ARIZONA HOUSE OF REPRESENTATIVES

HB 2117: developmental homes; monitoring

PRIME SPONSOR: Representative Barto, LD 15

BILL STATUS: Senate Engrossed

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, oversee and monitor electronic monitoring devices in common areas, including hallways of the group home or intermediate care facility.  (Sec. 1)

2. Permits a service provider to contract with a third party to install, oversee and monitor the electronic monitoring device. (Sec. 1)

3. Requires the director to adopt rules regarding the use of electronic monitoring in group homes or ICF's 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, storage and retention schedule of the electronic record;

d. Who may access the electronic record and under what circumstances;

e. How confidentiality and privacy are maintained;

f. How often the electronic monitoring device is monitored or reviewed by the service provider or the service provider's designee;

g. Ensuring that all staff who have access to the electronic record are properly trained in the facility policies and the protection of client rights; and

h. Ensuring that adherence to the facility policies is monitored and the risks or breaches of the facility policies are promptly addressed.  (Sec. 1)

4. States that the rules adopted may not:

a. Prohibit accessing the electronic record from the service provider, the member or the member's family or guardian unless the electronic record contains evidence of a suspected criminal offense; and

b. Requires a service provider to be financially responsible for purchasing installing, maintaining or monitoring an electronic monitoring device that is not voluntarily installed by the service provider in the group home or ICF.  (Sec. 1)

5. Provides 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 the rules adopted by DES and submit the policies to DES within 90 days after the rules are adopted. (Sec. 1)

6. Defines terms. (Sec. 1)

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Fifty-fourth Legislature                               HB 2117

First Regular Session                    Version 4: Senate Engrossed

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