Bill Text: NY S03293 | 2011-2012 | General Assembly | Introduced

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Bill Title: Creates the missing vulnerable adults clearinghouse; provides for plan and implementation programs to ensure the most effective use of federal, state, and local resources in the investigation of missing vulnerable adults; disseminates a directory of resources to assist in locating missing vulnerable adults; provides for cooperation with the department of health, office of mental health, office for people with developmental disabilities, office for the aging, and other public and private organizations to develop education and prevention programs concerning the safety of vulnerable adults; provides assistance to federal, state and local agencies in the investigation of cases involving missing vulnerable adults; utilizes available resources to duplicate photographs and posters of vulnerable adults reported as missing by police and disseminates this information throughout the state; provides assistance in returning missing vulnerable adults who are located out of state; develops a curriculum for the training of law enforcement personnel investigating cases involving missing vulnerable adults, including recognition and management of vulnerable adults; operates a toll-free twenty-four hour hotline for the public to use to relay information concerning missing vulnerable adults; maintains and makes available to appropriate state and local law enforcement agencies information concerning technological advances that may assist in facilitating the recovery of missing vulnerable adults; takes such other steps as necessary to assist in education, prevention, service provision, and investigation of cases involving missing vulnerable adults.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2011-06-16 - SUBSTITUTED BY A676B [S03293 Detail]

Download: New_York-2011-S03293-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3293
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 15, 2011
                                      ___________
       Introduced  by  Sens.  DeFRANCISCO,  VALESKY  --  read twice and ordered
         printed, and when printed to be committed to the Committee on Finance
       AN ACT to amend the executive law, in relation to creating  the  missing
         vulnerable adults clearinghouse
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new section 837-ff
    2  to read as follows:
    3    S 837-FF. MISSING VULNERABLE ADULTS  CLEARINGHOUSE.  THERE  IS  HEREBY
    4  ESTABLISHED  WITHIN  THE  DIVISION A MISSING VULNERABLE ADULTS CLEARING-
    5  HOUSE TO PROVIDE A COMPREHENSIVE AND COORDINATED APPROACH TO THE PROBLEM
    6  OF MISSING VULNERABLE ADULTS.
    7    1. FOR PURPOSES OF THIS SECTION:
