Establishes an "Amber Alert" system for missing developmentally disabled persons.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the executive law, in relation to establishing a prompt response and notification program for missing persons with developmental disabilities, Alzheimer's disease or other dementia
PURPOSE: This legislation will have the Office for People with Developmental Disabilities, Office of Mental Health and the Division of State Police create, develop, and regularly update and distribute a model missing persons with developmental disabilities, Alzheimer's disease or other dementia prompt response and notification plan. This plan will take a pro-active coordinated response that may be promptly triggered by law enforcement personnel if a person with a developmental disability, Alzheimer's disease or other dementia are reported missing, similar to the "Amber Alert"
SUMMARY OF PROVISIONS:
Section One - amends Section 837 of the executive law by adding a new subdivision 19 to direct the Office for People with Developmental Disabilities, Office of Mental Health, Division of State Police and other agencies to create a model missing persons program for persons with developmental disabilities, Alzheimer's disease or other dementia, This model program will be updated regularly and distributed to local communities and law enforcement personnel.
Section One - also states the model missing persons program will involve a pro-active and coordinated response that can be promptly triggered by law enforcement personnel upon confirmation by a police officer, peace officer or police agency of a missing person with developmental disabilities, Alzheimer's disease or other dementia.
Section One - states at a minimum, these plans will include the name, description and any other pertinent information of the missing person. This information will be promptly dispatched over the police communication system, via electronic, oral or facsimile, and provided to one or more radio stations and other broadcast media outlets serving the community.
It is not mandatory to dispatch or transmit a report if the investigating police department advises that the release of such information may jeopardize the investigation or the safety of the person, or requests forbearance for any reason.
Section Two - states this act shall take effect on the first of January next succeeding the date on which it shall have become law.
JUSTIFICATION: Families of people with Alzheimer's often live in fear that there loved one will go missing. In many cases there is no way to get the information about their loved one out to the general public and our first responders quickly and effectively, allowing for their loved ones to suffer tragic consequences.
Alert systems to recover vulnerable missing adults, and persons with special needs have been developed in eleven states throughout the
country. These systems, administered at the state and local levels, are intended to alert law enforcement entities and the public that adults with cognitive impairment or other disabilities are missing and may need assistance.
It is necessary to put a system in place, on behalf of individuals with cognitive or mental impairments like Alzheimer's disease and other forms of dementia, because these developmental disabilities put people at elevated risk of going missing and they are often times unable to make their way home or to a safe place.
This alert program much like the Amber Alert program will quickly distribute information about missing persons to law enforcement, radio, and television stations. It will allow for the alert of the public and law enforcement agencies so that citizens can be on the look out for missing adults.
LEGISLATIVE HISTORY: 02/14/12 Recommit, enacting clause stricken
