BILL ANALYSIS                                                                                                                                                                                                    Ó







                      SENATE COMMITTEE ON PUBLIC SAFETY
                            Senator Loni Hancock, Chair              S
                             2011-2012 Regular Session               B

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          SB 1047 (Alquist)                                          7
          As Amended March 29, 2012
          Hearing date:  April 10, 2012
          Government Code
          SV:mc

                                  EMERGENCY SERVICES:

                         "SILVER ALERT" NOTIFICATION SYSTEM

                                           
                                       HISTORY


          Source:  California Senior Legislature 

          Prior Legislation: SB 839 (Runner) - Ch. 31, Stats. 2010
                       SB 38 (Alquist) - 2009, held in Assembly 
          Appropriations
                       AB 415 (Runner and Maddox) - Ch. 517, Stats. 2002
                       HR 8 (Runner) - adopted by the Assembly, 2001
                       SB 6 (Rainey) - Ch. 579, Stats. 1999

          Support: Alzheimer's Association; Congress of California Seniors

          Opposition:None known



                                         KEY ISSUE
           
          SHOULD A "SILVER ALERT" NOTIFICATION SYSTEM BE CREATED TO INFORM THE 
          PUBLIC WHEN A PERSON WHO IS 65 YEARS OF AGE OR OLDER IS MISSING, AS 




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          SPECIFIED?






                                       PURPOSE

          The purpose of this bill is to establish a "Silver Alert" 
          notification system designed to issue and coordinate alerts to 
          inform the public when a person who is 65 years or older is 
          missing, as specified.  This program would remain in effect 
          until January 1, 2016, and would require the California Highway 
          Patrol (CHP) to prepare an evaluation report of the program by 
          September 1, 2014.   

           Existing law  , commonly known as "Amber Alert," provides that if 
          an abduction has been reported to a law enforcement agency and 
          the agency determines that a child 17 years of age or younger, 
          or an individual with a proven mental or physical disability, 
          has been abducted and is in imminent danger of serious bodily 
          injury or death and there is information available that, if 
          disseminated to the general public, could assist in the safe 
          recovery of the victim, the agency, shall request the activation 
          of the Emergency Alert System (EAS) within the appropriate local 
          area.  (Government Code § 8594 (a).)

           Existing law  provides that the CHP, in consultation with the 
          Department of Justice (DOJ) 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 EAS, and where appropriate, 
          other supplemental warning systems, shall proceed after a 
          qualifying abduction has been reported to a law enforcement 
          agency.  (Government Code § 8594 (b).)





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           Existing law  generally provides that "Blue Alert" means a quick 
          response system designed to issue and coordinate alerts 
          following an attack upon a law enforcement officer.  (Government 
          Code § 8594.5 (a).)

           Existing law  provides that upon the request of an authorized 
          person at a law enforcement agency that is investigating an 
          offense where a law enforcement officer has been killed, suffers 
          serious bodily injury, or is assaulted with a deadly weapon, and 
          the suspect has fled the scene of the offense, the CHP shall 
          activate the EAS and issue a Blue Alert if all of the following 
          conditions are met:

               (1) A law enforcement officer has been killed, suffers 
               serious bodily injury, or is assaulted with a deadly 
               weapon, and the suspect has fled the scene of the offense.
               (2) A law enforcement agency investigating the offense has 
               determined that the suspect poses an imminent threat to the 
               public or other law enforcement personnel.
               (3) A detailed description of the suspect's vehicle or 
               license plate is available for broadcast.
               (4) Public dissemination of available information may help 
               avert further harm or accelerate apprehension of the 
               suspect.
               (5) The CHP has been designated to use the federally 
               authorized EAS for the issuance of blue alerts.  
               (Government Code § 8594.5 (b).)

           This bill  provides that a "Silver Alert" means a notification 
          system designed to issue and coordinate alerts with respect to a 
          person who is 65 years of age or older who is reported missing. 

