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.
Sponsor: DEFRANCISCO / Co-sponsor(s): VALESKY, AVELLA, CARLUCCI, KENNEDY, PARKER
Law Section: Executive Law / Law: Add S837-f-1, amd S838, Exec L
Sponsor: DEFRANCISCO / Co-sponsor(s): VALESKY, AVELLA, CARLUCCI, KENNEDY, PARKER
Law Section: Executive Law / Law: Add S837-f-1, amd S838, Exec L
- Jun 16, 2011: SUBSTITUTED BY A676B
- Jun 13, 2011: AMENDED ON THIRD READING 3293B
- Jun 7, 2011: AMENDED ON THIRD READING 3293A
- May 4, 2011: ADVANCED TO THIRD READING
- May 3, 2011: 2ND REPORT CAL.
- May 2, 2011: 1ST REPORT CAL.420
- Feb 15, 2011: REFERRED TO FINANCE
S3293B-2011 CalendarsFloor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011
VOTE: COMMITTEE VOTE: - Finance - May 2, 2011
Ayes (31): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Breslin, Diaz, Dilan, Duane, Gianaris, Montgomery, Parker, Peralta, Perkins, Rivera, Stavisky, Stewart-Cousins
Ayes W/R (2): Krueger, Kruger
Excused (1): Oppenheimer
BILL NUMBER:S3293B TITLE OF BILL: An act to amend the executive law, in relation to creating the missing vulnerable adults clearinghouse PURPOSE: To enact a missing vulnerable adult alert system for New York State. SUMMARY OF PROVISIONS: Section 1 adds a new section 837-FF to the executive law, creating the missing vulnerable adults clearinghouse modeled on the Amber Alert statute. Section 2 is a severability clause. Section 4 establishes an effective date. JUSTIFICATION: In 2007, a Syracuse woman who suffers from Alzheimer's disease left her home in the middle of the night and, though the help of several good Samaritans, traveled all the way to her former home in New Haven, Connecticut. Medical authorities were only alerted after she discovered someone living in her former house and became disoriented. This incident and others like it demonstrate the need for a missing vulnerable adult alert system for cognitively impaired residents similar to the "Amber Alert" system. By enacting this law, New York would join several other states, including Illinois, West Virginia, North Carolina, and Texas, in taking steps to assist families of cognitively impaired adults with locating their missing loved ones. LEGISLATIVE HISTORY: S.2026B/A.5220B (2009-2010) Similar to S.758S/A.10265B (2007-2008) FISCAL IMPLICATIONS: Cost to the state is negligible because the missing vulnerable adults clearinghouse created by this legislation would utilize the existing "Amber Alert" infrastructure. EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
S T A T E O F N E W Y O R K
Cal. No. 420 2011-2012 Regular Sessions I N SENATE February 15, 2011
Introduced by Sens. DeFRANCISCO, VALESKY, AVELLA, CARLUCCI, KENNEDY - read twice and ordered printed, and when printed to be committed to the Committee on Finance -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading 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:
Section 1. The executive law is amended by adding a new section 837-f-1 to read as follows:
