Bill Text: NJ A2890 | 2014-2015 | Regular Session | Introduced
Bill Title: Establishes voluntary program to provide caregivers of children diagnosed with autism and other developmental disabilities with GPS tracking devices; designated as "Avonte's Law."
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2014-03-10 - Introduced, Referred to Assembly Women and Children Committee [A2890 Detail]
Download: New_Jersey-2014-A2890-Introduced.html
Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
SYNOPSIS
Establishes voluntary program to provide caregivers of children diagnosed with autism and other developmental disabilities with GPS tracking devices; designated as "Avonte's Law."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning missing persons, supplementing Title 26 of the Revised Statutes, and amending P.L.2008, c.80.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The Attorney General, in consultation with the Commissioner of Health, shall establish a program to provide for the satellite-based monitoring of children diagnosed with an autism spectrum disorder or another developmental disability. The program shall facilitate the safe recovery of children diagnosed with autism spectrum disorder or another developmental disability who are missing or abducted.
b. Participation in the program shall be voluntary in nature and shall involve the following:
(1) The parent, guardian, or designated caretaker of a child diagnosed with autism spectrum disorder or another developmental disability may file an application with the Department of Health requesting to be included in the program.
(2) Upon filing the application, the parent, guardian, or designated caretaker shall be issued an electronic monitoring device that may be worn by the child diagnosed with autism spectrum disorder or another developmental disability, and a receiver that may be used to track the physical location of the child.
(3) If a child diagnosed with autism spectrum disorder or another developmental disability is missing or abducted, the parent, guardian, or designated caretaker of the child may coordinate with the appropriate law enforcement agency and inform the agency of the location of child using the electronic monitoring device and receiver.
c. The electronic monitoring device and receiver issued pursuant to subsection b. of this section shall provide for the capability of active monitoring which, at a minimum, shall provide:
(1) continuous tracking of the geographic location of children diagnosed with autism spectrum disorder or another developmental disability using a global positioning system based on satellite and other location technology; and
(2) an automated monitoring system that can be used by the appropriate law enforcement agency, at the request of the parent, guardian, or designated caretaker to find the geographic position of the child diagnosed with an autism spectrum disorder or another developmental disability.
d. Except when voluntarily
made available by a parent, guardian, or designated caretaker for the purposes
of locating a
child diagnosed with autism spectrum disorder or another developmental
disability, information pertaining to the identity of the child shall not be
divulged or made public by the Department of Health, and information of that
child's inclusion in the program established pursuant to this act shall not be
included under materials available for public inspections pursuant to P.L.1963,
c.73 (C.47:1A-1 et seq.) as amended and supplemented.
e. For the purposes of this act, "child" means any person under 18 years of age.
2. Section 4 of P.L.2008, c.80 (C.52:17B-71.9) is amended to read as follows:
4. a. The Police Training Commission in the Department of Law and Public Safety shall adopt a training course regarding the risks associated with autism or an intellectual or other developmental disability and appropriate recognition and response techniques concerning these disabilities based on the curriculum developed by the Departments of Health [and Senior Services] and Human Services pursuant to subsection a. of section 2 of P.L.2008, c.80 (C.26:2-190). The training course shall be administered by the employing agency as part of the in-service training provided to each local police officer in each law enforcement unit operating in this State. The curriculum for the training course shall include, but not be limited to, appropriate information pertaining to the utilization of a satellite-based monitoring device to determine the location of a child diagnosed with autism or an intellectual or other developmental disability in accordance with section 1 of P.L. , c. (C. )(pending before the Legislature as this bill).
b. Prior to being appointed to permanent status as a local police officer in a law enforcement unit, an individual shall be required to complete the training course adopted under subsection a. of this section. Every local police officer appointed prior to the effective date of this act shall, within 36 months of the effective date of this act, satisfactorily complete a training course in recognition and response techniques concerning these disabilities.
c. The Police Training Commission shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.
(cf: P.L.2008, c.80, s.4)
3. This act shall take effect on the first day of the seventh month following enactment.
STATEMENT
This bill, designated as Avonte's Law, requires the Attorney General, in consultation with the Commissioner of Health, to establish a voluntary program to issue global position system (GPS) monitoring devices for children diagnosed with autism spectrum disorder (ASD) and other children with developmental disabilities that put them at risk of fleeing their caregiver, or being abducted. The purpose of the program is to facilitate the safe recovery of children diagnosed with ASD or another developmental disability who may go missing or be abducted.
Under the program, a parent, guardian, or designated caretaker of a child diagnosed with ASD or another developmental disability may file an application with the Department of Health requesting to be included in the program. Upon filing the application, the parent, guardian, or designated caretaker is to 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. If a child diagnosed with ASD or another developmental disability is missing or abducted, the parent, guardian, or designated caretaker may coordinate with the appropriate law enforcement agency and inform the agency of the location of the diagnosed person using the electronic monitoring device and receiver.
The bill provides that any information pertaining to the identity of a child diagnosed with ASD or another developmental disorder is not to be made public by the Department of Health, and information of a child's inclusion in the program would not be made available under the Open Public Records Act.
The bill also requires the Police Training Commission in the Department of Law and Public Safety to include in its course curriculum appropriate information pertaining to the utilization of a satellite-based monitoring device to determine the location of a child diagnosed with autism or an intellectual or other developmental disability. The bill defines "child" as a person who is under 18 years of age.
This bill is designated as Avonte's Law, to honor the memory of Avonte Oquendo, a 14 year old boy diagnosed with autism whose death occurred after he went missing from school.