          Specifically,  this bill  provides that if a person is reported 
          missing to a law enforcement agency, that law enforcement agency 
          shall request the CHP to activate a "Silver Alert" if that 
          agency determines that the following requirements are met:

               1.     The missing person is 65 years of age or older;
               2.     The investigating law enforcement agency has 




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                 utilized all available local resources;
               3.     The law enforcement agency determines that the 
                 person has gone missing under unexplained or suspicious 
                 circumstances;
               4.     The law enforcement agency believes that the person 
                 is in danger because of age, health, mental or physical 
                 disability, environment or weather conditions, that the 
                 person is in the company of a potentially dangerous 
                 person, or that there are other factors indicating that 
                 the person may be in peril; and
               5.     There is information that, if disseminated to the 
                 public could assist in the safe recovery of the missing 
                 person. 

           This bill  provides that the CHP shall activate a Silver Alert 
          within the geographical area requested by the investigating law 
          enforcement agency. 

           This bill  provides that upon activation of a Silver Alert, the 
          CHP shall assist the investigating law enforcement agency by 
          issuing a be-on-the-lookout, an Emergency Information Service 
          message, or an electronic flyer. 

           This bill  provides that radio, television, and cable and 
          satellite systems are encouraged to, but not required to, 
          cooperate with disseminating the information contained in a 
          Silver Alert. 

           This bill  provides that the Silver Alert program shall remain in 
          effect until January 1, 2016, unless a later enacted statute, 
          that is enacted before January 1, 2016, deletes or extends that 
          date. 

           This bill  provides that no later than September 1, 2014, the CHP 
          shall prepare and submit to the Legislature a report evaluating 
          the Silver Alert program and includes the following elements:

               1.     The total number of Silver Alerts requested and 
                 activated, and the number of persons recovered as a 




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                 result of a Silver Alert activation;
               2.     Any identified costs related to implementation of 
                 the Silver Alert program; and 
               3.     A recommendation as to whether this section shall be 
                 repealed or extended.  




                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
                                      ("ROCA")
          
          In response to the unresolved prison capacity crisis, since 
          early 2007 it has been the policy of the chair of the Senate 
          Committee on Public Safety and the Senate President pro Tem to 
          hold legislative proposals which could further aggravate prison 
          overcrowding through new or expanded felony prosecutions.  Under 
          the resulting policy known as "ROCA" (which stands for 
          "Receivership/Overcrowding Crisis Aggravation"), the Committee 
          has held measures which create a new felony, expand the scope or 
          penalty of an existing felony, or otherwise increase the 
          application of a felony in a manner which could exacerbate the 
          prison overcrowding crisis by expanding the availability or 
          length of prison terms (such as extending the statute of 
          limitations for felonies or constricting statutory parole 
          standards).  In addition, proposed expansions to the 
          classification of felonies enacted last year by AB 109 (the 2011 
          Public Safety Realignment) which may be punishable in jail and 
          not prison (Penal Code section 1170(h)) would be subject to ROCA 
          because an offender's criminal record could make the offender 
          ineligible for jail and therefore subject to state prison.  
          Under these principles, ROCA has been applied as a 
          content-neutral, provisional measure necessary to ensure that 
          the Legislature does not erode progress towards reducing prison 
          overcrowding by passing legislation which could increase the 
          prison population.  ROCA will continue until prison overcrowding 
          is resolved.

          For the last several years, severe overcrowding in California's 




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          prisons has been the focus of evolving and expensive litigation. 
           On June 30, 2005, in a class action lawsuit filed four years 
          earlier, the United States District Court for the Northern 
          District of California established a Receivership to take 
          control of the delivery of medical services to all California 
          state prisoners confined by the California Department of 
          Corrections and Rehabilitation ("CDCR").  In December of 2006, 
          plaintiffs in two federal lawsuits against CDCR sought a 
          court-ordered limit on the prison population pursuant to the 
          federal Prison Litigation Reform Act.  On January 12, 2010, a 
          three-judge federal panel issued an order requiring California 
          to reduce its inmate population to 137.5 percent of design 
          capacity -- a reduction at that time of roughly 40,000 inmates 
          -- within two years.  The court stayed implementation of its 
          ruling pending the state's appeal to the U.S. Supreme Court.  