S 837-F-1. MISSING VULNERABLE ADULTS CLEARINGHOUSE. THERE IS HEREBY ESTABLISHED WITHIN THE DIVISION A MISSING VULNERABLE ADULTS CLEARING HOUSE TO PROVIDE A COMPREHENSIVE AND COORDINATED APPROACH TO THE PROBLEM OF MISSING VULNERABLE ADULTS. 1. FOR PURPOSES OF THIS SECTION:
(A) "VULNERABLE ADULT" SHALL MEAN AN INDIVIDUAL EIGHTEEN YEARS OF AGE OR OLDER WHO HAS A COGNITIVE IMPAIRMENT, MENTAL DISABILITY, OR BRAIN DISORDER AND WHOSE DISAPPEARANCE HAS BEEN DETERMINED BY LAW ENFORCEMENT TO POSE A CREDITABLE THREAT OF HARM TO SUCH MISSING INDIVIDUAL. (B) "MISSING VULNERABLE ADULT ALERT" SHALL MEAN A METHOD TO DISSEM INATE INFORMATION REGARDING A MISSING VULNERABLE ADULT TO THE GENERAL PUBLIC IN A MANNER CONSISTENT WITH PARAGRAPH (N) OF SUBDIVISION TWO OF THIS SECTION. 2. THE COMMISSIONER SHALL BE AUTHORIZED TO:
(A) PLAN AND IMPLEMENT PROGRAMS TO ENSURE THE MOST EFFECTIVE USE OF FEDERAL, STATE, AND LOCAL RESOURCES IN THE INVESTIGATION OF MISSING VULNERABLE ADULTS; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03273-09-1
S. 3293--B 2 (B) DISSEMINATE A DIRECTORY OF RESOURCES TO ASSIST IN LOCATING MISSING VULNERABLE ADULTS; (C) COOPERATE 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; (D) ASSIST FEDERAL, STATE, AND LOCAL AGENCIES IN THE INVESTIGATION OF CASES INVOLVING MISSING VULNERABLE ADULTS; (E) UTILIZE AVAILABLE RESOURCES TO DUPLICATE PHOTOGRAPHS AND POSTERS OF VULNERABLE ADULTS REPORTED AS MISSING BY POLICE AND DISSEMINATE THIS INFORMATION THROUGHOUT THE STATE; (F) PROVIDE ASSISTANCE IN RETURNING MISSING VULNERABLE ADULTS WHO ARE LOCATED OUT OF STATE; (G) DEVELOP A CURRICULUM FOR THE TRAINING OF LAW ENFORCEMENT PERSONNEL INVESTIGATING CASES INVOLVING MISSING VULNERABLE ADULTS, INCLUDING RECOGNITION AND MANAGEMENT OF VULNERABLE ADULTS; (H) OPERATE A TOLL-FREE TWENTY-FOUR HOUR HOTLINE FOR THE PUBLIC TO USE TO RELAY INFORMATION CONCERNING MISSING VULNERABLE ADULTS; (I) ESTABLISH A CASE DATABASE THAT SHALL INCLUDE NON-IDENTIFYING INFORMATION ON REPORTED MISSING VULNERABLE ADULTS AND FACTS DEVELOPED IN THE PHASES OF A SEARCH; AND ANALYZE SUCH DATA FOR THE PURPOSES OF ASSISTING LAW ENFORCEMENT IN THEIR CURRENT INVESTIGATIONS OF MISSING VULNERABLE ADULTS, DEVELOPING PREVENTION PROGRAMS AND INCREASING UNDER STANDING OF THE NATURE AND EXTENT OF THE PROBLEM; (J) PRESCRIBE GENERAL GUIDELINES TO ENABLE STATE AGENCIES TO ASSIST IN THE LOCATION AND RECOVERY OF MISSING VULNERABLE ADULTS. THE GUIDELINES SHALL PROVIDE INFORMATION RELATING TO:
(I) THE FORM AND MANNER IN WHICH MATERIALS AND INFORMATION PERTAINING TO MISSING VULNERABLE ADULTS, INCLUDING, BUT NOT LIMITED TO, BIOGRAPH ICAL DATA AND PICTURES, SKETCHES, OR OTHER LIKENESSES, MAY BE INCLUDED IN STATIONARY, NEWSLETTERS, AND OTHER WRITTEN OR ELECTRONIC PRINTINGS, PROVIDED SUCH GUIDELINES ARE CONSISTENT WITH PARAGRAPH (N) OF THIS SUBDIVISION; (II) APPROPRIATE SOURCES FROM WHICH SUCH MATERIALS AND INFORMATION MAY BE OBTAINED; (III) THE PROCEDURES BY WHICH SUCH MATERIALS AND INFORMATION MAY BE OBTAINED; AND (IV) ANY OTHER MATTER THE CLEARINGHOUSE MAY DEEM IMPORTANT; (K) MAINTAIN AND MAKE AVAILABLE