BILL ANALYSIS
SB 38
Page 1
Date of Hearing: July 1, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 38 (Alquist) - As Amended: May 28, 2009
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires the California Highway Patrol (CHP) to
develop policies regarding a missing senior persons alert
program. Specifically, this bill:
1)Requires that by January 1, 2011, the CHP, in consultation
with the Department of Justice, the California Emergency
Management Agency, the California State Emergency
Communications Committee, the California Broadcasters
Association, the California Peace Officers' Association, the
California Police Chiefs Association, and the California State
Sheriffs' Association, shall develop policies and procedures
to instruct law enforcement agencies, other emergency
agencies, radio and television broadcasters, and other media
outlets on the implementation of a missing senior person (over
age 65) alert.
2)Requires, if a law enforcement agency receives a report of a
missing senior with an impaired mental condition, and there is
information that could help recover the senior, the agency to
implement the policies and procedures for the implementation
of a missing senior person alert developed pursuant to this
bill. If these policies have not yet been developed, the
agency shall undertake appropriate alert measures, as
specified, to disseminate information that helps recover the
missing senior.
3)Authorizes law enforcement agencies to request the CHP to
activate the Emergency Alert System (EAS) within the
appropriate local or regional area to disseminate information
that could help recover a senior who has been missing for over
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24 hours or is likely to be in a vehicle.
4)Requires a law enforcement agency that initiates a missing
senior alert to inform the public within the area of the alert
when the missing person is located.
5)Specifies this section shall become operative only upon state
receipt of federal funding for the purpose of implementing a
missing senior person alert system, as certified to by the
CHP.
FISCAL EFFECT
1)One-time significant costs, likely in excess of $500,000, for
CHP to develop policies and procedures and provide training to
local law enforcement agencies. These costs assume the need
for three personnel years, significant informational
technology enhancements, and materials. A preliminary
evaluation by CHP indicates this estimate could be low.
2)Ongoing, presumably state-reimbursable local mandate costs,
potentially in the hundreds of thousands of dollars statewide,
for local law enforcement procedures and practices specified
by this bill.
3)To the extent this bill leads to the use of an emergency alert
system similar to the Amber Alert system, there would be
reimbursable annual local law enforcement costs, potentially
in the range of $2 million, based on an average cost of about
$45,000 per Amber Alert and assuming 50 alerts per year.
4)This bill specifies that it becomes operative only upon state
receipt of federal funds for the purpose of "implementing a
missing senior person alert system." CHP is unaware of any
pending grants for this purpose. Should federal funding become
available, ongoing state-reimbursable local law enforcement
costs would not be covered.
COMMENTS
1)Rationale . The author's intent is to create an alert system,
similar to Amber Alerts for missing children, for seniors with
impaired mental facilities.
Current law provides for an emergency alert system - commonly
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known as the Amber Alert system - for law enforcement to alert
the public when a child under the age of 17 or an adult with a
proven mental or physical disability, has been abducted and is
in imminent danger of serious injury, and there is information
available that, if disseminated to the general public, could
assist in the safe recovery of the victim. The CHP, along with
DOJ and law enforcement groups, created the policies that
determine how and when the alert system is activated.
The intent of this bill is to create an alert system for
seniors that does not require abduction and imminent danger of
injury.
According to the author, "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 recovered within 24
hours by developing a Silver Alert plan for California."
According to the CHP website, "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."
2)Federal Legislation , S. 57 and H.R. 632 encourage and enhance
Silver Alert plans throughout the U.S., and authorize grants
to find missing adults. Both measures are pending in Senate
Judiciary.
3)Concerns. The CHP and the Department of Finance opposed this
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bill in previous form, when it required development of a
Silver Alert system, similar to the existing Amber Alert
system. Both agencies raised fiscal concerns related to
ongoing expenditures. CHP also raised concerns regarding use
of the emergency alert system for incidents that do not
involve a crime, and the attendant potential for diminishing
the effectiveness of systems designed to save abducted
children.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081