BILL ANALYSIS
SB 38
Page 1
Date of Hearing: June 23, 2009
Counsel: Nicole J. Hanson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Juan Arambula, Chair
SB 38 (Alquist) - As Amended: May 28, 2009
SUMMARY : Calls for the development of a missing senior person
alert on or before January 1, 2011. Specifically, this bill :
1)States that it is the intent of the Legislature that local law
enforcement agencies continue to employ appropriate alert
measures and other best practices to investigate and locate
missing senior persons until the state receives federal
funding for the purpose of implementing a missing senior
person alert system.
2)Provides that on or before January 1, 2011, the Department of
the California Highway Patrol (CHP), in consultation with the
Department of Justice (DOJ), the California Emergency
Management Agency (CEMA), the California State Emergency
Communications Committee (CSTECC), the California Broadcasters
Association (CBA), the California Peace Officers' Association
(CPOA), the California Police Chiefs Association (CPCA), and
the California State Sheriffs' Association (CSSA), shall
develop policies and procedures providing instruction to law
enforcement agencies, other intermediate emergency agencies,
participating radio and television broadcasters, and other
media outlets on the implementation of a missing senior person
alert. In developing these policies and procedures, the CHP
shall incorporate the use of appropriate alert measures.
3)Proscribes that if a law enforcement agency receives a report
of a missing senior person, and the agency determines that the
senior person has an impaired mental condition and there is
information available that, if disseminated locally to the
general public, could assist in the safe recovery of the
senior person, the agency shall, absent extenuating
investigative needs, immediately implement the policies and
procedures for the implementation of a missing senior person
alert developed to the maximum extent feasible. If the CHP
SB 38
Page 2
has not yet developed those policies and procedures, the
agency shall immediately undertake appropriate alert measures
to locally disseminate the information that could assist in
the safe recovery of the missing senior person. Appropriate
alert measures include, but are not limited to, all of the
following:
a) Neighborhood canvassing and lighting of local digital
signs.
b) Emergency digital information service (EDIS).
c) Critical reach software.
d) Locally focused, cell phone text message alerts.
e) Collaboration with local 211 telephone system service
providers.
f) Reverse 911 interactive community notification system or
other similar system.
4)Allows law enforcement agencies to request that the CHP
activate the Emergency Alert System (EAS) within the
appropriate local or regional area to disseminate information
that could assist in the safe recovery of the senior person
when the senior person has been missing for over 24 hours or
is likely to be in a vehicle. The CHP may activate EAS if it
determined that activation is appropriate based on the
available information about the missing senior person.
5)Requires the law enforcement agency that initiates the missing
senior person alert to inform the general public within the
appropriate local or regional area of the termination of the
missing senior person alert upon the location of the missing
senior person.
6)Defines "senior person" as being any person who is 65 years of
age or older.
7)Provides that this section shall become operative upon the
state's receipt of federal funding for the purpose of
implementing a missing senior person alert system, as
certified to by the CHP.
SB 38
Page 3
EXISTING LAW :
1)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 EAS within the
appropriate local area. [Government Code Section 85949(a).]
2)Provides that CHP in consultation with DOJ, as well as a
representative from the CSSA, the CPCA and the CPOA 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.
[Government Code Section 8594(b).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "According to
the Alzheimer's Association, there are over 500,000
individuals in California who have Alzheimer's disease. By
2030, this number will double to over 1.1 million. Of all
Californians who are 65 years or older, one in eight - or 13%
- has Alzheimer's disease.
"At some point in their lives, 6 in 10 seniors with Alzheimer's
disease or dementia wander from their homes or long-term care
facilities, often without knowing their own name or address
and sometimes missing life-sustaining medications. While most
are intercepted quickly by caregivers or neighbors, some are
not as fortunate. For those seniors who are missing for over
24 hours, 50% suffer physical harm or death. Unfortunately,
California does not have a consistent set of policies and
procedures to promote the quickest recovery possible of these
seniors who are at significant risk once they wander away
unaccompanied. Therefore, SB 38 would address the needs of
this growing population of seniors with Alzheimer's disease or
dementia who wander and are vulnerable to harm if not
SB 38
Page 4
recovered within 24 hours by developing a Silver Alert plan
for California.