TO APPROPRIATE STATE AND LOCAL LAW ENFORCEMENT AGENCIES INFORMATION CONCERNING TECHNOLOGICAL ADVANCES THAT MAY ASSIST IN FACILITATING THE RECOVERY OF MISSING VULNERABLE ADULTS; (L) TAKE SUCH OTHER STEPS AS NECESSARY TO ASSIST IN EDUCATION, PREVENTION, SERVICE PROVISION, AND INVESTIGATION OF CASES INVOLVING MISSING VULNERABLE ADULTS; (M) (I) IN CONSULTATION WITH THE DIVISION OF STATE POLICE AND OTHER APPROPRIATE AGENCIES, DEVELOP, REGULARLY UPDATE, AND DISTRIBUTE MODEL MISSING VULNERABLE ADULT PROMPT RESPONSE AND NOTIFICATION PLANS. SUCH PLANS SHALL BE AVAILABLE FOR USE BY LOCAL COMMUNITIES AND LAW ENFORCE MENT PERSONNEL, AND SHALL INVOLVE A PROACTIVE, COORDINATED RESPONSE THAT MAY BE PROMPTLY TRIGGERED BY LAW ENFORCEMENT PERSONNEL UPON CONFIRMATION BY A POLICE OFFICER, PEACE OFFICER, OR POLICE AGENCY OF A REPORT OF A MISSING VULNERABLE ADULT, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION. (II) SUCH PLANS SHALL, AT A MINIMUM, PROVIDE THAT: (A) THE NAME OF THE MISSING VULNERABLE ADULT, A DESCRIPTION OF THE MISSING INDIVIDUAL, AND OTHER PERTINENT INFORMATION MAY BE PROMPTLY DISPATCHED OVER THE POLICE COMMUNICATION SYSTEM PURSUANT TO SUBDIVISION THREE OF SECTION TWO S. 3293--B 3 HUNDRED TWENTY-ONE OF THIS CHAPTER; (B) SUCH INFORMATION MAY BE IMME DIATELY PROVIDED, IN A MANNER CONSISTENT WITH PARAGRAPH (N) OF THIS SUBDIVISION, BOTH (1) ORALLY, ELECTRONICALLY, OR BY FACSIMILE TRANS MISSION TO ONE OR MORE RADIO STATIONS AND OTHER BROADCAST MEDIA OUTLETS SERVING THE COMMUNITY INCLUDING, BUT NOT LIMITED TO, THOSE WHO HAVE VOLUNTARILY AGREED IN ADVANCE TO PROMPTLY NOTIFY OTHER SUCH RADIO STATIONS AND BROADCAST MEDIA OUTLETS IN LIKE MANNER AND (2) BY ELECTRON IC MAIL MESSAGE TO ONE OR MORE INTERNET SERVICE PROVIDERS AND COMMERCIAL MOBILE SERVICE PROVIDERS SERVING THE COMMUNITY INCLUDING, BUT NOT LIMIT ED TO, THOSE WHICH HAVE VOLUNTARILY AGREED IN ADVANCE TO PROMPTLY NOTIFY OTHER SUCH INTERNET SERVICE PROVIDERS IN LIKE MANNER; (C) PARTICIPATING RADIO STATIONS AND OTHER PARTICIPATING BROADCAST MEDIA OUTLETS SERVING THE COMMUNITY MAY VOLUNTARILY AGREE TO PROMPTLY BROADCAST A MISSING VULNERABLE ADULT ALERT PROVIDING PERTINENT DETAILS CONCERNING THE MISS ING VULNERABLE ADULT'S DISAPPEARANCE, BREAKING INTO REGULAR PROGRAMMING WHERE APPROPRIATE; (D) PARTICIPATING INTERNET SERVICE PROVIDERS AND COMMERCIAL MOBILE SERVICE PROVIDERS SERVING THE COMMUNITY MAY VOLUNTAR ILY AGREE TO PROMPTLY PROVIDE BY ELECTRONIC MAIL MESSAGE A MISSING VULNERABLE ADULT ALERT PROVIDING PERTINENT DETAILS CONCERNING THE MISS ING VULNERABLE ADULT'S DISAPPEARANCE; (E) POLICE AGENCIES NOT CONNECTED WITH THE BASIC POLICE COMMUNICATION SYSTEM IN USE IN SUCH JURISDICTION MAY TRANSMIT SUCH INFORMATION TO THE NEAREST OR MOST CONVENIENT ELEC TRONIC ENTRY POINT, FROM WHICH POINT IT MAY BE PROMPTLY DISPATCHED IN CONFORMITY WITH THE ORDERS, RULES, OR REGULATIONS GOVERNING THE SYSTEM; (F) A STATEWIDE RESPONSE MAY BE INITIATED AS SOON AS THE DIVISION DEEMS IT IS NECESSARY TO FIND THE MISSING VULNERABLE ADULT. SUCH A PLAN MAY NOT REQUIRE