HB 344

Abstract

Creates the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act. Provides that under certain conditions, a resident of a living arrangement certified under the Community-Integrated Living Arrangements Licensure and Certification Act and a resident of a developmental disability facility shall be permitted to use an audio and video surveillance system in his or her room at his or her own expense. Requires the electronic monitoring device to be placed in a conspicuously visible location in the room. Requires the Department of Human Services to establish a program to distribute specified funds each year for the purchase and installation of electronic monitoring devices. Establishes criminal penalties for a person or entity that knowingly hampers, obstructs, tampers with, or destroys an electronic monitoring device. Contains provisions concerning: resident and roommate consent to monitoring; notice of electronic monitoring to the staff and visitors; limitations on the staff's access to recordings; the admissibility of recordings in civil, criminal, and administrative actions; staff reporting; liability; and rulemaking. Makes other changes. Amends the Community-Integrated Living Arrangements Licensure and Certification Act and Mental Health and Developmental Disabilities Code to make conforming changes. Provides that it is a business offense for a person to discriminate or retaliate against a resident for consenting to the electronic monitoring, or to prevent the installation or use of an electronic monitoring device by a resident who has provided specified notice and consent. Makes other changes. Effective January 1, 2020. House Floor Amendment No. 4 Replaces everything after the enacting clause with the provisions of the introduced bill as amended by House Amendment No. 2 and House Amendment No. 3 with the following changes. Removes language allowing specified individuals to consent to authorized electronic monitoring if the resident or the roommate has not affirmatively objected to the monitoring and his or her physician determines that he or she lacks the ability to understand and appreciate the nature and consequences of electronic monitoring. Provides that if a resident chooses to install an electronic monitoring device that uses Internet technology for visual or audio monitoring, that resident is responsible for installing a secure, password-protected network. In provisions amending the Community-Integrated Living Arrangements Licensure and Certification Act and the Mental Health and Developmental Disabilities Code, provides that intentionally retaliating or discriminating against any recipient for consenting to authorized electronic monitoring, or preventing the installation or use of an electronic monitoring device by a recipient under the Act, is a business offense punishable by a fine not to exceed $1,000 (rather than $10,000).