NY State Senate Bill 2013-S7491

Senate Bill S7491

2013-2014 Legislative Session

Relates to establishing an electronic monitoring program for children diagnosed with an autism spectrum disorder as well as other developmental disabilities

download bill text pdf

Archive: Last 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
May 15, 2014	referred to health

2013-S7491 (ACTIVE) - Details

See Assembly Version of this Bill:: A9976
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2507, Pub Health L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3288, A1203
2017-2018: S1629, A5398
2019-2020: S3680, A2833
2021-2022: S1211, A6071
2023-2024: S61

2013-S7491 (ACTIVE) - Summary

Relates to establishing an electronic monitoring program for children diagnosed with an autism spectrum disorder as well as other developmental disabilities.

2013-S7491 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7491

TITLE OF BILL:  An act to amend the public health law and the executive
law, in relation to establishing an electronic monitoring program for
children diagnosed with an autism spectrum disorder as well as other
developmental disabilities

PURPOSE:  To create a state wide program to provide parents of children
with an autism spectrum disorder or other developmental disabilities
with electronic monitoring devices that can geographically locate such
children

SUMMARY OF PROVISIONS:

Section one amends the public health law through the addition of a new
section 2507 which provides for the adoption of a program to provide
electronic monitoring for children with autism or other developmental
disabilities.

Section two amends the executive law by adding a new subdivision 20 to
section 837 which would provide that the division of criminal justice in
cooperation with the Department of health shall make recommendations to
law enforcement agencies regarding the risks and response techniques
that should be taken into account concerning individuals who have
certain disabilities and the use of electronic monitoring by such indi-
viduals.

JUSTIFICATION:  On January 21st, 2014 the parents of Avonte Oquendo
heard the news that no parents should ever have to hear, that their
child has died.  Avonte, a 14 year old boy wandered out of his Queens
school in October of 2013. The family, community and the NYPD searched
for months and followed leads, some leads indicated that Avonte was seen
riding on the New York City Subway but that lead never fully panned out.
Unfortunately the fact is that events like these are all too common and
the parents of these children know it, it is why Avonte's mother sent a
note to his school warning them of Avonte's tendency to run. Just last
month in Arizona a 16 year old David McArthur who like Avonte is autis-
tic wandered away from school, fortunately David was found safe but we
could find even more wandering children safely if the State adopts a
program that this bill would create. This bill is establishes a volun-
tary program that would provide parents of children with developmental
disabilities to be provided electronic  monitoring devices that can be
worn by the children that is paired with a receiver that the parents can
keep. If a child wanders this device would help the parents and police
to geographically locate the child so that no parent would have to expe-
rience the pain and suffering that unfortunately is felt far too often.

LEGISLATIVE HISTORY:  New bill.

FISCAL IMPLICATIONS:  To be determined.

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

2013-S7491 (ACTIVE) - Bill Text download pdf

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

                                  7491

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law and the executive law, in relation
  to establishing an electronic monitoring program  for  children  diag-
  nosed  with an autism spectrum disorder as well as other developmental
  disabilities

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

  Section  1.  The  public health law is amended by adding a new section
2507 to read as follows:
  S 2507. ELECTRONIC MONITORING FOR CHILDREN WITH DEVELOPMENTAL DISABIL-
ITIES. 1. FOR THE PURPOSES OF THIS SECTION  THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  (A) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF HEALTH;
  (B) "CHILD" SHALL MEAN A PERSON UNDER THE AGE OF EIGHTEEN YEARS;
  (C)  "ELIGIBLE  APPLICANT"  SHALL  MEAN  THE PARENT, LEGAL GUARDIAN OR
CUSTODIAN OF A CHILD WHO HAS BEEN DIAGNOSED BY A PHYSICIAN AS HAVING  AN
AUTISM  SPECTRUM DISORDER AS DETERMINED BY SECTION TWENTY-FIVE HUNDRED-J
OF THIS TITLE OR OTHER DEVELOPMENTAL DISABILITY;
  (D) "AUTHORIZED FAMILY MEMBER" SHALL MEAN A DESIGNATED PARENT,  GRAND-
PARENT, SIBLING OLDER THAN THE AGE OF EIGHTEEN, LEGAL GUARDIAN OR CUSTO-
DIAN  WHO  IS AUTHORIZED TO USE A RECEIVING DEVICE THAT IS ABLE TO TRACK
THE GEOGRAPHIC LOCATION OF AN ELECTRONIC MONITORING DEVICE.  SUCH  INDI-
VIDUALS  SHALL BE LISTED ON THE APPLICATION SUBMITTED TO THE DEPARTMENT;
AND
  (E) "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 AUTHORIZED FAMI-
LY MEMBER.
  2. THE COMMISSIONER SHALL ESTABLISH A PROGRAM  TO  PROVIDE  ELECTRONIC
MONITORING  DEVICES  TO  AN  ELIGIBLE APPLICANT FOR THE PURPOSE OF BEING
ABLE TO GEOGRAPHICALLY LOCATE A CHILD UPON CIRCUMSTANCES WHERE THE CHILD

