NY State Senate Bill 2023-S61

Senate Bill S61

2023-2024 Legislative Session

Establishes an electronic monitoring program for children diagnosed with developmental disabilities

download bill text pdf

Current 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 03, 2024	referred to health
Jan 04, 2023	referred to health

2023-S61 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.44, Ment Hyg L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7491
2015-2016: S3288
2017-2018: S1629
2019-2020: S3680
2021-2022: S1211

2023-S61 (ACTIVE) - Summary

Relates to establishing an electronic monitoring program for children diagnosed with developmental disabilities.

2023-S61 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S61

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
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 location devices that can geographically monitor such children.

 
SUMMARY OF PROVISIONS:

This bill would require the Office for People with Developmental Disa-
bilities (OPWDD) in consultation with the Division of Criminal Justice
Services (DCJS) to establish a voluntary electronic location program for
children who have been diagnosed with a developmental disability. The
electronic location program would allow parents and other legal guardi-

ans to receive the geographic location of their child when they are
lost, missing or otherwise unaccounted for and they may provide that
information to law enforcement to help locate the child.

This bill would require DCJS in conjunction with OPWDD to provide recom-
mendations to law enforcement agencies about appropriate response tech-
niques when interacting with individuals with disabilities.

 
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 is ranked by law enforcement to be among the most
difficult to handle largely due to the tactics used by investigators to
find the children; search dogs, sirens, and yelling the child's name are
often frightening for those with autism. There needs to be a tailored
and effective approach for finding children with autism when they are
missing. The current GPS tracking devices that some children with autism
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- their child had passed away.
Avonte, a 14-year-old boy, wandered out of his Queens school in October
of 2013. The family, community, and NYPD conducted an exhaustive search
for months to no avail. Avonte's mother sent a note to his school warn-
ing them of Avonte's tendency to run, as events like this are all too
common to parents of children with autism.

In 2014, Jose Leon left his Yonkers school, and did not get on the bus
to go home. Jose was found at 4:30 AM the next day in Dobbs Ferry. It is
likely he had spent the night of December 10 outside, while temperatures
were almost below freezing. Despite his return to school two days later,
he could have suffered serious injury.


In 2015, a 10-year-old girl in Missouri wandered into single-digit
weather while her mother was sleeping. She was found early in the morn-
ing outside without shoes or socks. The mother told reporters that her
daughter had left the house unattended several times before.

In 2016, Kyle Hoffmaier left his parents' home in Kips Bay, Manhattan
after quarreling with his parents. The New York Post reported that "a
small army- including active and retired firefighters, members of the
Guardian Angels, friends, and family" searched for him. Kyle 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 location
services. Time is a critical factor in safely locating children with
disabilities with a tendency to wander. This bill establishes a volun-
tary program that would provide parents of children with developmental
disabilities with electronic location devices to be worn by their chil-
dren and paired with a receiver given to the parents. If a child with
autism wanders this device will help parents and police locate them in
an efficient and timely fashion.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S1211/A6071 - Died in Health/Died in People with Disabilities

2019-2020: S3680A2833 - Died in Health/Died in People with Disabilities

2017-2018: S1629A/A5398A - Died in Health

2015-2016: S3288A/A1203A - Passed Senate/Died in Health

2013-2014:  S7491/A997-6 - Died in Health

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect one hundred and twenty days after it shall
have become law.

2023-S61 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    61
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 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  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
 CIRCUMSTANCES WHERE THE CHILD IS LOST, MISSING OR OTHERWISE UNABLE TO BE
 ACCOUNTED FOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01524-01-3
 S. 61                               2
 
   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 24 to read as follows:
   24. 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.

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