    8    (A) "VULNERABLE ADULT" SHALL MEAN AN INDIVIDUAL EIGHTEEN YEARS OF  AGE
    9  OR  OLDER  WHO  HAS BEEN DIAGNOSED BY A PHYSICIAN AS BEING VULNERABLE OR
   10  WHO HAS BEEN DESCRIBED  AS  VULNERABLE  BY  THE  INDIVIDUAL  MAKING  THE
   11  REPORT.
   12    (B)  "VULNERABLE"  SHALL  DESCRIBE A PERSON WITH ANY COGNITIVE IMPAIR-
   13  MENT, MENTAL DISABILITY, OR BRAIN DISORDER.
   14    (C) "MISSING VULNERABLE ADULT ALERT" SHALL MEAN A  METHOD  TO  DISSEM-
   15  INATE  INFORMATION  REGARDING  A MISSING VULNERABLE ADULT TO THE GENERAL
   16  PUBLIC. SUCH ALERTS SHALL PROVIDE NO MEDICAL INFORMATION AND IN  NO  WAY
   17  INDICATE  THAT  THE  MISSING  PERSON  IS VULNERABLE. FOR THE PURPOSES OF
   18  NOTIFICATIONS TO THE PUBLIC PURSUANT TO SUBDIVISION TWO OF THIS SECTION,
   19  THE ALERT SHALL BE TITLED "GOLD ALERT".
   20    2. THE COMMISSIONER SHALL BE AUTHORIZED TO:
   21    (A) PLAN AND IMPLEMENT PROGRAMS TO ENSURE THE MOST  EFFECTIVE  USE  OF
   22  FEDERAL,  STATE,  AND  LOCAL  RESOURCES  IN THE INVESTIGATION OF MISSING
   23  VULNERABLE ADULTS;
   24    (B) DISSEMINATE A DIRECTORY OF RESOURCES TO ASSIST IN LOCATING MISSING
   25  VULNERABLE ADULTS;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03273-01-1
       S. 3293                             2
    1    (C) COOPERATE WITH THE DEPARTMENT OF HEALTH, OFFICE OF MENTAL  HEALTH,
    2  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR THE AGING,
    3  AND  OTHER  PUBLIC  AND  PRIVATE  ORGANIZATIONS TO DEVELOP EDUCATION AND
    4  PREVENTION PROGRAMS CONCERNING THE SAFETY OF VULNERABLE ADULTS;
    5    (D)  ASSIST FEDERAL, STATE, AND LOCAL AGENCIES IN THE INVESTIGATION OF
    6  CASES INVOLVING MISSING VULNERABLE ADULTS;
    7    (E) UTILIZE AVAILABLE RESOURCES TO DUPLICATE PHOTOGRAPHS  AND  POSTERS
    8  OF  VULNERABLE ADULTS REPORTED AS MISSING BY POLICE AND DISSEMINATE THIS
    9  INFORMATION THROUGHOUT THE STATE PROVIDING SUCH  POSTERS  INDICATE  ONLY
   10  THAT THE ADULT IS MISSING WITH NO MENTION OF VULNERABILITY;
   11    (F)  PROVIDE ASSISTANCE IN RETURNING MISSING VULNERABLE ADULTS WHO ARE
   12  LOCATED OUT OF STATE;
   13    (G) DEVELOP A CURRICULUM FOR THE TRAINING OF LAW ENFORCEMENT PERSONNEL
   14  INVESTIGATING  CASES  INVOLVING  MISSING  VULNERABLE  ADULTS,  INCLUDING
   15  RECOGNITION AND MANAGEMENT OF VULNERABLE ADULTS;
   16    (H) OPERATE A TOLL-FREE TWENTY-FOUR HOUR HOTLINE FOR THE PUBLIC TO USE
   17  TO RELAY INFORMATION CONCERNING MISSING VULNERABLE ADULTS;
   18    (I)  MAINTAIN  AND  MAKE  AVAILABLE TO APPROPRIATE STATE AND LOCAL LAW
   19  ENFORCEMENT AGENCIES INFORMATION CONCERNING TECHNOLOGICAL ADVANCES  THAT
   20  MAY ASSIST IN FACILITATING THE RECOVERY OF MISSING VULNERABLE ADULTS;
   21    (J)  TAKE  SUCH  OTHER  STEPS  AS  NECESSARY  TO  ASSIST IN EDUCATION,
   22  PREVENTION, SERVICE PROVISION,  AND  INVESTIGATION  OF  CASES  INVOLVING
   23  MISSING VULNERABLE ADULTS;
   24    (K)  (1)  IN  CONSULTATION WITH THE DIVISION OF STATE POLICE AND OTHER
   25  APPROPRIATE AGENCIES, DEVELOP, REGULARLY UPDATE,  AND  DISTRIBUTE  MODEL
   26  MISSING  VULNERABLE  ADULT  PROMPT RESPONSE AND NOTIFICATION PLANS. SUCH
   27  PLANS SHALL BE AVAILABLE FOR USE BY LOCAL COMMUNITIES AND  LAW  ENFORCE-
   28  MENT PERSONNEL AND SHALL INVOLVE A PRO-ACTIVE, COORDINATED RESPONSE THAT
   29  MAY BE PROMPTLY TRIGGERED BY LAW ENFORCEMENT PERSONNEL UPON CONFIRMATION
   30  BY  A  POLICE  OFFICER, PEACE OFFICER, OR POLICE AGENCY OF A REPORT OF A
   31  MISSING VULNERABLE ADULT AS DEFINED IN SUBDIVISION ONE OF THIS SECTION.
   32    (2) SUCH PLANS SHALL, AT A MINIMUM, PROVIDE THAT: (A) THE NAME OF  THE
   33  MISSING  VULNERABLE  ADULT, A DESCRIPTION OF THE MISSING INDIVIDUAL, AND
   34  OTHER PERTINENT INFORMATION MAY BE PROMPTLY DISPATCHED OVER  THE  POLICE
   35  COMMUNICATION  SYSTEM  PURSUANT  TO  SUBDIVISION  THREE  OF  SECTION TWO
   36  HUNDRED TWENTY-ONE OF THIS CHAPTER; (B) SUCH INFORMATION  MAY  BE  IMME-
   37  DIATELY  PROVIDED, IN SUCH A MANNER AS TO ENSURE THAT IT IS NOT REVEALED
   38  TO THE PUBLIC THAT THE MISSING PERSON IS VULNERABLE, (I)  ORALLY,  ELEC-
   39  TRONICALLY,  OR  BY FACSIMILE TRANSMISSION TO ONE OR MORE RADIO STATIONS
   40  AND OTHER BROADCAST MEDIA OUTLETS SERVING THE COMMUNITY  INCLUDING,  BUT
   41  NOT LIMITED TO, THOSE WHO HAVE VOLUNTARILY AGREED IN ADVANCE TO PROMPTLY
