S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6071--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 8, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ABINANTI, ZINERMAN, DARLING -- read once and
   referred to the Committee on People with Disabilities  --  recommitted
   to the Committee on People with Disabilities in accordance with Assem-
   bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the  mental  hygiene  law  and  the  executive  law,  in
   relation to establishing an electronic monitoring program for children
   diagnosed with developmental disabilities
 
   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
 13.44 to read as follows:
 § 13.44 ELECTRONIC  MONITORING FOR CHILDREN WITH DEVELOPMENTAL DISABILI-
           TIES.
   1. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "ELIGIBLE APPLICANT" SHALL MEAN A DESIGNATED PARENT,  GRANDPARENT,
 ADULT  SIBLING,  OR  OTHERWISE QUALIFIED PERSON AS DEFINED UNDER SECTION
 33.16 OF THIS CHAPTER, OF A CHILD WHO HAS BEEN DIAGNOSED BY A  PHYSICIAN
 AS  AN  INDIVIDUAL WITH A DEVELOPMENTAL DISABILITY AS DEFINED BY SECTION
 1.03 OF THIS CHAPTER.
   (B) "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 ELIGIBLE  APPLI-
 CANT.
   2.  THE  COMMISSIONER,  IN  CONSULTATION  WITH THE COMMISSIONER OF THE
 DIVISION OF CRIMINAL  JUSTICE  SERVICES,  SHALL  ESTABLISH  A  VOLUNTARY
 PROGRAM  TO  PROVIDE ELECTRONIC MONITORING DEVICES TO AN ELIGIBLE APPLI-
 CANT FOR THE PURPOSE OF BEING ABLE TO GEOGRAPHICALLY LOCATE A CHILD UPON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01443-02-2
              

 A. 6071--A                          2
 
 CIRCUMSTANCES WHERE THE CHILD IS LOST, MISSING OR OTHERWISE UNABLE TO BE
 ACCOUNTED FOR.
   3. (A) UPON THE REQUEST OF AN ELIGIBLE APPLICANT, THE NONPROFIT ORGAN-
 IZATION  OR LOCAL GOVERNMENTAL UNIT SHALL ISSUE SUCH ELECTRONIC MONITOR-
 ING DEVICE IN ACCORDANCE WITH  ELIGIBILITY  AND  DOCUMENTATION  CRITERIA
 ESTABLISHED  BY THE OFFICE FOR A FEE TO BE DETERMINED BY THE COMMISSION-
 ER. AT A MINIMUM, SUCH  ELIGIBILITY  AND  DOCUMENTATION  CRITERIA  SHALL
 REQUIRE  THE  ACTIVE  INVOLVEMENT  OF  THE CHILD WHEN SUCH CHILD HAS THE
 CAPACITY TO MAKE AN INFORMED DECISION, FOR THE  PURPOSE  OF  DETERMINING
 THE  CHILD'S  WILLINGNESS TO PARTICIPATE IN THE VOLUNTARY PROGRAM ESTAB-
 LISHED UNDER THIS SECTION.
   (B) IF A CHILD IS LOST, MISSING OR OTHERWISE UNABLE  TO  BE  ACCOUNTED
 FOR,  AN  ELIGIBLE  APPLICANT  MAY  COORDINATE  WITH THE APPROPRIATE LAW
 ENFORCEMENT AGENCY AND INFORM THE AGENCY OF THE LOCATION  OF  THE  CHILD
 USING THE ELECTRONIC MONITORING DEVICE AND RECEIVER.
   (C)  ALL APPLICANT INFORMATION PROVIDED BY THE PARENT TO THE OFFICE OR
 THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REMAIN CONFIDENTIAL  AND
 NOT  BE  DIVULGED  BY  THE  OFFICE  OR  THE DIVISION OF CRIMINAL JUSTICE
 SERVICES EXCEPT IN CASES WHERE THE ELIGIBLE APPLICANT SIGNS  A  SEPARATE
 CONSENT  FORM  PROVIDING THAT ANY PERSONALLY IDENTIFIABLE INFORMATION ON
 THE CHILD MAY ONLY BE RELEASED IN THE EVENT THAT AN  ELIGIBLE  APPLICANT
 SEEKS  LAW  ENFORCEMENT  ACTION  TO  FIND THE LOCATION OF A CHILD WHO IS
 LOST, MISSING OR OTHERWISE UNABLE TO BE ACCOUNTED FOR.
   4. TO THE EXTENT PRACTICABLE, THE  COMMISSIONER  SHALL  UTILIZE  LOCAL
 GOVERNMENTAL  UNITS  OR  NONPROFIT ORGANIZATIONS WHICH CURRENTLY PROVIDE
 ELECTRONIC  MONITORING  DEVICES  FOR  THE  PURPOSES  OF  BEING  ABLE  TO
 GEOGRAPHICALLY  TRACK  CHILDREN  WHO HAVE AN DEVELOPMENTAL DISABILITY AS
 DEFINED IN SECTION 1.03 OF THIS CHAPTER.
   § 2. Section 837 of the executive law  is  amended  by  adding  a  new
 subdivision 23 to read as follows:
   23.  THE  DIVISION,  IN  COOPERATION  WITH  THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL  DISABILITIES,  SHALL  PROVIDE  RECOMMENDATIONS   TO   LAW
 ENFORCEMENT  AGENCIES  REGARDING THE RISKS ASSOCIATED WITH DEVELOPMENTAL
 DISABILITIES AS DEFINED IN SECTION 1.03 OF THE MENTAL  HYGIENE  LAW  AND
 APPROPRIATE  RESPONSE TECHNIQUES CONCERNING SUCH DISABILITIES. RECOMMEN-
 DATIONS SHALL INCLUDE INFORMATION PERTAINING TO THE UTILIZATION OF ELEC-
 TRONIC MONITORING DEVICES TO DETERMINE THE LOCATION  OF  CHILDREN  DIAG-
 NOSED WITH DEVELOPMENTAL DISABILITIES.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.