at least once before the
age of 17. In addition to the quantity of these cases, the nature of
missing children cases are ranked by law enforcement to be among the
most difficult to handle largely due to the tactics used by investi-
gators to find the children; search dogs, sirens, and yelling the
child's name which are often frightening for autistic children.  There
needs to be a tailored and effective approach for finding children with
autism 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 these 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 had died.

Avonte, a 14 year old boy wandered out of his Queens school in October
of 2013. The family, community and the NYPD conducted an exhaustive
search for months to no avail. Unfortunately, events like these are all
too common and the parents of children with autism know it. That is why
Avonte's mother sent a note to his school warning them of Avonte's tend-
ency to run.

 
 IN MAY 2014 IN ARIZONA 16 YEAR OLD DAVID MCARTHUR WHO LIKE AVONTE IS
AUTISTIC WANDERED AWAY FROM SCHOOL, FORTUNATELY DAVID WAS FOUND SAFE.
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 WHILE HER MOTHER WAS
SLEEPING. 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.

IN JANUARY 2016, KYLE HOFFMAIER LEFT HIS PARENTS' HOME IN KIPS BAY,
MANHATTAN AFTER QUARRELLING 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 WHO
WANDER OFF CLEARLY DEMONSTRATE THE NEED FOR ELECTRONIC MONITORING. TIME
IS A CRITICAL FACTOR IN SAFELY LOCATING CHILDREN WITH DISABILITIES WITH
A TENDENCY TO WANDER. THIS BILL ESTABLISHES A VOLUNTARY PROGRAM THAT
WOULD PROVIDE PARENTS OF CHILDREN WITH DEVELOPMENTAL DISABILITIES WITH
ELECTRONIC MONITORING DEVICES TO BE WORN BY THEIR CHILDREN AND PAIRED
WITH A RECEIVER GIVEN TO THE PARENTS. IF A CHILD WANDERS THIS DEVICE
WOULD HELP THE PARENTS AND POLICE TO LOCATE THE CHILD IN AN EFFICIENT
AND TIMELY FASHION.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: A5398A REFERRED TO HEALTH; SAME AS S1629A (GOLDEN) REFERRED TO
HEALTH;
2016: A1203A REFERRED TO HEALTH; SAME AS S3288A PASSED SENATE;
2014: A9976 REFERRED TO HEALTH; SAME AS S7491 (GOLDEN) REFERRED TO
HEALTH

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TO BE DETERMINED.

 
EFFECTIVE DATE:
THIS ACT SHALL TAKE EFFECT ONE HUNDRED AND TWENTY DAYS AFTER IT SHALL
HAVE BECOME LAW.

2019-S3680 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3680
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2019
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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
 2509 to read as follows:
   § 2509. 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.

                                                            LBD05112-01-9

 S. 3680                             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  DEVELOP-
 MENTAL DISABILITY.
   §  2.  Section  837  of  the  executive law is amended by adding a new
 subdivision 22 to read as follows:
   22. 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.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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