Bill Text: CA SB38 | 2009-2010 | Regular Session | Amended

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Bill Title: Emergency services: seniors.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2009-08-27 - Set, second hearing. Held in committee and under submission. [SB38 Detail]

Download: California-2009-SB38-Amended.html

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BILL NUMBER: SB 38	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 28, 2009

INTRODUCED BY   Senators Alquist  and Correa   ,
Correa,   and Oropeza 
    (   Principal coauthor:   Assembly Member
  John A. Perez   ) 

                        DECEMBER 22, 2008

   An act to add Section 8594.5 to the Government Code, relating to
emergency services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 38, as amended, Alquist. Emergency  Services: Silver
Alert System.   services: seniors. 
   Existing law authorizes use of the federally designated 
emergency alert system   Emergency Alert System  to
inform the public of local, state, and national emergencies.

   This bill would require law enforcement agencies that are informed
of a missing senior person, who is 65 years of age or older, and
that determine the missing person has an impaired mental condition
and there is information available that, if disseminated to the
general public, could assist with the safe recovery of the missing
person, to request, absent extenuating investigative needs,
activation of the emergency alert system within the appropriate local
area. By imposing new duties on local law enforcement agencies, the
bill would create a state-mandated local program.  
   The 
    This  bill would require  , on or before January 1,
2011,  the Department of the California Highway Patrol, in
consultation with the Department of Justice  and
representatives from other organizations   , the
California Emergency Management Agency, the California State
Emergency Communications Committee, the California Broadcasters
Association, the California Peace Officers' Association, the
California Police Chiefs Association, and the California State
Sheriffs' Association,  to develop policies and procedures
providing instruction  specifying how   to 
law enforcement agencies,  broadcasters participating in the
emergency alert system, and any other intermediate emergency
services agencies that may institute activation of the system and,
where appropriate, other supplemental warning systems shall proceed
after a law enforcement agency receives a qualifying report of a
missing senior person   other intermediate emergency
agencies, participating radio and television broadcasters, and other
media outlets on the implementation of a missing senior person alert.
The bill would require the Department of the California Highway
Patrol to incorporate appropriate alert measures in developing t
  hese policies and procedures  . 
   The bill would also require a law enforcement agency, if that
agency receives a report of a missing senior person, and if the
agency determines that the senior person has an impaired mental
condition and that there is information available that, if
disseminated locally to the general public, could assist in the safe
recovery of the senior person, to immediately implement, absent
extenuating investigative needs, the policies and procedures
developed by the Department of the California Highway Patrol for the
implementation of a missing senior person alert to the maximum extent
feasible. The bill would require the law enforcement agency, if the
department has not yet developed those policies and procedures, to
immediately undertake specified or other appropriate alert measures
to locally disseminate the information that could assist in the safe
recovery of the missing senior person. By imposing additional duties
on local law enforcement agencies, the bill would create a
state-mandated local program.  
   The bill would authorize a law enforcement agency, if the agency
determines that the senior person may be in a vehicle or has been
missing for over 24 hours, to request that the Department of the
California Highway Patrol activate the Emergency Alert System within
the appropriate local or regional area to disseminate the information
that could assist in the safe recovery of the senior person. The
bill would also authorize the department to activate the Emergency
Alert System if it determines that activation is appropriate based on
the available information about the missing senior person. 

   The bill would require the law enforcement agency that initiates
the missing senior person alert to inform the general public within
the appropriate local or regional area of the termination of the
missing senior person alert upon the location of the missing senior
person. By imposing an additional duty on local law enforcement
agencies, the bill would create a state-mandated local program. 

   The bill would provide that the above provisions become operative
upon the state's receipt of federal funding for the purpose of
implementing a missing senior person alert system, as certified to by
the Department of the Highway Patrol. 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature that local law
enforcement agencies continue to employ appropriate alert measures
and other best practices to investigate and locate missing senior
persons until the state receives federal funding for the purpose of
implementing a missing senior person alert system.
   SECTION 1.   SEC. 2.   Section 8594.5 is
added to the Government Code, to read:
   8594.5.  (a)  If a senior person is reported missing to a
law enforcement agency, and the agency determines that the person has
an impaired mental condition and there is information available
that, if disseminated to the general public, could assist in the safe
recovery of the missing person, the agency, through a person
authorized to activate the emergency alert system (47 C.F.R. 11.11
et. seq.), shall, absent extenuating investigative needs, request
activation of system within the appropriate local area. Law
enforcement agencies shall only request activation of the emergency
alert system for a missing senior person if these requirements are
met.  
   The Department of the California Highway Patrol, if requested by a
law enforcement agency, shall activate the system. 