          On May 23, 2011, the United States Supreme Court upheld the 
          decision of the three-judge panel in its entirety, giving 
          California two years from the date of its ruling to reduce its 
          prison population to 137.5 percent of design capacity, subject 
          to the right of the state to seek modifications in appropriate 
          circumstances.  Design capacity is the number of inmates a 
          prison can house based on one inmate per cell, single-level 
          bunks in dormitories, and no beds in places not designed for 
          housing.  Current design capacity in CDCR's 33 institutions is 
          79,650.

          On January 6, 2012, CDCR announced that California had cut 
          prison overcrowding by more than 11,000 inmates over the last 
          six months, a reduction largely accomplished by the passage of 
          Assembly Bill 109.  Under the prisoner-reduction order, the 
          inmate population in California's 33 prisons must be no more 
          than the following:

                 167 percent of design capacity by December 27, 2011 
               (133,016 inmates);
                 155 percent by June 27, 2012;
                 147 percent by December 27, 2012; and
                 137.5 percent by June 27, 2013.




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           This bill  does not aggravate the prison overcrowding crisis 
          described above under ROCA.


                                      COMMENTS

          1.  Stated Need for This Bill  

          According to the author:
            
            Despite the fact that vulnerable people, especially those with 
            Alzheimer's disease or related dementia, go missing every day, 
            there is no statewide protocol to help find them.  Without a 
            consistent alert system implemented by law enforcement to 
            quickly recover these individuals who are at risk of 
            disorientation and harm, they may fall prey to depraved 
            individuals, exposure, or other environmental factors.  

            It is estimated that over 500,000 individuals in California 
            have Alzheimer's, and that number is expected to rise steadily 
            as Baby Boomers live longer.  Sixty percent of these 
            individuals will wander at some point in their lives.  The 
            first 24 hours are critical.  If not found within 24 hours, up 
            to half of wandering seniors with dementia suffers serious 
            injury or death, according to the Alzheimer's Association.  
            While most seniors who have wandered are found before it is 
            too late, SB 1047 would ensure that a safety net exists for 
            those who are not so quickly recovered.

          2.  Existing Alert Systems for Missing Children and Law 
          Enforcement Officers  

          Existing law creates an EAS for law enforcement to alert the 
          public when a child has been abducted and is believed to be in 
          imminent danger.  This is commonly known as the "Amber Alert" 
          system.  CHP along with DOJ and law enforcement groups create 
          the policies that set forth how and when the alert system is 
          activated.




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          According to the CHP Web site:

            AMBER ALERT empowers law enforcement, the media and the 
            public to combat abduction by sending out immediate, 
            up-to-date information that aids in the child's safe 
            recovery.  Using radio, television, the Internet, 
            highway information signs, and even cell phone 
            networks, AMBER ALERT gives the public the information 
            needed to locate abducted children.

            The AMBER ALERT Program has helped in successfully 
            recovering over one hundred children since it was 
            established statewide in California on July 31, 2002. 
            (http://www.chp.ca.gov/amber/index.html#Guidelines)

          In addition to the Amber Alert system, existing law creates a 
          similar EAS known as the "Blue Alert" system.  Law enforcement 
          issues a Blue Alert to notify the public when a law enforcement 
          officer has been attacked and the suspect has fled the scene of 
          the offense. 

          According to the CHP Web site: 

            The purpose of the Blue Alert Program is to establish a quick 
            response system designed to issue and coordinate alerts 
            following a violent attack upon a law enforcement officer.  
            The goal of a Blue Alert is to provide immediate information 
            to the public about violent suspects via media broadcasts, and 
            other notification resources to solicit help from the public 
            in the safe and swift apprehension of the suspect. 
            (  http://www.chp.ca.gov/blue/)  

          The CHP has not received a Blue Alert request since it was 
          established in January 2011. 

          3.  Missing Persons that Do Not Qualify for Amber Alert
           
          The Amber Alert program started in 1997 in Texas and after the 




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          passage of federal legislation, The Prosecutorial Remedies and 
          Other Tools to End the Exploitation of Children Today (PROTECT) 
          Act, has evolved to a national network of law enforcement 
          coordination and partnership.  In order to maintain the 
          credibility and integrity of the Amber Alert program and the use 
          of the EAS, the criteria to activate the Amber Alert is very 
          narrow. 