"Since the problem of seniors with Alzheimer's disease or
dementia wandering away from home is not unique to California,
Silver Alert initiatives are underway across the nation. To
date, 18 states have established Silver Alert programs and 14
states, including California, are considering Silver Alert
legislation. In February 2009, the U.S. House of
Representatives passed H.R. 632 (National Silver Alert Act) to
encourage, enhance, and integrate Silver Alert programs
throughout the United States. In March 2009, U.S. Senator
Herb Kohl (D-WI), Chairman of the Senate Special Committee on
Aging, and U.S. Senator Mel Martinez (R-FL), ranking member of
the Senate Special Committee on Aging, reintroduced a Silver
Alert bill (S.557). Both pieces of federal legislation would
create a national coordinator of the Silver Alert
communications network at the DOJ and would establish federal
block grants to the states totaling $10 million per year
through 2014.
"SB 38 would become operative upon the state's receipt of
federal funding for the purpose of implementing a Silver Alert
plan, as certified by the CHP. Currently, federal
legislation, the National Silver Alert Act, is pending that
would create a national coordinator of the Silver Alert
communications network at the DOJ and would establish federal
block grants to the states to encourage, enhance, and
integrate Silver Alert plans throughout the United States.
"SB 38 would begin the process of developing a Silver Alert plan
for California. This bill would require, on or before January
1, 2011, the CHP, in consultation with the state emergency
management agency, state and local law enforcement agencies,
and media broadcasters, to develop policies and procedures
providing instruction to law enforcement agencies on the
implementation of a missing senior person alert, or 'Silver
Alert.' This alert would be limited only to missing senior
persons, who are 65 years of age or older, who have an
impaired mental condition, and about whom there is information
to aid in their recovery. This bill would require a law
enforcement agency, in receipt of a missing senior person
report, to immediately implement, absent extenuating
investigative needs, the policies and procedures to be
developed by CHP. If CHP has not yet developed those policies
SB 38
Page 5
and procedures, the law enforcement agency shall immediately
undertake appropriate alert measures which may include
neighborhood canvassing and lighting of local digital signs,
EDIS, Critical Reach software, locally focused, cell phone
text message alerts, collaboration with local 211 telephone
system service providers, and reverse 911 interactive
community notification system or other similar system. When a
senior has been missing for over 24 hours or is likely to be
in a vehicle, the agency may request activation of the EAS,
and CHP may activate EAS if it determines that activation is
appropriate based on the available information about the
missing senior person. Finally, this bill would require the
law enforcement agency that initiates the missing senior
person alert to terminate the alert upon the location of the
missing senior person."
2)H.R. 632 : On February 9, 2009, the House of Representatives
passed H.R. 632, which directs DOJ to establish a national
communications network to assist efforts to locate missing
senior citizens and authorizes such sums to carry out the
network. H.R. 632 also establishes a national coordinator for
the network to work with states to develop local Silver Alert
plans and establish voluntary guidelines. The coordinator
must consult with various entities including the Federal
Communications Commission, and state and local law
enforcement. Additionally, the coordinator must report to
Congress annually on the status and effectiveness of State
Silver Alert plans. H.R. 632 authorizes the appropriation of
$10 million annually over the 2009-2013 period for DOJ to make
grants to states for activities to support the network (known
as the Silver Alert program).
H.R. 632 reauthorizes a program where the Attorney General (AG)
may make competitive grants to organizations for the purpose
of maintaining a national, interconnected resource center and
clearinghouse for missing adults (also known as "Kristen's
Act"). Grants may also be used to train agencies and
organizations, provide assistance to families, and assist in
public notification efforts. The AG must also coordinate
federally funded programs and encourage coordination between
state and local law enforcement, public agencies, and
nonprofits which receive grants. Four million dollars is
authorized for each year over the 2010-2020 period for this
purpose.
