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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A156
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the executive law, in relation to establishing an elec-
tronic monitoring program for certain children and adults
PURPOSE OR GENERAL IDEA OF BILL:
To establish a state wide program using proven technology that allows
individuals wear a discreet bracelet on their wrist, ankle or in their
clothing that when activated allows law enforcement officers to locate
them using a radio frequency unique to each individual. Nationwide,
similar programs have successfully reduced the search for a missing
person from hours and days to minutes without the need for massive
search and rescue efforts.
SUMMARY OF PROVISIONS:
Section 1: Amends the executive law by establishing an electronic moni-
toring program for eligible children and adults.The Division of Criminal
Justice Services, in conjunction with the Office for People with Devel-
opmental Disabilities and the Office for the Aging, will establish a
program for local law enforcement agencies to provide electronic moni-
toring devices to an eligible applicant to be worn by the participating
child or adult for the purpose of geographically locating them when they
are unable to be accounted for. The program shall be voluntary and any
personally identifiable information will be confidential, but may be
used in the event that law enforcement action is sought to locate the
missing person. Section 2: Effective Date.
JUSTIFICATION:
This legislation seeks to create a state wide program designed to help
local law enforcement agencies find missing people who have a tendency
to wander, including people with Autism Spectrum Disorder, Alzheimer's
and other related conditions. The technology is based upon successful
similar programs that already exist, such as Schenectady County's
Project Lifesaver program.Through the program, individuals wear a
discreet bracelet on their wrist, ankle or in their clothing that when
activated allows law enforcement officers to locate them using a radio
frequency unique to each individual. This technology has successfully
reduced the search for a missing person from hours and days to
minutes.It's critical that we invest in this life-saving technology to
protect our most vulnerable citizens. Although we've successfully
launched the program in a number of areas across the state, there are
families affected by autism across the state that do not have access to
it. The next step is to establish a statewide system that makes this
technology available to individuals at risk of wandering and where law
enforcement agencies can use compatible technology with coordinated
training across the state.
PRIOR LEGISLATIVE HISTORY:
2017-18: A10340 - referred to governmental operations
2019-20: A1648 - referred to governmental operations
2021-22: A01468 - referred to governmental operations
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Click here to enter text.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, the amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made and completed on or
before such effective date.
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.
LBD01915-01-3
A. 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.