          In 2006, the U.S. Department of Justice (DOJ) recognized the gap 
          in the safe recovery of missing children and persons who do not 
          meet the strict requirements to issue an Amber Alert and 
          established the Endangered Missing Advisory Project.  This 
          project helped develop a nationwide plan to provide guidelines 
          and encouraged the use of Endangered Missing Advisory (EMA). 

          According to the U.S. DOJ Guide for Implementing or Enhancing an 
          Endangered Missing Advisory (2011):

            The EMA is a tool that gives law enforcement and other key 
            partners a formal action plan to safely recover missing 
            children who do not fit the AMBER Alert criteria.  It also 
            provides a way to help recover missing adults in cases where 
            no systematic recovery plan exists?.

            The EMA is designed to provide a rapid response to safely 
            recover missing persons who may be in danger.  Issuance of an 
            EMA can help raise awareness of the dangers that missing 
            persons face and reduce the pressure on police to issue an 
            AMBER Alert in cases that do not fit the criteria.  More 
            important, the EMA provides a strategy for law enforcement to 
            notify the public and save lives.












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           Currently, 34 states have formal EMA plans to help recover 
          missing persons who fall outside the scope of the Amber Alert 
          program.  Sixteen states have EMA programs without age 
          restrictions and 18 states have EMA programs that include age 
          restrictions, most of them involving senior citizens. 

          This proposal establishes a coordinated statewide plan to 
          quickly respond to missing individuals 65 years and older.  
          Members of the Committee may wish to discuss the current 
          practices of law enforcement agency for cases that do not 
          qualify for the issuance of the Amber Alert.  According to the 
          CHP, 356 Amber Alerts have been requested since the program was 
          established in 2002 that did not meet the requirements of the 
          Amber Alert.  CHP has advised committee staff that since 2009, 
          the CHP has issued some level of notification for missing 
          persons who do not meet current Amber Alert statutory criteria.  
          Members of the Committee may wish to consider a broader policy 
          that does not include age restriction and addresses the gaps in 
          the search and recovery efforts in California for cases that do 
          not fit the Amber Alert requirements. 

          4.  Resources  

          The Silver Alert system proposed by this bill would use the same 
          resources required under the existing alert systems, except a 
          Silver Alert would not activate the EAS where the messages are 
          preceded and concluded with alert tones.  According to the CHP, 
          190 Amber Alerts have been activated, which is an average of 
          about two Amber Alerts per month.  Although the Silver Alert 
          system would not trigger the EAS, it would use the same types of 
          broadcasts and sign notifications.  Members of the Committee may 
          wish to discuss with the CHP or the author how many Silver 
          Alerts could be activated if this program becomes law. 

          WOULD THE "SILVER ALERT" PROGRAM PROPOSED BY THIS BILL IMPACT 
          THE EXISTING AMBER ALERT SYSTEM?

          WOULD THE "SILVER ALERT" PROGRAM PROPOSED BY THIS BILL IMPACT 
          THE CHP'S EXISTING RESOURCES? 




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          5.  Report  

          This bill would require the CHP to prepare and submit to the 
          Legislature, by September 1, 2014, a report evaluating the 
          Silver Alert program.  On December 12, 2011, the Governor issued 
          Executive Order B-14-11 to reduce the number of reports agencies 
          and departments are required to submit to the Legislature in an 
          effort to "eliminatİe] government inefficiencies and reducİe] 
          costs."  The order provides that each agency and department 
          report their findings to the Department of Finance (DOF), which 
          will review the findings and work with the Legislature to 
          determine whether specific reports have significant value or 
          should be discontinued.
          Current law does not require the CHP to submit to the 
          Legislature reports evaluating existing emergency alert systems, 
          namely the Amber Alert and the Blue Alert.  The CHP collects 
          data for the Amber Alert program and posts them on their Web 
          site.  Members of the Committee and the author may wish to 
          discuss the need for codifying the report proposed by this bill, 
          and evaluate whether or not the CHP can provide the data and 
          information, as required by this proposal, without mandating a 
          report.  


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