S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1129
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to establishing an  elec-
   tronic monitoring program for certain children and adults
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  837-y
 to read as follows:
   §  837-Y.  ELECTRONIC  MONITORING  PROGRAM  FOR  CERTAIN  CHILDREN AND
 ADULTS. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "CHILD" SHALL MEAN A PERSON UNDER THE AGE OF EIGHTEEN YEARS;
   (B)  "ELIGIBLE APPLICANT" SHALL MEAN THE PARENT OR LEGAL GUARDIAN OF A
 CHILD OR ADULT WHO HAS BEEN DIAGNOSED BY A PHYSICIAN AS HAVING AN AUTISM
 SPECTRUM DISORDER,  DEVELOPMENTAL  DISABILITY,  ALZHEIMER'S  DISEASE  OR
 OTHER DEMENTIA, OR ANY OTHER COGNITIVE DISORDER;
   (C) "PARTICIPATING CHILD OR ADULT" SHALL MEAN THE CHILD OR ADULT DIAG-
 NOSED   WITH   AUTISM   SPECTRUM   DISORDER,  DEVELOPMENTAL  DISABILITY,
 ALZHEIMER'S DISEASE OR OTHER DEMENTIA, OR OTHER COGNITIVE  DISORDER  WHO
 IS ENROLLED IN THE ELECTRONIC MONITORING PROGRAM AND WEARS AN ELECTRONIC
 MONITORING DEVICE; AND
   (D)  "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 A PARTICIPATING CHILD OR ADULT.
   2. (A) THE DIVISION, IN CONSULTATION WITH THE OFFICE FOR  PEOPLE  WITH
 DEVELOPMENTAL DISABILITIES AND THE OFFICE FOR THE AGING, SHALL ESTABLISH
 A PROGRAM FOR LOCAL LAW ENFORCEMENT AGENCIES TO PROVIDE ELECTRONIC MONI-
 TORING  DEVICES  TO AN ELIGIBLE APPLICANT TO BE WORN BY SUCH APPLICANT'S
 PARTICIPATING CHILD OR ADULT FOR THE PURPOSE OF GEOGRAPHICALLY  LOCATING
 SUCH  CHILD  OR  ADULT  UPON  CIRCUMSTANCES  WHERE THE CHILD OR ADULT IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01469-01-5
              

 A. 1129                             2
 
 UNABLE TO BE ACCOUNTED FOR. THE PROGRAM SHALL FACILITATE THE SAFE RECOV-
 ERY OF PARTICIPATING CHILDREN OR ADULTS WHO ARE MISSING OR ABDUCTED.
   (B) THE DIVISION SHALL TRAIN LOCAL LAW ENFORCEMENT AGENCIES ON THE USE
 OF ELECTRONIC MONITORING DEVICES.
   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 SUCH APPLI-
 CANT'S LOCAL LAW ENFORCEMENT AGENCY TO BE GRANTED ACCESS TO THE PROGRAM;
   (B) UPON APPROVAL OF THE APPLICATION, AN ELIGIBLE APPLICANT  SHALL  BE
 ISSUED  AN  ELECTRONIC MONITORING DEVICE THAT MAY BE WORN BY SUCH APPLI-
 CANT'S PARTICIPATING CHILD OR ADULT;
   (C) IF A PARTICIPATING CHILD OR ADULT IS MISSING A CAREGIVER,  PARENT,
 OR  LEGAL GUARDIAN SHALL ALERT THE LOCAL LAW ENFORCEMENT AGENCY AND SUCH
 LAW ENFORCEMENT AGENCY SHALL ATTEMPT TO LOCATE THE  PARTICIPATING  CHILD
 OR ADULT USING THE ELECTRONIC MONITORING DEVICE; AND
   (D)  ALL  APPLICANT  INFORMATION PROVIDED BY THE ELIGIBLE APPLICANT TO
 THE LOCAL LAW ENFORCEMENT AGENCY SHALL REMAIN CONFIDENTIAL  AND  NOT  BE
 DIVULGED  BY THE LAW ENFORCEMENT AGENCY EXCEPT IN CASES WHERE THE ELIGI-
 BLE  APPLICANT  SIGNS  A  SEPARATE  CONSENT  FORM  PROVIDING  THAT   ANY
 PERSONALLY  IDENTIFIABLE INFORMATION ON THE PARTICIPATING CHILD OR ADULT
 MAY ONLY BE RELEASED IN THE EVENT THAT LAW ENFORCEMENT ACTION IS  SOUGHT
 TO LOCATE A MISSING PARTICIPATING CHILD OR ADULT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.