HOUSE BILL 250
56th legislature - STATE OF NEW MEXICO - second session, 2024
INTRODUCED BY
John Block
AN ACT
RELATING TO DISABILITIES; PROVIDING FOR THE INSTALLATION OF ELECTRONIC MONITORING DEVICES IN FACILITIES THAT HOUSE ADULTS WITH DEVELOPMENTAL DISABILITIES; PROVIDING FOR RULEMAKING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] DEFINITIONS.--As used in Sections 1 through 3 of this 2024 act:
A. "common area" means an area in a group home that is commonly and communally accessible to all residents, except the interior of bedrooms and bathrooms. "Common area" includes living areas, dining areas, entrances, hallways, outdoor areas and stairwells;
B. "community agency" means any nonprofit or for-profit corporation, tribal organization, unit of local government or other organization that supervises, operates or owns a group home and has entered into a contract with the department for the purpose of providing developmental disabilities services;
C. "department" means the department of health;
D. "electronic monitoring device" means a camera or other electronic device that uses both audio and video recording capabilities to monitor the activities taking place in the area where the device is installed;
E. "group home" means a residential facility supervised, owned or operated by a community agency that is licensed or approved by the department to provide living arrangements for multiple adults with developmental disabilities;
F. "guardian" means a judicially appointed guardian or conservator having authority to make decisions related to a resident's health care and living arrangements; and
G. "resident" means an adult with developmental disabilities living in a group home.
SECTION 2. [NEW MATERIAL] ELECTRONIC MONITORING DEVICES IN GROUP HOMES.--
A. A resident or the guardian of a resident may request that a community agency install electronic monitoring devices in a common area of a group home. A resident or guardian of a resident that desires to have an electronic monitoring device installed shall submit to the community agency a signed form, developed by the department, formally requesting and giving the resident's express consent for the installation and use of one or more electronic monitoring devices in a common area.
B. A community agency that receives a formal request for the installation of an electronic monitoring device in a common area of a group home supervised, owned or operated by the agency shall, as soon as practicable, notify each resident or guardian of a resident living in the group home of the request. The notice provided by a community agency shall not disclose the identity of the resident that made the request and shall not provide any information that would tend to identify the resident that made the request. The community agency shall include with the notice a form developed by the department that allows each resident the opportunity to consent or decline consent to the installation of electronic monitoring devices in a common area of a group home. If a resident or the guardian of a resident declines to consent to the installation of an electronic monitoring device in a common area, the community agency shall provide the resident an opportunity to transfer to a different group home. If a resident that declines to consent to the installation of an electronic monitoring device also declines the opportunity to transfer to a different group home, the community agency shall not install an electronic monitoring device in a common area of the group home.
C. A community agency that obtains consent to install an electronic monitoring device in a common area from every resident or guardian of a resident living in a group home shall install at least one electronic monitoring device in a common area of the group home. All costs associated with the installation and maintenance of an electronic monitoring device shall be borne by the community agency.
D. A community agency that installs an electronic monitoring device in a common area of a group home shall ensure that a prominent written notice is posted on the door of the group home's front entrance to inform visitors that they will be subject to electronic video recording while inside the group home.
E. A resident or the guardian of a resident living in a group home that has an electronic monitoring device installed in a common area shall have the right to access and review any recording that is produced by the device. A community agency shall provide timely access to a resident or guardian of a resident that requests to review a recording produced by an electronic monitoring device.
F. A community agency that installs an electronic monitoring device in a group home shall maintain the confidentiality of recordings produced by the device and shall not disclose a recording to a person who is not authorized to access or review the recording. Nothing in this section shall be construed to limit a community agency from disclosing a recording produced by an electronic monitoring device to a state or local law enforcement agency or to any other person or entity that is authorized by law to investigate or prosecute incidents of abuse, neglect, exploitation or improper care or treatment.
SECTION 3. [NEW MATERIAL] RULEMAKING REQUIRED.--
A. The department shall promulgate rules for the installation of electronic monitoring devices in group homes that, at a minimum, shall address:
(1) the required procedures and protocols for obtaining consent from residents and the guardians of residents to install electronic monitoring devices in group homes; and
(2) the requirements for electronic monitoring devices, including:
(a) the minimum technological requirements for electronic monitoring devices; and
(b) the proper installation and positioning of electronic monitoring devices.
B. The department shall develop forms that residents and guardians of residents may use to request the installation of electronic monitoring devices in common areas of group homes and forms that allow residents to consent or decline consent to the installation of electronic monitoring devices in common areas of group homes. The department shall provide the forms to each community agency and make the forms available on the department's website.
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