SB 38
Page 6
The idea behind H.R. 632 is that each year thousands of older
adults in the United States are missing as a result of foul
play or conditions such as dementia or Alzheimer's disease.
Such conditions often have the effect of leaving victims
disoriented and confused. It is estimated that over five
million Americans suffer from Alzheimer's, and 60% of these
persons are likely to wander from their homes. The
Alzheimer's Foundation of America states that 50% of such
wanderers risk illness, injury, or death if not located within
24 hours.
Currently, at least eight states (including Texas, Michigan,
Illinois, and California) have developed programs and laws to
locate missing adults. Kristen's Act was enacted in 2000 to
create a national database to search for missing adults as a
result of foul play. The law is named after Kristen
Modafferi, an 18-year-old Charlotte, North Carolina resident
who vanished in June 1997. The National Center for Missing
and Exploited Children was unable to help her family search
for Kristen because she was 18 and, thus, considered an adult.
3)EAS for Missing Children A.K.A. "Amber Alert" : Existing law
creates an emergency alert system for law enforcement to alert
the public when a child or adult has been abducted and is
believed to be in imminent danger, commonly known as the
"Amber Alert" system. The CHP, along with DOJ and law
enforcement groups, created the policies that set forth how
and when the alert system is activated.
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 100 children since it was
established statewide in California on July 31, 2002." [CHP,
Help save a child's life. Every second counts. (Jan. 2003)
(as of
June 12, 2009).]
4)Argument in Support : According to the Alzheimer's
Association , "More than 588,000 Californians currently suffer
SB 38
Page 7
from Alzheimer's disease - this number is expected to double
by 2030 to more than 1.1 million as baby boomers age. Six out
of 10 people with Alzheimer's will wander from their homes or
caregiving facilities at some point as the disease progresses.
While they are usually on foot and are found within 1.5 miles
of home, 50% risk serious injury or death if not found within
the first 24 hours. Exposure and other environmental dangers
pose serious threats to them because they may not remember
when to eat and drink or have the ability to protect
themselves from extreme weather or ask for help.
"SB 38 has a number of provisions that will ensure California's
Silver Alert system is effective:
a) "Does not require proof of diagnose of dementia,
Alzheimer's disease, or other mental impairments.
Alzheimer's continues to be under-reported and under
diagnosed, especially among racial/ethnic populations.
Often when there is a diagnosis, it may not be disclosed to
the family.
b) "Activates the alert within an appropriate local area,
thus resources can be used most efficiently.
c) "Involves all levels of law enforcement in developing
policies and regulations.
"More than half the states have enacted or are considering
legislation to establish a Silver Alert System, all with
varying criteria for triggering alerts. The Association
supports a system that does not set an age criteria, since
Alzheimer's is increasingly being diagnosed earlier in the
disease and at a younger age. Based on Alzheimer's Disease
Facts and Figures in California: Current Status and Future
Projections, which the Association released in February 2009,
of the 588,208 Californians age 55 and over with Alzheimer's,
32,087 are between the ages of 55 and 64. While wandering is
less likely to occur in the early stags of the disease, it
would be unfortunate for a family to be denied access to the
Silver Alert System to locate a missing family member who
otherwise qualifies and is at risk of serious injury or death
solely because they are not 65.
"Including several other elements would ensure the California
system is comprehensive and most effective: first-responder
SB 38
Page 8
support and training; coordinate search efforts between
families, caregivers, and local authorities; and
interoperation with the MedicAlert-Safe Return program, a
nationwide identification, support and enrollment program
providing assistance to adult wanderers and their families."
5)Arguments in Opposition :
a) According to the Department of Finance , "First initiated
in 1999 as a regional program, California initiated a
statewide AMBER alert program in 2002. The CHP has
received 403 requests for AMBER alerts, resulting in 136
activations since January of 2003. The program has
assisted in recovering over 100 children since 2002.
