Bill Text: NY A00156 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to establishing an electronic monitoring program for certain children and adults; establishes a program where local law enforcement agencies shall provide electronic monitoring devices to parents or guardians to be worn by children or adults with autism spectrum disorder, developmental disability, Alzheimer's disease or other dementia, or any other cognitive disorder; provides such devices shall be used by law enforcement agencies to locate missing children or adults.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to governmental operations [A00156 Detail]
Download: New_York-2023-A00156-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 156 2023-2024 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2023 ___________ 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: 1 Section 1. The executive law is amended by adding a new section 837-x 2 to read as follows: 3 § 837-x. Electronic monitoring program for certain children and 4 adults. 1. For the purposes of this section, the following terms shall 5 have the following meanings: 6 (a) "child" shall mean a person under the age of eighteen years; 7 (b) "eligible applicant" shall mean the parent or legal guardian of a 8 child or adult who has been diagnosed by a physician as having an autism 9 spectrum disorder, developmental disability, Alzheimer's disease or 10 other dementia, or any other cognitive disorder; 11 (c) "participating child or adult" shall mean the child or adult diag- 12 nosed with autism spectrum disorder, developmental disability, 13 Alzheimer's disease or other dementia, or other cognitive disorder who 14 is enrolled in the electronic monitoring program and wears an electronic 15 monitoring device; and 16 (d) "electronic monitoring device" shall mean any radio, global posi- 17 tioning system, cellular device or any other satellite-based monitoring 18 device that can provide continuous tracking of the geographic location 19 of a participating child or adult. 20 2. (a) The division, in consultation with the office for people with 21 developmental disabilities and the office for the aging, shall establish 22 a program for local law enforcement agencies to provide electronic moni- 23 toring devices to an eligible applicant to be worn by such applicant's 24 participating child or adult for the purpose of geographically locating EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01915-01-3A. 156 2 1 such child or adult upon circumstances where the child or adult is 2 unable to be accounted for. The program shall facilitate the safe recov- 3 ery of participating children or adults who are missing or abducted. 4 (b) The division shall train local law enforcement agencies on the use 5 of electronic monitoring devices. 6 3. The program shall be voluntary and the following procedure shall be 7 used for the administration of the program: 8 (a) an eligible applicant may file an application with his or her 9 local law enforcement agency to be granted access to the program; 10 (b) upon approval of the application, an eligible applicant shall be 11 issued an electronic monitoring device that may be worn by his or her 12 participating child or adult; 13 (c) if a participating child or adult is missing a caregiver, parent, 14 or legal guardian shall alert the local law enforcement agency and such 15 law enforcement agency shall attempt to locate the participating child 16 or adult using the electronic monitoring device; and 17 (d) all applicant information provided by the eligible applicant to 18 the local law enforcement agency shall remain confidential and not be 19 divulged by the law enforcement agency except in cases where the eligi- 20 ble applicant signs a separate consent form providing that any 21 personally identifiable information on the participating child or adult 22 may only be released in the event that law enforcement action is sought 23 to locate a missing participating child or adult. 24 § 2. This act shall take effect on the ninetieth day after it shall 25 have become a law. Effective immediately, the addition, amendment and/or 26 repeal of any rule or regulation necessary for the implementation of 27 this act on its effective date are authorized to be made and completed 28 on or before such effective date.
