(1) The
general assembly hereby finds that, in the case of a missing senior citizen, missing
person with developmental disabilities, or missing person with a dementia disease
and related disability, the first few hours are critical in finding the person. To aid in
the identification and location of missing persons, there is hereby created the
missing senior citizen, missing person with developmental disabilities, and missing
person with a dementia disease and related disability alert program, referred to in
this section as the program, to be implemented by the bureau. The program shall
be a coordinated effort among the bureau, local law enforcement agencies, and the
state's public and commercial television and radio broadcasters.
(2) For the purposes of this section:
(a) Missing person with a dementia disease and related disability means a
person:
(I) Whose whereabouts are unknown;
(II) Whose domicile at the time he or she is reported missing is Colorado;
(III) Who has a dementia disease or related disability, as defined in section
25-1-502 (2.5); and
(IV) Whose disappearance poses a credible threat to the safety and health of
the person, as determined by a local law enforcement agency.
(a.5) Missing person with developmental disabilities means a person:
(I) Whose whereabouts are unknown;
(II) Whose domicile at the time he or she is reported missing is Colorado;
(III) Who has a verified developmental disability; and
(IV) Whose disappearance poses a credible threat to the safety and health of
himself or herself, as determined by a local law enforcement agency.
(b) Missing senior citizen means a person:
(I) Whose whereabouts are unknown;
(II) Whose domicile at the time he or she is reported missing is Colorado;
(III) Whose age at the time he or she is first reported missing is sixty years of
age or older and who has a verified impaired mental condition; and
(IV) Whose disappearance poses a credible threat to the safety and health of
the person, as determined by a local law enforcement agency.
(3) (a) The bureau shall implement the program as provided in this
subsection (3) and pursuant to rules promulgated as provided in subsection (4) of
this section.
(b) (I) When a local law enforcement agency receives notice that a senior
citizen or person with a dementia disease and related disability is missing, the
agency shall require the person's family or legal guardian to provide documentation
of the person's impaired mental condition. The agency may follow a procedure
established by rule to verify the person is missing and has an impaired mental
condition. Once the local law enforcement agency verifies the person is missing and
has a verified impaired mental condition, the local law enforcement agency may
notify the bureau.
(II) When a local law enforcement agency receives notice that a person with
developmental disabilities is missing, the agency shall require the family, legal
guardian, or service provider of the missing person with developmental disabilities
to provide documentation of the person's developmental disability. The agency may
follow a procedure established by rule to verify the person is missing and has a
developmental disability. Once the local law enforcement agency verifies the
person with developmental disabilities is missing, the local law enforcement
agency may notify the bureau.
(c) When notified by a local law enforcement agency that a senior citizen or
person with a dementia disease and related disability is missing and has a verified
impaired mental condition, or a person with documented developmental disabilities
is missing, the bureau shall confirm the accuracy of the information and then issue
an alert.
(d) The alert shall be sent to designated media outlets in Colorado.
Participating radio stations, television stations, and other media outlets may issue
the alert at designated intervals as specified by rule.
(e) The alert shall include all appropriate information from the local law
enforcement agency that may assist in the safe recovery of the missing person and
a statement instructing anyone with information related to the missing person to
contact his or her local law enforcement agency.
(f) The alert shall be canceled upon bureau notification that the missing
person has been found or at the end of the notification period, whichever occurs
first. A local law enforcement agency that locates a missing person who is the
subject of an alert shall notify the bureau as soon as possible that the missing
person has been located.
(4) The executive director of the department of public safety shall
promulgate rules in accordance with the State Administrative Procedure Act,
article 4 of this title 24, for the implementation of the program. The rules shall
include, but need not be limited to:
(a) Procedures for a local law enforcement agency to use to verify whether a
senior citizen, person with developmental disabilities, or person with a dementia
disease and related disability is missing and to verify whether a senior citizen or
person with a dementia disease and related disability has an impaired mental
condition or whether a person has a developmental disability and the circumstances
under which the agency shall report the missing person to the bureau;
(b) The process to be followed by the bureau in confirming the local law
enforcement agency's information;
(c) The process for reporting the information to designated media outlets in
Colorado; and
(d) Any additional processes concerning implementation of the program.