"CHP indicates that 11 states currently have some form of an
emergency alert system for seniors who have mental or other
disabilities. CHP believes that this bill lacks necessary
authority for law enforcement to evaluate the potential
risk to the missing person before activating an alert. CHP
and local law enforcement make this type of an evaluation
prior to activating AMBER alerts. CHP estimates the number
of Silver Alerts could be double the number of AMBER alerts
under this bill's criteria. . . .
"CHP indicates that the cost to activate 24 AMBER alerts in
2008 was $1,099,000 for an average cost of $45,800. CHP
further estimates that there may be twice as many Silver
Alerts, with costs estimated at $2.2 million annually.
"Section 6 of Article XII B of the California Constitution
requires the state to reimburse local governments when it
mandates a new program or higher level of service with
certain exceptions. Although the bill directs local
agencies to use existing state or federal funds to carry
its provisions, the mandate would still be reimbursable.
This bill requires that local law enforcement activate the
newly created Silver Alert system if the conditions of this
bill are met. Although some activations may already be
required under the existing AMBER alert system if a senior
with a mental disability is been abducted, SB 38 expands
the requirement for activating the Silver Alert system to
any missing senior with an impaired mental condition."
b) According to the CHP , "When looking at and comparing the
SB 38
Page 9
exiting AMBER alert Government Code (GC) section and the
proposed Silver Alert Legislation, the term 'victim' is not
mentioned in SB 38. Section 8594 GC language is about
'safely recovering the victim'; SB 38 discusses locating a
missing person. AMBER Alerts are intended to engage the
public, multiple law enforcement agencies, and private
sector resources in order to save a victim of crime. SB 38
would require the same response and resources for an
incident that does not involve a crime. California's
criteria also allows for AMBER Alerts to be activated for
abducted victims with mental or physical disabilities,
regardless of age. By enacting the Silver Alert criteria,
an emergency 'condition' could be created where one does
not necessarily exist.
"Additionally, the legislation would decrease the
effectiveness of the AMBER Alert System as a result of the
system being overused. This could diminish the
effectiveness of the EAS. An increase in EAS activations
would result in the public becoming desensitized to actual
emergencies. This could negatively affect and impact the
recovery rates of abducted children.
"Currently, the CHP receives no specific funding for AMBER
Alert related responsibilities, and the same would be true
if the Silver Alert program was to be implemented. The
provisions of this bill would likely require the CHP to
increase staffing levels."
6)Prior Legislation :
a) AB 415 (Runner), Chapter 517, Statutes of 2002, required
law enforcement agencies to use EAS to assist in the
recovery efforts of child abduction cases.
b) HR 8 (Runner), of the 2001-2002 Legislative Session,
asked the Governor and the Office of Emergency Services to
implement the use of the emergency broadcast system into
the Child Abduction Regional Emergency (CARE) Alert Program
to establish a program similar to the Amber Plan, Texas'
early-warning system to prevent child kidnappings. HR 8
was read and adopted.
c) SB 6 (Rainey), Chapter 570, Statutes of 1999, authorized
an increase in the age at which local police and
SB 38
Page 10
sheriff's departments would be required to broadcast a
missing persons bulletin in its jurisdiction, without
delay, from under age 12 to under age 16.
REGISTERED SUPPORT / OPPOSITION :
Support
Alzheimer's Association
American Association of Retired Persons of California
American Federation of State, County
and Municipal Employees
Area Agency on Aging of Lake and Mendocino Counties PSA 26
Area Agency on Aging for San Luis Obispo
and Santa Barbara Counties
California Alliance for Retired Americans
California Assisted Living Association
California Senior Legislature
California State Emergency Communications Committee
California State Employees Association
City Council of the City of Riverside
Congress of California Seniors
Contra Costa County Advisory Council on Aging
Family Caregiver Alliance
National Association of Social Workers, California Chapter
Older Women's League of California
On Lok Senior Health Services
Pathways
Sacramento Gray Panthers
San Jose Police Officers' Association
One private individual
Opposition
Department of California Highway Patrol
Department of Finance
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744