BILL ANALYSIS Ó
SB 1127
Page 1
Date of Hearing: June 24, 2014
ASSEMBLY COMMITTEE ON AGING AND LONG-TERM CARE
Mariko Yamada, Chair
SB 1127 (Torres and Pavley) - As Amended: June 15, 2014
SENATE VOTE : 35-0
SUBJECT : Emergency services: individuals with developmental
disabilities and cognitive impairments.
SUMMARY : Adds individuals who are developmentally disabled or
cognitively impaired to the list of people who may be the
subject of a Silver Alert. Specifically, this bill :
1)Authorizes a law enforcement agency to request the California
Highway Patrol to activate a "Silver Alert" when a
developmentally disabled or cognitively impaired person is
reported missing, and specified conditions are met.
2)Deletes the repeal date (January 1, 2016), thereby extending
the operation of these provisions indefinitely.
EXISTING LAW :
1)Defines a "Silver Alert" as a notification system, that can be
activated as specified, and is designed to issue and
coordinate alerts with respect to a person 65 years of age or
older who is reported missing. (Gov. Code § 8594.10, subd.
(a).)
2)States that a law enforcement agency may request a Silver
Alert be activated if that agency determines that all of the
following conditions are met in regard to the investigation of
the missing person:
a) The missing person is 65 years of age or older.
b) The investigating law enforcement agency has utilized
all available local resources.
c) The law enforcement agency determines that the person
has gone missing under unexplained or suspicious
circumstances.
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d) 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 there are other factors indicating that the person may
be in peril.
e) There is information available that, if disseminated to
the public, could assist in the safe recovery of the
missing person. (Gov. Code § 8594.10, subd. (c).)
f) Repeals these provisions on January 1, 2016 unless a
later enacted statute, that is enacted before January 1,
2016, deletes or extends that date.
3)States 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. (Gov. Code §
8594, subd. (a).)
4)Provides that California Highway Patrol (CHP) in consultation
with the Department of Justice, as well as a representative
from the California State Sheriffs' Association, the
California Police Chiefs' Association and the California
Police 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 qualifying abduction has been reported to
a law enforcement agency. (Gov. Code § 8594, subd. (b).)
5)Provides that in addition to the circumstances described under
existing law relating to "Amber Alerts", upon the request of
an authorized person at a law enforcement agency that is
investigating an offense, the CHP shall activate the EAS and
issue a blue alert if all of the following conditions are met:
a) A law enforcement officer has been killed, suffers
serious bodily injury, or is assaulted with a deadly
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weapon, and the suspect has fled the scene of the offense;
b) A law enforcement agency investigating the offense has
determined that the suspect poses an imminent threat to the
public or other law enforcement personnel;
c) A detailed description of the suspect's vehicle or
license plate is available for broadcast;
d) Public dissemination of available information may help
avert further harm or accelerate apprehension of the
suspect; and,
e) The CHP has been designated to use the federally
authorized EAS for the issuance of blue alerts. (Gov. Code
§ 8594.5, subd. (b).)
6)Defines a "Blue Alert" as a quick response system designed to
issue and coordinate alerts following an attack upon a law
enforcement officer, as specified. (Gov. Code Section 8594.5
(a).)
7)Provides that the blue alert system incorporates a variety of
notification resources and developing technologies that may be
tailored to the circumstances and geography of the underlying
attack. The blue alert system shall utilize the
state-controlled Emergency Digital Information System, local
digital signs, focused text, or other technologies, as
appropriate, in addition to the federal EAS, if authorized and
under conditions permitted by the federal government. (Gov.
Code § 8594.5 subd. (c).)
FISCAL EFFECT : According to the Senate Appropriations
Committee: Per Senate Rule 28.8 - "a) any additional state costs
are not significant and do not and will not require the
appropriation of additional state funds, and (b) the bill will
cause no significant reduction in revenues."
COMMENTS :
Background:
Emergency Alert System
Amber Alert . The nation's first Amber alert was established in
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1996, and named after the after 9-year-old Amber Hagerman who
was kidnapped and murdered while riding her bicycle in
Arlington, Texas, that same year. It was intended to help
inform local residents to search for a child who was abducted
nearby.
California began the Amber Alert as a regional program in 1999
and it was adopted statewide in 2002 (AB 415, Runner). As of
February 2014, there have been 219 activations in California,
255 recovered victims and 131 suspects arrested. Of the
abductions, twice as many were parental abductions as stranger
abductions. The CHP is responsible for statewide coordination
of the Amber Alert system.
Blue Alert . California expanded the alert system in 2010 to
allow the CHP to initiate a quick response to coordinate alerts
following an attack on a law enforcement officer if the officer
was killed, suffered serious bodily injury or was assaulted with
a deadly weapon and the suspect remains at large.
