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A00676 Summary:

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A00676 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         676--B
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  M. of A. MAGNARELLI, GUNTHER, ZEBROWSKI, REILLY, ABBATE,
          DINOWITZ,  TITONE,  JAFFEE,  MENG,  TITUS,  BOYLAND,  SPANO,  LUPARDO,
          P. RIVERA  --  Multi-Sponsored  by  --  M.  of  A.  BRENNAN,  BRONSON,
          BROOK-KRASNY, GLICK, GOTTFRIED, KELLNER, McENENY, O'DONNELL,  RUSSELL,

          SCHIMEL,  SWEENEY, WEISENBERG -- read once and referred to the Commit-
          tee on Aging -- reported and referred to the  Committee  on  Codes  --
          reported  and referred to the Committee on Ways and Means -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments, ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the executive law, in relation to creating the missing
          vulnerable adults clearinghouse
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  executive  law  is  amended  by adding a new section
     2  837-f-1 to read as follows:
     3    § 837-f-1. Missing vulnerable adults clearinghouse.  There  is  hereby

     4  established  within  the  division a missing vulnerable adults clearing-
     5  house to provide a comprehensive and coordinated approach to the problem
     6  of missing vulnerable adults.
     7    1. For purposes of this section:
     8    (a) "Vulnerable adult" shall mean an individual eighteen years of  age
     9  or  older  who  has  a cognitive impairment, mental disability, or brain
    10  disorder and whose disappearance has been determined by law  enforcement
    11  to pose a creditable threat of harm to such missing individual.
    12    (b)  "Missing  vulnerable  adult alert" shall mean a method to dissem-
    13  inate information regarding a missing vulnerable adult  to  the  general
    14  public  in  a manner consistent with paragraph (n) of subdivision two of
    15  this section.

    16    2. The commissioner shall be authorized to:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03273-08-1
        A. 676--B                           2
 
     1    (a) plan and implement programs to ensure the most  effective  use  of
     2  federal,  state,  and  local  resources  in the investigation of missing
     3  vulnerable adults;
     4    (b) disseminate a directory of resources to assist in locating missing
     5  vulnerable adults;
     6    (c)  cooperate with the department of health, office of mental health,
     7  office for people with developmental disabilities, office for the aging,

     8  and other public and private  organizations  to  develop  education  and
     9  prevention programs concerning the safety of vulnerable adults;
    10    (d)  assist federal, state, and local agencies in the investigation of
    11  cases involving missing vulnerable adults;
    12    (e) utilize available resources to duplicate photographs  and  posters
    13  of  vulnerable adults reported as missing by police and disseminate this
    14  information throughout the state;
    15    (f) provide assistance in returning missing vulnerable adults who  are
    16  located out of state;
    17    (g) develop a curriculum for the training of law enforcement personnel
    18  investigating  cases  involving  missing  vulnerable  adults,  including
    19  recognition and management of vulnerable adults;

    20    (h) operate a toll-free twenty-four hour hotline for the public to use
    21  to relay information concerning missing vulnerable adults;
    22    (i) establish a  case  database  that  shall  include  non-identifying
    23  information on reported missing vulnerable adults and facts developed in
    24  the  phases  of  a  search;  and  analyze  such data for the purposes of
    25  assisting law enforcement in their  current  investigations  of  missing
    26  vulnerable  adults, developing prevention programs and increasing under-
    27  standing of the nature and extent of the problem;
    28    (j) prescribe general guidelines to enable state agencies to assist in
    29  the location and recovery of missing vulnerable adults.  The  guidelines
    30  shall provide information relating to:

    31    (i)  the form and manner in which materials and information pertaining
    32  to missing vulnerable adults, including, but not limited  to,  biograph-
    33  ical  data  and pictures, sketches, or other likenesses, may be included
    34  in stationary, newsletters, and other written or  electronic  printings,
    35  provided  such  guidelines  are  consistent  with  paragraph (n) of this
    36  subdivision;
    37    (ii) appropriate sources from which such materials and information may
    38  be obtained;
    39    (iii) the procedures by which such materials and  information  may  be
    40  obtained; and
    41    (iv) any other matter the clearinghouse may deem important;
    42    (k)  maintain  and  make  available to appropriate state and local law

