STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 2425	By:	Condit

AS INTRODUCED

An Act relating to mental health; creating the Jeffrey Alert Act; defining terms; requiring Department of Public Safety to develop statewide alert system for missing persons with mental illness; requiring Commissioner of Public Safety to be statewide coordinator of alert system and directing the adoption of certain rules; stating conditions in which alert shall be activated by local law enforcement agency; requiring certain duties of local law enforcement agency; requiring certain information to be included in alert; requiring local law enforcement agency to terminate alert at certain time; requiring local law enforcement agency to provide certain notification to the Department; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 7-114 of Title 43A, unless there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Jeffrey Alert Act".
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 7-115 of Title 43A, unless there is created a duplication in numbering, reads as follows:
As used in the Jeffrey Alert Act:
1.  "Alert" means the statewide Jeffrey alert for missing persons with mental illness;
2.  "Local law enforcement agency" includes, but is not limited to, a county sheriff's office, a police department of a municipality or city, or the Oklahoma Highway Patrol;
3.  "Media outlet" includes but is not limited to radio stations, television stations, newspapers and local support organizations; and
4.  "Missing person with mental illness" means a person:
a.	whose whereabouts are unknown,
b.	who has an illness as defined in paragraph 3 of Section 1-103 of Title 43A of the Oklahoma Statutes, and
c.	whose disappearance poses a credible threat to the safety and health of the person, as determined by a local law enforcement agency.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 7-116 of Title 43A, unless there is created a duplication in numbering, reads as follows:
The Department of Public Safety shall develop and implement a statewide Jeffrey alert system to be activated on behalf of a missing person with mental illness in cooperation with the Department of Transportation, the Department of Mental Health and Substance Abuse Services, any local law enforcement agency, the Oklahoma Association of Broadcasters and any other appropriate state or local agencies.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 7-117 of Title 43A, unless there is created a duplication in numbering, reads as follows:
The Commissioner of Public Safety is the statewide coordinator of the Jeffrey alert system and shall:
1.  Adopt rules and issue directives as necessary to ensure proper implementation of the alert.  The rules and directives shall include:
a.	the procedures to be used by a local law enforcement agency to verify whether a person with mental illness:
(1)	is missing, and
(2)	is one whose disappearance is believed to pose a credible risk to the health and safety of the missing person,
b.	the procedures for local law enforcement agencies to follow in initiating a statewide Jeffrey alert,
c.	the method whereby information is distributed to statewide media outlets,
d.	the procedures for the receipt and evaluation of information received from the public about the missing person with mental illness, and
e.	the procedure for the termination of a Jeffrey alert; and
2.  Coordinate with local and statewide media outlets for the rapid and accurate announcement of a Jeffrey alert to the public.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 7-118 of Title 43A, unless there is created a duplication in numbering, reads as follows:
A.  A Jeffrey alert shall be activated if a local law enforcement agency:
1.  Receives notice of a missing person with mental illness;
2.  Verifies that at the time the senior citizen is reported missing that the location of the senior citizen is unknown;
3.  Determines that the disappearance of the person with mental illness poses a credible threat to the health and safety of the person with mental illness; and
4.  Determines that information which may assist in the safe recovery of the missing person with mental illness is available.
B.  The local law enforcement agency shall:
1.  Require the family or legal guardian of the missing person with mental illness to provide documentation of the disorder which has been diagnosed;
2.  Determine identifying information about the missing person with mental illness and any other information which might be useful to the general public in the safe recovery of the missing person with mental illness; and
3.  Report the individual through the national crime information center immediately upon the issuance of a Jeffrey alert.
SECTION 6.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 7-119 of Title 43A, unless there is created a duplication in numbering, reads as follows:
The Jeffrey alert shall include:
1.  All appropriate information that is provided by the local law enforcement agency that may lead to the safe recovery of the person with mental illness; and
2.  A statement instructing any person with information related to the person with mental illness to contact a local law enforcement agency.
SECTION 7.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 7-120 of Title 43A, unless there is created a duplication in numbering, reads as follows:
A.  The local law enforcement agency responsible for the issuance of a Jeffrey alert shall terminate any Jeffrey alert with respect to a particular missing person with mental illness not later than the earlier of the date on which:
1.  The missing person with mental illness is located or the situation is otherwise resolved; or
2.  The notification period ends, as determined by Department rule.
B.  A local law enforcement agency that locates a missing person with mental illness who is the subject of a Jeffrey alert shall immediately notify the Department of Public Safety.
SECTION 8.  This act shall become effective November 1, 2014.

54-2-8660	AM	01/06/14