THE ISSUANCE OF AN ALERT IF THE INVESTIGATING POLICE DEPART MENT, IN ITS DISCRETION, ADVISES THAT THE RELEASE OF SUCH INFORMATION MAY JEOPARDIZE THE INVESTIGATION OR THE SAFETY OF THE MISSING VULNERABLE ADULT OR THE INVESTIGATING POLICE DEPARTMENT REQUESTS FORBEARANCE FOR ANY REASON. (III) THE COMMISSIONER SHALL ALSO DESIGNATE A UNIT WITHIN THE DIVISION THAT SHALL ASSIST LAW ENFORCEMENT AGENCIES AND REPRESENTATIVES OF RADIO STATIONS, BROADCAST MEDIA OUTLETS, INTERNET SERVICE PROVIDERS, AND COMMERCIAL MOBILE SERVICE PROVIDERS IN THE DESIGN, IMPLEMENTATION, AND IMPROVEMENT OF MISSING VULNERABLE ADULT RESPONSE AND NOTIFICATION PLANS. SUCH UNIT SHALL MAKE ONGOING OUTREACH EFFORTS TO LOCAL GOVERNMENT ENTI TIES AND LOCAL LAW ENFORCEMENT AGENCIES TO ASSIST SUCH ENTITIES AND AGENCIES IN THE IMPLEMENTATION AND OPERATION OF SUCH PLANS WITH THE GOAL OF IMPLEMENTING AND OPERATING SUCH PLANS IN EVERY JURISDICTION IN NEW YORK STATE. (N) DISSEMINATE SPECIFIC MEDICAL INFORMATION ABOUT A MISSING VULNER ABLE ADULT TO THE EXTENT THAT SUCH MEDICAL INFORMATION INDICATES A PHYS ICAL QUALITY OR BEHAVIORAL TRAIT THAT IS READILY APPARENT AND CONTRIB UTES TO A PHYSICAL OR BEHAVIORAL DESCRIPTION OF THE MISSING VULNERABLE ADULT, PROVIDED THAT MORE EXTENSIVE INFORMATION RELATING TO THE MISSING VULNERABLE ADULT'S MEDICAL DIAGNOSIS AND CONDITION MAY BE PROVIDED TO LAW ENFORCEMENT PERSONNEL AS NEEDED. 3. THE COMMISSIONER SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND LEGISLATURE REGARDING THE ACTIVITIES OF THE MISSING VULNERABLE ADULTS CLEARINGHOUSE, INCLUDING STATISTICAL INFORMATION INVOLVING REPORTED CASES OF MISSING VULNERABLE ADULTS AND A SUMMARY OF THE DIVISION'S EFFORTS WITH RESPECT TO THE ACTIVITIES AUTHORIZED UNDER SUBDIVISION TWO OF THIS SECTION. S. 3293--B 4
S 2. Subdivision 7 of section 838 of the executive law, as added by chapter 670 of the laws of 1982, is amended and two new subdivisions 10 and 11 are added to read as follows:
7. (A) When a person previously reported missing has been found, the superintendent of state police, sheriff, chief of police, coroner or medical examiner, or other law enforcement authority shall erase all records with respect to such person and/or destroy any documents which are maintained pursuant to this section and shall report to the division that the person has been found and that the records and documents have been so erased or destroyed. After receiving such a report, the division shall erase all records with respect to such person and/or destroy any documents which are maintained pursuant to this section. (B) NOTHING IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE CONSTRUED AS PROHIBITING LAW ENFORCEMENT AGENCIES FROM MAINTAINING CASE FILES RELAT ING TO VULNERABLE ADULTS, AS DEFINED IN SECTION EIGHT HUNDRED THIRTY-SEVEN-F-ONE, WHO WERE REPORTED MISSING, PROVIDED, HOWEVER, THAT ANY DNA, FINGERPRINTS AND/OR DENTAL RECORDS ACQUIRED IN THE COURSE OF SUCH INVESTIGATION SHALL BE ERASED AND/OR DESTROYED IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION