ARIZONA HOUSE OF REPRESENTATIVES

HB 2117: developmental homes; monitoring

PRIME SPONSOR: Representative Barto, LD 15

BILL STATUS: Caucus & COW

                                Health & Human Services: DPA 9-0-0-0

Overview

Allows for the installation of electronic monitoring devices in common areas of a group home or intermediate care facility (ICF).

History

The Arizona Department of Economic Security (DES) Division of Developmental Disabilities (DDD) link oversees programs and services for individuals with a developmental disability. The mission of DDD is to empower individuals with development disabilities to lead self-directed, healthy and meaningful lives. DDD provides supports and services that help enable individuals with opportunities to exercise their rights and responsibilities of independent decision-making and engagement in the community. DDD serves more than 40,000 people with developmental disabilities and their families throughout Arizona each year.   

Provisions

1. Allows a service provider that operates a group home or an ICF for persons with an intellectual disability to install electronic monitoring devices in common areas of the group home or intermediate care facility. (Sec. 1)

2. Requires a service provider to 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:

a. Consent requirements consistent with A.R.S. § 13-3019 relating to surreptitious photographing, videotaping, filming or digitally recording or viewing;

b. Public disclosure that an electronic monitoring device is in use on the property;

c. The maintenance and retention schedule of the video;

d. Who may access the video;

e. How confidentiality and privacy are maintained; and

f. How often the video is monitored or reviewed by the service provider or the service provider's designee. (Sec. 1)

3. Requires the service provider to submit the electronic monitoring policies to DES before the electronic monitoring device is installed in a group home or intermediate care facility. (Sec. 1)

4. Provides that if the service provider uses an electronic monitoring device, the service provider must establish policies and submit those policies to DES within 90 days after the effective of this section. (Sec. 1)

5. Defines terms. (Sec. 1)

Amendments

Committee on Health and Human Services

1. Requires DES to contract with a third party to set up, at a service provider's option, oversee and monitor electronic monitoring devices installed by the third party in group homes and ICFs. (Sec. 1)

2. Allows a service provider to have the third party install electronic monitoring devices in the common areas of the group home or ICF and in private rooms of the ICF that require temporary barriers to be used when a person is in a state of undress, consistent with rules adopted by DES. (Sec. 1)

3. Requires the director of DES to adopt rules regarding the use of electronic monitoring in group homes or ICFs and outlines minimum requirements. (Sec. 1)

4. States that if a service provider has installed and uses an electronic monitoring device before the effective date, the service provider must establish policies consistent with adopted rules. (Sec. 1)

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Fifty-fourth Legislature                               HB 2117

First Regular Session                    Version 2: Caucus & COW

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