    43  enforcement agencies information concerning technological advances  that
    44  may assist in facilitating the recovery of missing vulnerable adults;
    45    (l)  take  such  other  steps  as  necessary  to  assist in education,
    46  prevention, service provision,  and  investigation  of  cases  involving
    47  missing vulnerable adults;
    48    (m)  (i)  In  consultation with the division of state police and other
    49  appropriate agencies, develop, regularly update,  and  distribute  model
    50  missing  vulnerable  adult  prompt response and notification plans. Such
    51  plans shall be available for use by local communities and  law  enforce-
    52  ment personnel, and shall involve a proactive, coordinated response that
    53  may be promptly triggered by law enforcement personnel upon confirmation

    54  by  a  police  officer, peace officer, or police agency of a report of a
    55  missing vulnerable adult, as defined in subdivision one of this section.
        A. 676--B                           3
 
     1    (ii) Such plans shall, at a minimum, provide that: (A) the name of the
     2  missing vulnerable adult, a description of the missing  individual,  and
     3  other  pertinent  information may be promptly dispatched over the police
     4  communication system  pursuant  to  subdivision  three  of  section  two
     5  hundred  twenty-one  of  this chapter; (B) such information may be imme-
     6  diately provided, in a manner consistent  with  paragraph  (n)  of  this
     7  subdivision,  both  (1)  orally,  electronically, or by facsimile trans-

     8  mission to one or more radio stations and other broadcast media  outlets
     9  serving  the  community  including,  but  not limited to, those who have
    10  voluntarily agreed in  advance  to  promptly  notify  other  such  radio
    11  stations and broadcast media outlets in like manner and (2) by electron-
    12  ic mail message to one or more internet service providers and commercial
    13  mobile service providers serving the community including, but not limit-
    14  ed to, those which have voluntarily agreed in advance to promptly notify
    15  other  such internet service providers in like manner; (C) participating
    16  radio stations and other participating broadcast media  outlets  serving
    17  the  community  may  voluntarily  agree  to promptly broadcast a missing

    18  vulnerable adult alert providing pertinent details concerning the  miss-
    19  ing  vulnerable adult's disappearance, breaking into regular programming
    20  where appropriate; (D)  participating  internet  service  providers  and
    21  commercial  mobile service providers serving the community may voluntar-
    22  ily agree to promptly provide  by  electronic  mail  message  a  missing
    23  vulnerable  adult alert providing pertinent details concerning the miss-
    24  ing vulnerable adult's disappearance; (E) police agencies not  connected
    25  with  the  basic police communication system in use in such jurisdiction
    26  may transmit such information to the nearest or  most  convenient  elec-
    27  tronic  entry  point,  from which point it may be promptly dispatched in

    28  conformity with the orders, rules, or regulations governing the  system;
    29  (F)  a statewide response may be initiated as soon as the division deems
    30  it is necessary to find the missing vulnerable adult.  Such a  plan  may
    31  not require the issuance of an alert if the investigating police depart-
    32  ment,  in  its  discretion, advises that the release of such information
    33  may jeopardize the investigation or the safety of the missing vulnerable
    34  adult or the investigating police department  requests  forbearance  for
    35  any reason.
    36    (iii) The commissioner shall also designate a unit within the division
    37  that  shall assist law enforcement agencies and representatives of radio
    38  stations, broadcast  media  outlets,  internet  service  providers,  and

    39  commercial  mobile  service providers in the design, implementation, and
    40  improvement of missing vulnerable adult response and notification plans.
    41  Such unit shall make ongoing outreach efforts to local government  enti-
    42  ties  and  local  law  enforcement  agencies to assist such entities and
    43  agencies in the implementation and operation of such plans with the goal
    44  of implementing and operating such plans in every  jurisdiction  in  New
    45  York state.
    46    (n)  disseminate  specific medical information about a missing vulner-
    47  able adult to the extent that such medical information indicates a phys-
    48  ical quality or behavioral trait that is readily apparent  and  contrib-
    49  utes  to  a physical or behavioral description of the missing vulnerable

    50  adult, provided that more extensive information relating to the  missing
    51  vulnerable  adult's  medical  diagnosis and condition may be provided to
    52  law enforcement personnel as needed.
    53    3. The commissioner shall submit an annual report to the governor  and
    54  legislature  regarding  the  activities of the missing vulnerable adults
    55  clearinghouse,  including  statistical  information  involving  reported
    56  cases  of  missing  vulnerable  adults  and  a summary of the division's
        A. 676--B                           4
 
     1  efforts with respect to the activities authorized under subdivision  two
     2  of this section.
     3    §  2.  Subdivision  7 of section 838 of the executive law, as added by