AFTER THE PERSON PREVIOUSLY REPORTED MISSING HAS BEEN FOUND. (C) (I) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDI VISION, IF A VULNERABLE ADULT, AS DEFINED IN SECTION EIGHT HUNDRED THIRTY-SEVEN-F-ONE OF THIS ARTICLE, PREVIOUSLY REPORTED MISSING HAS BEEN FOUND, THE DIVISION SHALL MAINTAIN A SEALED RECORD OF THE CASE FILE FOR A PERIOD OF TEN YEARS, AFTER WHICH IT SHALL BE ERASED AND/OR DESTROYED. THE SEALED RECORD SHALL BE UNSEALED IF THE INDIVIDUAL TO WHOM THE RECORD PERTAINS IS REPORTED MISSING ON A SUBSEQUENT OCCASION OR IF NEEDED FOR EVIDENTIARY PURPOSES IN ANY CIVIL LITIGATION AGAINST THE DIVISION OR ITS PERSONNEL THAT ARISES FROM THE INVESTIGATION. HOWEVER, IN THE EVENT THAT THERE ARE GROUNDS FOR A CRIMINAL ACTION ARISING FROM THE INVESTI GATION, NOTHING IN THIS SUBDIVISION SHALL BE INTERPRETED AS PROHIBITING THE DIVISION FROM ALLOWING SUCH RECORDS TO REMAIN UNSEALED UNTIL SUCH CRIMINAL ACTION IS CONCLUDED OR OTHERWISE RESOLVED. (II) THE DIVISION SHALL ESTABLISH RULES AND REGULATIONS RELATING TO THE UNSEALING OF RECORDS. SUCH RULES AND REGULATIONS SHALL REQUIRE THAT, PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE PROCESS OF UNSEALING SUCH RECORDS SHALL TAKE NO LONGER THAN TWO HOURS FROM THE TIME THE DIVI SION RECEIVES A REPORT THAT A VULNERABLE ADULT, FOR WHOM THERE IS A PREVIOUS RECORD, IS MISSING. 10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO CRIMINAL JUSTICE AGENCY SHALL ESTABLISH OR MAINTAIN ANY POLICY THAT REQUIRES THE OBSER VANCE OF A WAITING PERIOD BEFORE ACCEPTING AND INVESTIGATING A REPORT OF A MISSING VULNERABLE ADULT AS DEFINED IN SECTION EIGHT HUNDRED THIRTY-SEVEN-F-ONE OF THIS ARTICLE. UPON RECEIPT OF A REPORT OF SUCH MISSING VULNERABLE ADULT, CRIMINAL JUSTICE AGENCIES SHALL MAKE ENTRIES OF SUCH REPORT IN THE MANNER PROVIDED BY SUBDIVISION ELEVEN OF THIS SECTION. 11. WHENEVER A CRIMINAL JUSTICE AGENCY DETERMINES THAT A PERSON IS A MISSING VULNERABLE ADULT, AS DEFINED IN SECTION EIGHT HUNDRED THIRTY-SEVEN-F-ONE OF THIS ARTICLE, OR THAT AN UNIDENTIFIED LIVING PERSON MAY BE A MISSING VULNERABLE ADULT, SUCH CRIMINAL JUSTICE AGENCY SHALL ENTER THE REPORT OF SUCH MISSING VULNERABLE ADULT IN ANY DATABASE OF MISSING PERSONS MAINTAINED BY THE DIVISION AND THE FEDERAL GOVERN MENT.
S 3. The provisions of this act shall not be construed to limit in any way the authority of a municipality to enact, implement, and continue to S. 3293--B 5 enforce local laws and regulations relating to an alert system to locate missing individuals that were in effect prior to the effective date of this act, or to enact, implement, and enforce any amendments thereto after the effective date of this act.
S 4. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, para graph, section or part of this act directly involved in the controversy in which the judgment shall have been rendered.
S 5. This act shall take effect on the ninetieth day after it shall have become law. Effective immediately, the addition, amendment, and repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.