   42  NOTIFY  OTHER  SUCH  RADIO  STATIONS AND BROADCAST MEDIA OUTLETS IN LIKE
   43  MANNER AND (II) BY ELECTRONIC MAIL  MESSAGE  TO  ONE  OR  MORE  INTERNET
   44  SERVICE  PROVIDERS  AND  COMMERCIAL MOBILE SERVICE PROVIDERS SERVING THE
   45  COMMUNITY INCLUDING, BUT NOT LIMITED TO, THOSE  WHICH  HAVE  VOLUNTARILY
   46  AGREED IN ADVANCE TO PROMPTLY NOTIFY OTHER SUCH INTERNET SERVICE PROVID-
   47  ERS  IN  LIKE MANNER; (C) PARTICIPATING RADIO STATIONS AND OTHER PARTIC-
   48  IPATING BROADCAST MEDIA OUTLETS SERVING THE  COMMUNITY  MAY  VOLUNTARILY
   49  AGREE  TO  PROMPTLY BROADCAST A MISSING VULNERABLE ADULT ALERT PROVIDING
   50  PERTINENT DETAILS CONCERNING THE MISSING VULNERABLE  ADULT'S  DISAPPEAR-
   51  ANCE,  BREAKING  INTO REGULAR PROGRAMMING WHERE APPROPRIATE; (D) PARTIC-
   52  IPATING INTERNET SERVICE PROVIDERS AND COMMERCIAL MOBILE SERVICE PROVID-
   53  ERS SERVING THE COMMUNITY MAY VOLUNTARILY AGREE TO PROMPTLY  PROVIDE  BY
   54  ELECTRONIC  MAIL  MESSAGE  A  MISSING  VULNERABLE  ADULT ALERT PROVIDING
   55  PERTINENT DETAILS CONCERNING THE MISSING VULNERABLE  ADULT'S  DISAPPEAR-
   56  ANCE;  (E)  POLICE AGENCIES NOT CONNECTED WITH THE BASIC POLICE COMMUNI-
       S. 3293                             3
    1  CATION SYSTEM IN USE IN SUCH JURISDICTION MAY TRANSMIT SUCH  INFORMATION
    2  TO  THE  NEAREST  OR  MOST CONVENIENT ELECTRONIC ENTRY POINT, FROM WHICH
    3  POINT IT MAY BE PROMPTLY  DISPATCHED  IN  CONFORMITY  WITH  THE  ORDERS,
    4  RULES,  OR  REGULATIONS  GOVERNING  THE SYSTEM; (F) A STATEWIDE RESPONSE
    5  MUST BE INITIATED AS SOON AS LOCAL LAW ENFORCEMENT DEEMS IT IS NECESSARY
    6  TO FIND THE MISSING VULNERABLE ADULT  UNLESS  THE  INVESTIGATING  POLICE
    7  DEPARTMENT, IN THEIR DISCRETION, ADVISES THAT THE RELEASE OF SUCH INFOR-
    8  MATION  MAY  JEOPARDIZE  THE  INVESTIGATION OR THE SAFETY OF THE MISSING
    9  VULNERABLE  ADULT  OR  THE  INVESTIGATING  POLICE  DEPARTMENT   REQUESTS
   10  FORBEARANCE FOR ANY REASON.
   11    (3)  THE  COMMISSIONER SHALL ALSO DESIGNATE A UNIT WITHIN THE DIVISION
   12  THAT SHALL ASSIST LAW ENFORCEMENT AGENCIES AND REPRESENTATIVES OF  RADIO
   13  STATIONS,  BROADCAST  MEDIA  OUTLETS,  INTERNET  SERVICE  PROVIDERS, AND
   14  COMMERCIAL MOBILE SERVICE PROVIDERS IN THE DESIGN,  IMPLEMENTATION,  AND
   15  IMPROVEMENT OF MISSING VULNERABLE ADULT RESPONSE AND NOTIFICATION PLANS.
   16  SUCH  UNIT SHALL MAKE ONGOING OUTREACH EFFORTS TO LOCAL GOVERNMENT ENTI-
   17  TIES AND LOCAL LAW ENFORCEMENT AGENCIES  TO  ASSIST  SUCH  ENTITIES  AND
   18  AGENCIES IN THE IMPLEMENTATION AND OPERATION OF SUCH PLANS WITH THE GOAL
   19  OF  IMPLEMENTING  AND  OPERATING SUCH PLANS IN EVERY JURISDICTION IN NEW
   20  YORK STATE.
   21    3. ANY INDIVIDUAL WHO KNOWINGLY MAKES A  FALSE  REPORT  OF  A  MISSING
   22  VULNERABLE ADULT SHALL BE GUILTY OF FALSELY REPORTING AN INCIDENT IN THE
   23  THIRD DEGREE, WHICH IS PUNISHABLE BY A CLASS A MISDEMEANOR.
   24    4.  THE COMMISSIONER SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND
   25  LEGISLATURE REGARDING THE ACTIVITIES OF THE  MISSING  VULNERABLE  ADULTS
   26  CLEARINGHOUSE INCLUDING STATISTICAL INFORMATION INVOLVING REPORTED CASES
   27  OF  MISSING  VULNERABLE  ADULTS  AND A SUMMARY OF THE DIVISION'S EFFORTS
   28  WITH RESPECT TO THE ACTIVITIES AUTHORIZED UNDER SUBDIVISION TWO OF  THIS
   29  SECTION.
   30    S 2. Severability. If any clause, sentence, paragraph, section or part
   31  of  this act shall be adjudged by any court of competent jurisdiction to
   32  be invalid and after exhaustion of  all  further  judicial  review,  the
   33  judgment  shall  not affect, impair or invalidate the remainder thereof,
   34  but shall be confined in its operation to the  clause,  sentence,  para-
   35  graph,  section or part of this act directly involved in the controversy
   36  in which the judgment shall have been rendered.
   37    S 3. This act shall take effect on the one hundred twentieth day after
   38  it shall have become law. Effective immediately,  the  addition,  amend-
   39  ment, and repeal of any rule or regulation necessary for the implementa-
   40  tion of this act on its effective date are authorized and directed to be
   41  made and completed on or before such effective date.