Assembly Bill A4866

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4866
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by M. of A. HOOPER -- Multi-Sponsored by -- M. of A. ZEBROW-
   SKI -- 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:
   §  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.
                                                            LBD08726-01-7
              

 A. 4866                             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.
   § 2. On or before March 1, 2019, 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.
   § 3. This act shall take effect January 1, 2018, except that:
   a. section one of this act shall expire and be deemed repealed January
 15, 2019; 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.