Bill > S3173

Introduced Session

This bill provides certain requirements in association with the use of electronic monitoring devices (EMDs) at group homes for individuals with developmental disabilities who are eligible to receive Individuals Supports Services - Tier C and Beyond provided by the Division of Developmental Disabilities (DDD) in the Department of Human Services (DHS). An "EMD" is a camera or other electronic device that uses video, but not audio, recording capabilities to monitor the activities taking place in the area where the device is installed. Specifically, the bill would allow group home residents or their authorized representatives to decide whether to allow for the installation and use of EMDs in the common areas of the group homes. The bill would require group homes, as defined in the bill, to install EMDs in the common areas, upon the agreement, request, and uniform consent of all residents. The DDD would be authorized to impose any additional consent, consent declination, or withdrawal of consent requirements as necessary. The bill includes a provision that grandfathers-in and exempts from the bill's provisions group homes that have already installed, and are utilizing, EMDs as of the bill's effective date. If a group home's common areas do not contain EMDs on the bill's effective date, the licensee will be required to comply with the bill when installing new EMDs in unmonitored areas. Any recordings produced by an EMD in a group home's common areas and any consent forms, consent declination forms, withdrawal of consent, and notice of intent forms submitted under the bill are to be retained by the group home for a period of time to be determined by the DDD. Within 180 days after the bill's effective date, each group home will be required to develop and submit to the division a written internal policy specifying the procedures and protocols that are to be used by program staff when installing and utilizing EMDs. Any residential program that fails to comply with the bill's requirements will be subject to a financial penalty and an appropriate administrative penalty, in an amount to be determined by the DHS. The Commissioner of Human Services, in consultation with the assistant commissioner of the DDD, is to annually report to the Governor and Legislature on the implementation of the bill's provisions. The bill further requires the DDD, within five years of the bill's effective date, to provide the Governor and Legislature with a written report that identifies best practices for, and provides recommendations regarding the implementation of new legislation, policies, protocols, and procedures related to, the use of EMDs in group homes.

AI Summary

Committee Categories

Kristin Corrado (R)*,  John McKeon (D)*,  Patrick Diegnan (D), 

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 05/09/2024)

Official Document