     4  chapter 670 of the laws of 1982, is amended and two new subdivisions  10
     5  and 11 are added to read as follows:
     6    7.  (a)  When a person previously reported missing has been found, the
     7  superintendent of state police, sheriff, chief  of  police,  coroner  or
     8  medical  examiner,  or  other  law enforcement authority shall erase all
     9  records with respect to such person and/or destroy any  documents  which
    10  are maintained pursuant to this section and shall report to the division
    11  that  the  person has been found and that the records and documents have
    12  been so erased or destroyed. After receiving such a report, the division
    13  shall erase all records with respect to such person and/or  destroy  any
    14  documents which are maintained pursuant to this section.
    15    (b) Nothing in paragraph (a) of this subdivision shall be construed as

    16  prohibiting  law enforcement agencies from maintaining case files relat-
    17  ing to vulnerable adults, as defined in section  eight  hundred  thirty-
    18  seven-f-one, who were reported missing, provided, however, that any DNA,
    19  fingerprints and/or dental records acquired in the course of such inves-
    20  tigation  shall  be erased and/or destroyed in accordance with paragraph
    21  (a) of this subdivision after the person previously reported missing has
    22  been found.
    23    (c) (i) Notwithstanding the provisions of paragraph (a) of this subdi-
    24  vision, if a vulnerable adult, as defined  in    section  eight  hundred
    25  thirty-seven-f-one of this article, previously reported missing has been
    26  found,  the division shall maintain a sealed record of the case file for

    27  a period of ten years, after which it shall be erased and/or  destroyed.
    28  The sealed record shall be unsealed if the individual to whom the record
    29  pertains  is  reported missing on a subsequent occasion or if needed for
    30  evidentiary purposes in any civil litigation against the division or its
    31  personnel that arises from the investigation.   However,  in  the  event
    32  that  there  are grounds for a criminal action arising from the investi-
    33  gation, nothing in this subdivision shall be interpreted as  prohibiting
    34  the  division  from  allowing such records to remain unsealed until such
    35  criminal action is concluded or otherwise resolved.
    36    (ii) The division shall establish rules and  regulations  relating  to

    37  the unsealing of records. Such rules and regulations shall require that,
    38  pursuant to subparagraph (i) of this paragraph, the process of unsealing
    39  such records shall take no longer than two hours from the time the divi-
    40  sion  receives  a  report  that  a vulnerable adult, for whom there is a
    41  previous record, is missing.
    42    10. Notwithstanding any other provision of law,  no  criminal  justice
    43  agency  shall  establish or maintain any policy that requires the obser-
    44  vance of a waiting period before accepting and investigating a report of
    45  a missing vulnerable adult as defined in section eight  hundred  thirty-
    46  seven-f-one  of  this  article. Upon receipt of a report of such missing

    47  vulnerable adult, criminal justice agencies shall make entries  of  such
    48  report in the manner provided by subdivision eleven of this section.
    49    11.  Whenever  a criminal justice agency determines that a person is a
    50  missing vulnerable adult, as defined in section  eight  hundred  thirty-
    51  seven-f-one  of  this article, or that an unidentified living person may
    52  be a missing vulnerable adult, such criminal justice agency shall  enter
    53  the  report  of such missing vulnerable adult in any database of missing
    54  persons maintained by the division and the federal government.
    55    § 3. The provisions of this act shall not be construed to limit in any
    56  way the authority of a municipality to enact, implement, and continue to
        A. 676--B                           5
 

     1  enforce local laws and regulations relating to an alert system to locate
     2  missing individuals that were in effect prior to the effective  date  of
     3  this  act,  or  to  enact, implement, and enforce any amendments thereto
     4  after the effective date of this act.
     5    § 4. Severability. If any clause, sentence, paragraph, section or part
     6  of  this act shall be adjudged by any court of competent jurisdiction to
     7  be invalid and after exhaustion of  all  further  judicial  review,  the
     8  judgment  shall  not affect, impair or invalidate the remainder thereof,
     9  but shall be confined in its operation to the  clause,  sentence,  para-
    10  graph,  section or part of this act directly involved in the controversy
    11  in which the judgment shall have been rendered.
    12    § 5. This act shall take effect on the ninetieth day  after  it  shall

    13  have  become  law.  Effective  immediately, the addition, amendment, and
    14  repeal of any rule or regulation necessary  for  the  implementation  of
    15  this  act  on  its effective date are authorized and directed to be made
    16  and completed on or before such effective date.