S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6150

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced  by M. of A. HOOPER -- Multi-Sponsored by -- M. of A. ALFANO,
  BARRA, JOHN, ZEBROWSKI -- read once and referred to the  Committee  on
  Codes

AN  ACT  to  amend  the social services law, in relation to establishing
  electronic monitoring devices for victims of domestic violence  demon-
  stration  programs  in  Nassau county; and providing for the repeal of
  certain provisions upon the expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The social services law is amended by adding a new section
63 to read as follows:
  S 63. ELECTRONIC MONITORING DEVICES FOR VICTIMS OF DOMESTIC  VIOLENCE;
DEMONSTRATION  PROGRAM. 1. THE SOCIAL SERVICES DISTRICT OF THE COUNTY OF
NASSAU SHALL AUTHORIZE AND IMPLEMENT A PROGRAM WHICH PROVIDES ELECTRONIC
MONITORING DEVICES TO ADULT AND CHILD VICTIMS OF DOMESTIC  VIOLENCE,  AT
NO COST TO SUCH VICTIMS, PURSUANT TO THE PROVISIONS OF THIS SECTION.
  2. FOR THE PURPOSES OF THIS SECTION:
  (A) "ELECTRONIC MONITORING DEVICE" SHALL MEAN A DEVICE ABLE TO BE WORN
BY AN ADULT  OR CHILD, WHICH UPON ACTIVATION THEREOF NOTIFIES SUCH LOCAL
EMERGENCY  PERSONNEL  AS  SHALL  BE  DETERMINED  BY  THE SOCIAL SERVICES
DISTRICT THAT SUCH ADULT OR CHILD  IS  AT  RISK  OF  HARM  OR  HAS  BEEN
INJURED.
  (B)  "VICTIM  OF  DOMESTIC VIOLENCE" SHALL MEAN ANY ADULT OR CHILD WHO
HAS BEEN THE VICTIM OF ANY CRIMINAL OFFENSE COMMITTED BY A MEMBER OF THE
SAME FAMILY OR HOUSEHOLD, AS  DEFINED  IN  SUBDIVISION  ONE  OF  SECTION
530.11 OF THE CRIMINAL PROCEDURE LAW.
  3.  ANY  AND  ALL ELECTRONIC MONITORING DEVICES NECESSARY TO IMPLEMENT
THE PROVISIONS OF THIS SECTION SHALL MEET STANDARDS ESTABLISHED  BY  THE
COMMISSIONER  OF  CHILDREN AND FAMILY SERVICES, AND SHALL BE PROVIDED BY
THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  TO  SUCH  SOCIAL  SERVICES
DISTRICT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08751-01-9
              

A. 6150                             2

  4. THE SOCIAL SERVICES DISTRICT SHALL PROVIDE AN ELECTRONIC MONITORING
DEVICE TO EACH VICTIM OF DOMESTIC VIOLENCE WHICH ANY OFFICER OR EMPLOYEE
OF SUCH DISTRICT REASONABLY BELIEVES MAY COME INTO CONTACT WITH A MEMBER
OF  THE  SAME HOUSEHOLD, AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11
OF  THE  CRIMINAL  PROCEDURE  LAW,  WHO  MAY COMMIT A CRIME AGAINST SUCH
VICTIM.
  5. EACH SUCH SOCIAL SERVICES DISTRICT SHALL COOPERATE AND CONSULT WITH
THE APPROPRIATE LAW ENFORCEMENT, HEALTH CARE AND EMERGENCY-911 PERSONNEL
TO ESTABLISH AND IMPLEMENT PROCEDURES FOR THE RESPONSE TO AND  REPORTING
OF  ACTIVATIONS  OF  ELECTRONIC  MONITORING  DEVICES  PURSUANT  TO  THIS
SECTION.
  6. EACH  SUCH  SOCIAL  SERVICES  DISTRICT  SHALL,  ON  OR  BEFORE  THE
FIFTEENTH  DAY OF APRIL, JULY, OCTOBER AND JANUARY, SUBMIT THE FOLLOWING
INFORMATION ON THE PRECEDING CALENDAR QUARTER TO THE OFFICE OF  CHILDREN
AND FAMILY SERVICES:
  (A) THE NUMBER OF PERSONS PROVIDED WITH ELECTRONIC MONITORING DEVICES;
  (B) THE NUMBER OF ACTIVATIONS OF SUCH ELECTRONIC MONITORING DEVICES;
  (C)  THE  NUMBER  OF  ACTIVATIONS  FOR WHICH THE VICTIM HAD REASONABLE
GROUNDS TO DO SO;
  (D) THE NUMBER OF ACTIVATIONS WHICH WERE GROUNDLESS;
  (E) THE GROUNDS FOR EACH APPROPRIATE ACTIVATION OF AN ELECTRONIC MONI-
TORING DEVICE, AND A BRIEF DESCRIPTION OF THE RESPONSE TO THE ACTIVATION
AND THE CONDITION OF THE VICTIM; AND
  (F) A SUMMARY OF HOW WELL SUCH PROGRAM PROVIDES PROTECTION TO  VICTIMS
OF  DOMESTIC  VIOLENCE,  AND  ANY  RECOMMENDATIONS ON THE IMPLEMENTATION
THEREOF.
  S 2. On or before March 1, 2011, the office  of  children  and  family
services shall issue a report to the governor and the legislature of its
findings  on  the  effectiveness  of  electronic  monitoring  devices in
providing victims of domestic violence with increased protection against
violence. Such report shall summarize the information received  pursuant
to subdivision 6 of section 63 of the social services law. The office of
children  and  family  services  shall  also make recommendations on the
feasibility  of  implementing  the  electronic  monitoring  devices  for
victims of domestic violence program on a statewide basis.
  S 3. This act shall take effect January 1, 2010, except that:
  a. section one of this act shall expire and be deemed repealed January
15, 2011; and
  b.  any  rules  and  regulations,  and  any other actions necessary to
implement the provisions of this act on its effective date  are  author-
ized and directed to be completed on or before such date.