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 3876 2013-2014 Regular Sessions IN SENATE February 26, 2013 ___________Introduced by Sen. BALL -- 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 establishing a prompt response and notification program for missing persons with develop- mental disabilities, Alzheimer's disease or other dementia THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 837 of the executive law is amended by adding a new subdivision 20 to read as follows: 20. (A) IN CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE OF MENTAL HEALTH, DIVISION OF STATE POLICE AND OTHER APPROPRIATE AGENCIES, DEVELOP, REGULARLY UPDATE AND DISTRIBUTE, MODEL MISSING PERSONS WITH DEVELOPMENTAL DISABILITIES, ALZHEIMER'S DISEASE OR OTHER DEMENTIA PROMPT RESPONSE AND NOTIFICATION PLANS, WHICH SHALL BE AVAILABLE FOR USE, IN THEIR DISCRETION, AS APPROPRIATE, BY LOCAL COMMUNITIES AND LAW ENFORCEMENT PERSONNEL. SUCH PLANS SHALL INVOLVE A PRO-ACTIVE, COORDINATED RESPONSE, PLANNED IN ADVANCE, THAT MAY BE PROMPTLY TRIGGERED BY LAW ENFORCEMENT PERSONNEL UPON CONFIRMATION BY A POLICE OFFICER, PEACE OFFICER OR POLICE AGENCY OF A REPORT OF SUCH A MISSING PERSON. (B) SUCH PLANS SHALL, AT A MINIMUM, PROVIDE THAT: (I) THE NAME OF SUCH MISSING PERSON, A DESCRIPTION OF THE PERSON AND OTHER PERTINENT INFORMATION MAY BE PROMPTLY DISPATCHED OVER THE POLICE COMMUNICATION SYSTEM; (II) SUCH INFORMATION MAY BE IMMEDIATELY PROVIDED ORALLY, ELECTRON- ICALLY OR BY FACSIMILE TRANSMISSION TO ONE OR MORE RADIO STATIONS AND OTHER BROADCAST MEDIA OUTLETS SERVING THE COMMUNITY INCLUDING, BUT NOT LIMITED TO, THOSE WHICH HAVE VOLUNTARILY AGREED, IN ADVANCE, TO PROMPTLY NOTIFY OTHER SUCH RADIO STATIONS AND OTHER BROADCAST MEDIA OUTLETS IN LIKE MANNER;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07285-02-3 S. 3876 2
(III) SUCH INFORMATION MAY BE IMMEDIATELY PROVIDED BY ELECTRONIC MAIL MESSAGE TO ONE OR MORE INTERNET SERVICE PROVIDERS AND COMMERCIAL MOBILE SERVICE PROVIDERS SERVING THE COMMUNITY INCLUDING, BUT NOT LIMITED TO, THOSE WHICH HAVE VOLUNTARILY AGREED, IN ADVANCE, TO PROMPTLY NOTIFY OTHER SUCH INTERNET SERVICE PROVIDERS IN LIKE MANNER; (IV) PARTICIPATING RADIO STATIONS AND OTHER PARTICIPATING BROADCAST MEDIA OUTLETS SERVING THE COMMUNITY MAY VOLUNTARILY AGREE TO PROMPTLY BROADCAST A MISSING CHILD ALERT PROVIDING PERTINENT DETAILS CONCERNING THE PERSON'S DISAPPEARANCE, BREAKING INTO REGULAR PROGRAMMING WHERE APPROPRIATE; (V) PARTICIPATING INTERNET SERVICE PROVIDERS AND COMMERCIAL MOBILE SERVICE PROVIDERS SERVING THE COMMUNITY MAY VOLUNTARILY AGREE TO PROMPT- LY PROVIDE BY ELECTRONIC MAIL MESSAGE A MISSING MENTALLY DISABLED PERSON ALERT PROVIDING PERTINENT DETAILS CONCERNING THE PERSON'S DISAPPEARANCE; (VI) 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 ELECTRONIC ENTRY POINT, FROM WHICH POINT IT MAY BE PROMPTLY DISPATCHED, IN CONFORMITY WITH THE ORDERS, RULES OR REGULATIONS GOVERNING THE SYSTEM; AND (VII) NO DISPATCH OR TRANSMISSION OF A REPORT CONCERNING A MISSING MENTALLY DISABLED PERSON SHALL BE REQUIRED BY SUCH PLAN IF THE INVESTI- GATING POLICE DEPARTMENT ADVISES, IN ITS DISCRETION, THAT THE RELEASE OF SUCH INFORMATION MAY JEOPARDIZE THE INVESTIGATION OR THE SAFETY OF THE PERSON, OR REQUESTS FORBEARANCE FOR ANY REASON. (C) 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 MENTALLY DISABLED PERSON PROMPT RESPONSE AND NOTIFICATION PLANS. SUCH UNIT SHALL MAKE ONGOING OUTREACH EFFORTS TO LOCAL GOVERN- MENT ENTITIES 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. (D) THE COMMISSIONER SHALL ALSO MAINTAIN AND MAKE AVAILABLE TO APPRO- PRIATE STATE AND LOCAL LAW ENFORCEMENT AGENCIES UP-TO-DATE INFORMATION CONCERNING TECHNOLOGICAL ADVANCES THAT MAY ASSIST IN FACILITATING THE RECOVERY OF MISSING MENTALLY DISABLED PERSONS. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.