§12623 Standards and best practices for use of non-invasive and non-permanent tracking devices

Summary

Within 180 days after March 23, 2018, the Attorney General must work with the Department of Health and Human Services and experts and advocacy groups to create standards and best practices for using non-invasive, non-permanent tracking devices when a parent or guardian decides such a device is the least restrictive option to find certain people covered by the related grant program. The rules must say who should be considered for a device, who can access the tracking system, which types of devices are allowed, and how to run the system. They must protect privacy so only needed law enforcement and health agencies can see the data and so the data are collected, used, and kept only to prevent injury or death. The rules must also require checking less-restrictive options first, train law enforcement to notice signs of abuse when meeting applicants, protect users’ civil rights (including Fourth Amendment and Title VII rights), set up a complaint and investigation process for misuse or use over someone’s objection, and define the role of state agencies. The standards take effect 90 days after they are published. Any group that gets the grants must follow these rules. The Attorney General, with HHS, will check whether grant recipients comply. The rules apply only to that grant program. Federal agencies may not create a database from the tracking data. A parent or guardian is not required to use a tracking device if they do not think it is necessary or in the person’s best interest.