BILL ANALYSIS �
SB 1047
Page 1
Date of Hearing: August 8, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1047 (Alquist) - As Amended: May 25, 2012
Policy Committee: Public
SafetyVote:4-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill authorizes a law enforcement agency to request that
the California Highway Patrol (CHP) activate a Silver Alert if a
person 65 years of age or older is missing under specified
conditions. Specifically, this bill:
1)States a law enforcement agency may request a Silver Alert 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 there are
suspicious circumstances.
d) The law enforcement agency believes that the person is
in danger.
e) Information exists could assist in the recovery of the
missing person.
2)Defines a Silver Alert as a notification system designed to
coordinate alerts with respect to a person 65 years of age or
older who is reported missing.
3)Requires the CHP, upon activation of a Silver Alert, to assist
the investigating law enforcement agency by issuing a
be-on-the-lookout (BOLO), an Emergency Digital Information
Service (EDIS) message, or an electronic flyer.
4)Sunsets January 1, 2016.
SB 1047
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FISCAL EFFECT
One-time special fund costs, potentially in excess of $150,000,
for CHP to develop policies and procedures regarding Silver
Alerts. These costs assume informational technology
enhancements, and materials.
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
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, it is not uncommon for seniors with
dementia to wander from their homes or long-term care
facilities, often without knowing their own name or address
and sometimes missing life-sustaining medications. While many
are intercepted by caregivers or neighbors, some are not as
fortunate.
2)Concerns. The CHP and the Department of Finance opposed
similar legislation (SB 38, 2009), when it required
development of a Silver Alert system. Both agencies raised
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.
While SB 1047 does not require development of a Silver Alert
system, it does require CHP to activate a Silver Alert if so
SB 1047
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requested by local law enforcement.
The author may wish to consider authorizing CHP to activate a
Silver Alert if it concurs with the request of a local law
enforcement agency, rather than requiring CHP to respond to
any local request.
3)Similar legislation , SB 38 (Alquist), 2009, which required
development and implementation of a Silver Alert system, was
held on this committee's Suspense File.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081