BILL ANALYSIS                                                                                                                                                                                                    




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                                      CONSENT 


          Bill No:  SB 1330
          Author:   Galgiani (D) 
          Amended:  3/28/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 4/19/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SUBJECT:   Missing persons


          SOURCE:    UDW/AFSCME Local 3930


          DIGEST:  This bill expands the current definition of mentally  
          impaired," which is one of the criteria of an "at-risk" missing  
          person, to also include "cognitively impaired or developmentally  
          disabled" individuals.


          ANALYSIS:  

          Existing law:

          1)Authorizes the Attorney General to establish and maintain the  
            Violent Crime Information Center, which combines existing  
            state, federal, and civilian databases into a single  
            comprehensive network to assist in the identification and  
            apprehension of missing individuals, particularly children and  
            at-risk adults. (Penal Code 14200-14201.)

          2)Authorizes the Attorney General to distribute a missing  
            children and at-risk adults bulletin on a quarterly basis to  
            local law enforcement agencies, district attorneys, and public  
            schools. (Penal Code 14204.)








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          3)Authorizes the Attorney General to establish and maintain an  
            online missing person registry and also a separate and  
            confidential database of missing children and at-risk adults  
            for statistical and research purposes. (Penal Code 14205(d).)

          4)Authorizes the Department of Justice to operate a statewide,  
            toll-free telephone hotline 24 hours per day, seven days per  
            week to receive information regarding missing children and  
            at-risk adults and to relay this information to the  
            appropriate authorities. (Penal Code 14210.)

          5)Requires police and sheriff's departments to immediately  
            report and assess missing person cases using checklists and  
            guidelines to locate a missing person and that if the missing  
            person is under 21 years of age or at risk, to broadcast a "Be  
            on the Lookout" bulletin without delay, within its  
            jurisdiction. (Penal Code 14211(c), (d).)

          6)Defines a "missing person" to include any of the following: a)  
            an at-risk adult; b) a child who was taken, detained,  
            concealed, enticed away, or retained by a parent illegally; or  
            c) a child who is missing voluntarily or involuntarily or  
            under circumstances not conforming to his or her ordinary  
            habits or behavior and who may be need of assistance. (Penal  
            Code 14215(a).)

          7)Defines an "at-risk" individual to be any of the following: a  
            victim of a crime or foul play; in need of medical attention;  
            has no pattern of running away or disappearing; may be a  
            victim of parental abduction; or mentally impaired. (Penal  
            Code 14215(b).)

          This bill clarifies that an at-risk individual who is mentally  
          impaired can include "a person who is cognitively impaired or  
          developmentally disabled." 

          Background

          There are many protocols that apply to individuals who are  
          "at-risk" and missing. For instance, existing law establishes  
          that any "at-risk" and missing individuals' information will be  








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          in the Attorney General's quarterly bulletin to local law  
          enforcement agencies, district attorneys, and public schools and  
          will be in the Attorney General's confidential database for  
          missing children and at-risk adults created for statistical and  
          research purposes. Current law also dedicates a statewide,  
          toll-free 24/7 telephone hotline to receive information to help  
          locate missing children and at-risk adults and to relay this  
          information to the appropriate authorities and also requires  
          police and sheriff's departments to immediately report and  
          assess missing person cases and that if the missing person is  
          under 21 years of age or at risk, to broadcast them a "Be On the  
          Lookout" bulletin without delay, within its jurisdiction. This  
          bill clarifies that a mentally impaired person, who is generally  
          defined as "at-risk" if missing, also includes a "cognitively  
          impaired or developmentally disabled" individual, which will  
          help ensure that current law also applies to help locate  
          missing, at-risk individuals with cognitive or developmental  
          disabilities.

          There can be an overlap in defining developmental and cognitive  
          disabilities. "Developmental" and "cognitive" are very broad  
          labels, and do not particularly indicate the level of skill or  
          ability that an individual may have." Developmental disability"  
          is a legal umbrella term that refers to disabilities present  
          before an individual reaches age 22. Congenital developmental  
          disabilities exist at birth, but developmental disabilities can  
          also be acquired post birth. Examples of developmental  
          disabilities are: Cerebral palsy, epilepsy, autism, hearing  
          loss, Down syndrome, mental retardation, spinal injury and brain  
          injury. Though not all of these disabilities necessarily result  
          in decreased intellectual functioning, often people use the term  
          to refer to disabilities that have a component affecting  
          cognitive function. "Cognitive disabilities" generally refers to  
          any disability affecting mental processes, and examples include  
          mental retardation, attention-deficit hyperactivity disorder  
          (ADHD), dyslexia, aphasia, brain injury, language delay and  
          learning disabilities.

          In 2015, there were 83,144 reported cases of children who went  
          missing in California and of them 45,647 were female and 37,497  
          were male children. It is unknown from the data how many of  
          these children were cognitively impaired or developmentally  








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          disabled at the time that they went missing. In 2015, there were  
          40,823 reported cases of missing adults. From the total amount  
          of adults who went missing, 23,958 were male and 16,865 were  
          female adults. Of these cases, there were 1,943 "dependent  
          adults," which was defined as "any adult who has physical or  
          mental limitations that restrict his or her ability to carry out  
          normal activities." 

          The number of active missing person cases in California averages  
          around 25,000 individuals and currently, there are over 3,000  
          reports of unidentified individuals (including homicide victims)  
          in the California Attorney General's database. There is no  
          waiting period to report a missing person and the police and  
          sheriff's departments across California must accept any report,  
          whether it is made by telephone of missing persons and runaways,  
          immediately and give priority to handling such reports. Law  
          enforcement officers regularly highlight missing individuals on  
          the Web site either in the Featured Missing Children and Adult  
          Cases Section or through the Missing Person Bulletin. In order  
          to add photographs of a missing person on the Web site, family  
          members must submit the photo of the missing person to their  
          local law enforcement agency through a missing person's report.



          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified 4/21/16)




          UDW/AFSCME Local 3930 (source)




          OPPOSITION:   (Verified4/21/16)










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          None received



          Prepared by:Molly Lao / PUB. S. /
          4/22/16 12:32:08


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