   (b) The Department of the California Highway Patrol, in
consultation with the Department of Justice, as well as a
representative from the California State Sheriffs' Association, the
California Police Chiefs' Association, and the California Peace
Officers' Association, shall develop policies and procedures
providing instruction specifying how law enforcement agencies,
broadcasters participating in the emergency alert system, and any
other intermediate emergency agencies that may institute activation
of the system, and, where appropriate, other supplemental warning
systems, shall proceed after a law enforcement agency receives a
qualifying report of a missing senior person. Those policies and
procedures shall include, but not be limited to, the following:
 
   (1) Procedures for transfer of information regarding the missing
senior person from the law enforcement agency to the broadcasters.
 
   (2) Specification of the event code or codes that should be used
if the emergency alert system is activated to report a missing senior
person.  
   (3) Recommended language for a missing senior person alert.
 
   (4) Specification of information that must be included by the
reporting law enforcement agency, including which agency a person
with information relating to the missing senior person should contact
and how that person should contact the agency.  
   (5) Recommendations on the extent of the geographical area to
which a missing senior person alert should be broadcast. 
    (c)     The Department
of the California Highway Patrol, in consultation with the Department
of Justice, shall review the "Silver Alert Plan" as adopted by other
states for guidance in developing appropriate policies and
procedures for use of the emergency alert system and, where
appropriate, other supplemental warning systems to report a missing
senior person.   On or before January 1, 2011, the
Department of the California Highway Patrol, in consultation with the
Department of Justice, the California Emergency Management Agency,
the California State Emergency Communications Committee, the
California Broadcasters Association, the California Peace Officers'
Association, the California   Police Chiefs Association, and
the California State Sheriffs' Association, shall develop policies
and procedures providing instruction to law enforcement agencies,
other intermediate emergency agencies, participating radio and
television broadcasters, and other media outlets on the
implementation of a missing senior person alert. In developing these
policies and procedures, the Department of the California Highway
Patrol shall incorporate the use of appropriate alert measures. 

   (b) If a law enforcement agency receives a report of a missing
senior person, and the agency determines that the senior person has
an impaired mental condition and there is information available that,
if disseminated locally to the general public, could assist in the
safe recovery of the senior person, the agency shall, absent
extenuating investigative needs, immediately implement the policies
and procedures for the implementation of a missing senior person
alert developed pursuant to subdivision (a) to the maximum extent
feasible. If the Department of the California Highway Patrol has not
yet developed those policies and procedures, the agency shall
immediately undertake appropriate alert measures to locally
disseminate the information that could assist in the safe recovery of
the missing senior person. Appropriate alert measures include, but
are not limited to, all of the following:  
   (1) Neighborhood canvassing and lighting of local digital signs.
 
   (2) Emergency digital tnformation service (EDIS).  
   (3) Critical reach software.  
   (4) Locally focused, cell phone text message alerts.  
   (5) Collaboration with local 211 telephone system service
providers.  
   (6) Reverse 911 interactive community notification system or other
similar system.  
   (c) If the law enforcement agency determines that the senior
person has been missing for over 24 hours or is likely to be in a
vehicle, the agency may request that the Department of the California
Highway Patrol activate the Emergency Alert System within the
appropriate local or regional area to disseminate the information
that could assist in the safe recovery of the senior person. The
department may activate the Emergency Alert System if it determines
that activation is appropriate based on the available information
about the missing senior person.  
   (d) The law enforcement agency that initiates the missing senior
person alert shall inform the general public within the appropriate
local or regional area of the termination of the missing senior
person alert upon the location of the missing senior person. 

   (d) 
    (e)  For the purpose of this section, "senior person"
means any person who is 65 years of age or older. 
   (e) State and local agencies shall use existing state funds or
federal resources in carrying out this section.  
   (f) This section shall become operative upon the state's receipt
of federal funding for the purpose of implementing a missing senior
person alert system, as certified to by the Department of the Highway
Patrol. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.