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REFERENCE TITLE: developmental homes; monitoring |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2117 |
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Introduced by Representatives Barto: Allen J, Bolick, Weninger
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AN ACT
amending title 36, chapter 5.1, article 1, Arizona revised statutes, by adding section 36-568; relating to developmental disabilities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 5.1, article 1, Arizona Revised Statutes, is amended by adding section 36-568, to read:
36-568. Group homes; intermediate care facilities; electronic monitoring; definition
A. A service provider that operates a group home or an intermediate care facility for persons with an intellectual disability may install electronic monitoring devices in common areas of the group home or intermediate care facility. A service provider must establish policies regarding the group home's or intermediate care facility's use of electronic monitoring before an electronic monitoring device is installed that include at a minimum:
1. Consent requirements consistent with section 13‑3019.
2. Public disclosure that an electronic monitoring device is in use on the property.
3. The maintenance and retention schedule of the video.
4. Who may access the video.
5. How confidentiality and privacy are maintained.
6. How often the video is monitored or reviewed by the service provider or the service provider's designee.
B. The service provider shall submit the electronic monitoring policies established pursuant to subsection A of this section to the department before the electronic monitoring device is installed in a group home or intermediate care facility. If a service provider uses an electronic monitoring device, the service provider shall establish policies consistent with subsection A of this section and submit the policies to the department within ninety days after the effective date of this section.
C. For the purposes of this section, "electronic monitoring device":
1. Means a video surveillance camera installed in a common area of a group home or intermediate care facility.
2. Does not include an electronic, mechanical or other device that is specifically used for the nonconsensual interception of wire or electronic communications.