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

                                                           LBD15152-03-4

S. 7491                             2

IS UNABLE TO BE ACCOUNTED FOR. THE PROGRAM  SHALL  FACILITATE  THE  SAFE
RECOVERY  OF  CHILDREN  DIAGNOSED  WITH  AN  AUTISM SPECTRUM DISORDER OR
ANOTHER DEVELOPMENTAL DISABILITY WHO ARE MISSING OR ABDUCTED.
  3. THE PROGRAM SHALL BE VOLUNTARY AND THE FOLLOWING PROCEDURE SHALL BE
USED FOR THE ADMINISTRATION OF THE PROGRAM:
  (A)  AN ELIGIBLE APPLICANT MAY FILE AN APPLICATION WITH THE DEPARTMENT
TO BE GRANTED ACCESS TO THE PROGRAM;
  (B) UPON FILING THE APPLICATION, AN ELIGIBLE APPLICANT SHALL BE ISSUED
AN ELECTRONIC MONITORING DEVICE THAT MAY BE WORN BY  THE  CHILD,  AND  A
RECEIVER THAT MAY BE USED TO TRACK THE PHYSICAL LOCATION OF THE CHILD;
  (C)  IF  A CHILD IS MISSING AN AUTHORIZED FAMILY MEMBER MAY COORDINATE
WITH THE APPROPRIATE LAW ENFORCEMENT AGENCY AND INFORM THE AGENCY OF THE
LOCATION OF THE CHILD USING THE ELECTRONIC MONITORING DEVICE AND RECEIV-
ER; AND
  (D) ALL APPLICANT INFORMATION PROVIDED BY THE PARENT TO THE DEPARTMENT
SHALL REMAIN CONFIDENTIAL AND NOT BE DIVULGED BY THE  DEPARTMENT  EXCEPT
IN  CASES  WHERE  THE  AUTHORIZED FAMILY MEMBER SIGNS A SEPARATE CONSENT
FORM PROVIDING THAT ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE CHILD
MAY ONLY BE RELEASED IN THE EVENT THAT AN AUTHORIZED FAMILY MEMBER SEEKS
LAW ENFORCEMENT ACTION TO FIND THE LOCATION OF A MISSING CHILD.
  4. TO THE EXTENT POSSIBLE,  THE  COMMISSIONER  SHALL  UTILIZE  MUNICI-
PALITIES  AND  OTHER  ORGANIZATIONS  WHICH  CURRENTLY PROVIDE ELECTRONIC
MONITORING DEVICES FOR THE PURPOSES  OF  BEING  ABLE  TO  GEOGRAPHICALLY
TRACK CHILDREN WHO HAVE AN AUTISM SPECTRUM DISORDER OR OTHER DEVELOPMENT
DISABILITY.
  S  2.  Section  837  of  the  executive law is amended by adding a new
subdivision 20 to read as follows:
  20. THE DIVISION, IN COOPERATION WITH THE DEPARTMENT OF HEALTH,  SHALL
PROVIDE  RECOMMENDATIONS TO LAW ENFORCEMENT AGENCIES REGARDING THE RISKS
ASSOCIATED WITH AUTISM OR OTHER DEVELOPMENTAL DISABILITIES AND APPROPRI-
ATE RESPONSE TECHNIQUES CONCERNING  SUCH  DISABILITIES.  RECOMMENDATIONS
SHALL  INCLUDE  INFORMATION  PERTAINING TO THE UTILIZATION OF ELECTRONIC
MONITORING DEVICES TO DETERMINE THE LOCATION OF CHILDREN DIAGNOSED  WITH
AUTISM OR OTHER DEVELOPMENTAL DISABILITIES.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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