Silver Alert . In 2012, California established the Silver Alert
program to coordinate communication after the unexplained or
suspicious disappearance of an elderly person. The system is
intended to provide immediate attention to the public about the
missing person, including photographs, descriptions and
information about the last time and location they were seen.
The program is coordinated by the California Highway Patrol,
which will issue an alert only if the missing person is 65 years
or older, the investigating agency has used all of its resources
and determines that the missing person disappeared under
suspicious or unexplained circumstances and the local law
enforcement agency believes the person is in danger. The CHP
also must determine that if the information was disseminated to
the public, it could assist in the safe recovery of the missing
person. According to the author, there have been 182 Silver
Alert activations since the system was created, resulting in 166
successful recoveries of one or more adults.
According to a 2009 report issued by the Congressional Research
Service, "Alert Systems for Missing Adults in Eleven States:
Background and Issues for Congress," there is growing concern
about the dangers associated with adults with cognitive
disorders who wander:
Policymakers and advocates for the missing have identified
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persons with Alzheimer's disease and other forms of
dementia as being particularly vulnerable to missing
episodes. Increases in longevity among the older
population and the aging of the baby boom generation have
contributed to interest in establishing these systems.
Wandering from home can be a frequent behavior that may
pose a significant, sometimes life-threatening, danger to
the wellbeing of those with Alzheimer's disease and other
forms of dementia. According to the Alzheimer's
Association, if not found within 24 hours, nearly 50
percent of those who wander risk serious illness or death.
Illness or death may occur from exposure to the elements,
lack of food or hydration for an extended period, and
general inability of the individual to think, act, or
communicate to gain assistance.
More than 16 million people in the U.S. are living with
cognitive impairments. Alzheimer's is the most common form of
dementia, a general term for memory loss and other intellectual
disabilities serious enough to interfere with daily life. A
person with Alzheimer's, or other forms of cognitive impairment,
may not remember his/her name or address, and can become
disoriented, even in familiar places. These individuals are
prone to wandering and become missing from their families or
caregivers. It's estimated that 60 percent of individuals with
cognitive impairments or Alzheimer's will wander.
Author's Statement: According to the author:
SB 1127 is a common-sense approach, using California's
existing infrastructure, to address a serious problem
for individuals with Autism Spectrum Disorder (ASD),
developmental disabilities, Alzheimer's and other
forms of cognitive impairment. SB 1127 is an
important and innovative approach to highlight the
life-threatening problem of wandering and missing
individuals who are challenged with developmental
disabilities or cognitive impairment.
What This Bill Does : Authorizes a law enforcement agency to
request the CHP to activate a "Silver Alert" when a
developmentally disabled or cognitively impaired person is
reported missing, and specified conditions are met. The bill
defines "developmentally disabled" to mean affected by a
developmental disability as defined in Welf. & Inst. Code, §
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4512. Welf. & Inst. Code, § 4512 defines "developmental
disability" to mean a disability that originates before an
individual attains 18 years of age; continues, or can be
expected to continue, indefinitely; and constitutes a
substantial disability for that individual. As defined by the
Director of Developmental Services, in consultation with the
Superintendent of Public Instruction, this term shall include
intellectual disability, cerebral palsy, epilepsy, and autism.
This term shall also include disabling conditions found to be
closely related to intellectual disability or to require
treatment similar to that required for individuals with an
intellectual disability, but shall not include other
handicapping conditions that are solely physical in nature.
This bill defines "cognitively impaired" to mean to be affected
by a cognitive impairment as defined in Welf. & Inst. Code, §
14522.4. Welf. & Inst. Code, § 14522.4 defines "cognitive
impairment" to mean the loss or deterioration of intellectual
capacity characterized by impairments in short- or long-term
memory, language, concentration and attention, orientation to
people, place, or time, visual-spatial abilities or executive
functions, or both, including, but not limited to, judgment,
reasoning, or the ability to inhibit behaviors that interfere
with social, occupational, or everyday functioning due to
conditions, including, but not limited to, mild cognitive
impairment, Alzheimer's disease or other form of dementia, or
brain injury.
Supporters : The bill's sponsor, The Help Group, writes that:
SB 1127 improves the safety of children with ASD other
developmental disabilities and their families. The
tendency of individuals with ASD to wander puts them at
risk of injury, trauma, or even death?. In addition, the
risk is more serious to these individuals because more than
one-third of children who elope have challenges
communicating verbally or by typing/writing their name and
contact information. The effect of elopement on families
is significant, and implementing this bill is a key to
safety measure to support families and reduce harm to
children."
Previous Hearing : SB 1127 was previously heard in the Assembly
Public Safety Committee where it passed on a unanimous vote of
7-0.
SB 1127
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REGISTERED SUPPORT / OPPOSITION :
Support
Alzheimer's Association
Association of Regional Center Agencies (ARCA)
The Help Group
Opposition
None on file.
Analysis Prepared by : Eric Astacaan / AGING & L.T.C. / (916)
319-3990