§ 837-F-1 — Missing vulnerable adults clearinghouse

New York § 837-F-1

• Jurisdiction: New York
• Law EXC: Executive
• Art. 35: Division of Criminal Justice Services

Text

§ 837-f-1. Missing vulnerable adults clearinghouse. There is hereby\nestablished within the division a missing vulnerable adults\nclearinghouse to provide a comprehensive and coordinated approach to the\nproblem of missing vulnerable adults.\n 1. For purposes of this section:\n (a) "Vulnerable adult" shall mean an individual eighteen years of age\nor older who has a cognitive impairment, mental disability, or brain\ndisorder and whose disappearance has been determined by law enforcement\nto pose a creditable threat of harm to such missing individual.\n (b) "Missing vulnerable adult alert" shall mean a method to\ndisseminate information regarding a missing vulnerable adult to the\ngeneral public in a manner consistent with paragraph (n) of subdivision\ntwo of this section.\n 2. The commissioner shall be authorized to:\n (a) plan and implement programs to ensure the most effective use of\nfederal, state, and local resources in the investigation of missing\nvulnerable adults;\n (b) disseminate a directory of resources to assist in locating missing\nvulnerable adults;\n (c) cooperate with the department of health, office of mental health,\noffice for people with developmental disabilities, office for the aging,\nand other public and private organizations to develop education and\nprevention programs concerning the safety of vulnerable adults;\n (d) assist federal, state, and local agencies in the investigation of\ncases involving missing vulnerable adults;\n (e) utilize available resources to duplicate photographs and posters\nof vulnerable adults reported as missing by police and disseminate this\ninformation throughout the state;\n (f) provide assistance in returning missing vulnerable adults who are\nlocated out of state;\n (g) develop a curriculum for the training of law enforcement personnel\ninvestigating cases involving missing vulnerable adults, including\nrecognition and management of vulnerable adults;\n (h) operate a toll-free twenty-four hour hotline for the public to use\nto relay information concerning missing vulnerable adults;\n (i) establish a case database that shall include non-identifying\ninformation on reported missing vulnerable adults and facts developed in\nthe phases of a search; and analyze such data for the purposes of\nassisting law enforcement in their current investigations of missing\nvulnerable adults, developing prevention programs and increasing\nunderstanding of the nature and extent of the problem;\n (j) prescribe general guidelines to enable state agencies to assist in\nthe location and recovery of missing vulnerable adults. The guidelines\nshall provide information relating to:\n (i) the form and manner in which materials and information pertaining\nto missing vulnerable adults, including, but not limited to,\nbiographical data and pictures, sketches, or other likenesses, may be\nincluded in stationary, newsletters, and other written or electronic\nprintings, provided such guidelines are consistent with paragraph (n) of\nthis subdivision;\n (ii) appropriate sources from which such materials and information may\nbe obtained;\n (iii) the procedures by which such materials and information may be\nobtained; and\n (iv) any other matter the clearinghouse may deem important;\n (k) maintain and make available to appropriate state and local law\nenforcement agencies information concerning technological advances that\nmay assist in facilitating the recovery of missing vulnerable adults;\n (l) take such other steps as necessary to assist in education,\nprevention, service provision, and investigation of cases involving\nmissing vulnerable adults;\n (m) (i) In consultation with the division of state police and other\nappropriate agencies, develop, regularly update, and distribute model\nmissing vulnerable adult prompt response and notification plans. Such\nplans shall be available for use by local communities and law\nenforcement personnel, and shall involve a proactive, coordinated\nresponse that may be promptly triggered by law enforcement personnel\nupon confirmation by a police officer, peace officer, or police agency\nof a report of a missing vulnerable adult, as defined in subdivision one\nof this section.\n (ii) Such plans shall, at a minimum, provide that: (A) the name of the\nmissing vulnerable adult, a description of the missing individual, and\nother pertinent information may be promptly dispatched over the police\ncommunication system pursuant to subdivision three of section two\nhundred twenty-one of this chapter; (B) such information may be\nimmediately provided, in a manner consistent with paragraph (n) of this\nsubdivision, both (1) orally, electronically, or by facsimile\ntransmission to one or more radio stations and other broadcast media\noutlets serving the community including, but not limited to, those who\nhave voluntarily agreed in advance to promptly notify other such radio\nstations and broadcast media outlets in like manner and (2) by\nelectronic mail message to one or more internet service providers and\ncommercial mobile service providers serving the community including, but\nnot limited to, those which have voluntarily agreed in advance to\npromptly notify other such internet service providers in like manner;\n(C) participating radio stations and other participating broadcast media\noutlets serving the community may voluntarily agree to promptly\nbroadcast a missing vulnerable adult alert providing pertinent details\nconcerning the missing vulnerable adult's disappearance, breaking into\nregular programming where appropriate; (D) participating internet\nservice providers and commercial mobile service providers serving the\ncommunity may voluntarily agree to promptly provide by electronic mail\nmessage a missing vulnerable adult alert providing pertinent details\nconcerning the missing vulnerable adult's disappearance; (E) police\nagencies not connected with the basic police communication system in use\nin such jurisdiction may transmit such information to the nearest or\nmost convenient electronic entry point, from which point it may be\npromptly dispatched in conformity with the orders, rules, or regulations\ngoverning the system; (F) a statewide response may be initiated as soon\nas the division deems it is necessary to find the missing vulnerable\nadult. Such a plan may not require the issuance of an alert if the\ninvestigating police department, in its discretion, advises that the\nrelease of such information may jeopardize the investigation or the\nsafety of the missing vulnerable adult or the investigating police\ndepartment requests forbearance for any reason.\n (iii) The commissioner shall also designate a unit within the division\nthat shall assist law enforcement agencies and representatives of radio\nstations, broadcast media outlets, internet service providers, and\ncommercial mobile service providers in the design, implementation, and\nimprovement of missing vulnerable adult response and notification plans.\nSuch unit shall make ongoing outreach efforts to local government\nentities and local law enforcement agencies to assist such entities and\nagencies in the implementation and operation of such plans with the goal\nof implementing and operating such plans in every jurisdiction in New\nYork state.\n (n) disseminate specific medical information about a missing\nvulnerable adult to the extent that such medical information indicates a\nphysical quality or behavioral trait that is readily apparent and\ncontributes to a physical or behavioral description of the missing\nvulnerable adult, provided that more extensive information relating to\nthe missing vulnerable adult's medical diagnosis and condition may be\nprovided to law enforcement personnel as needed.\n 3. The commissioner shall submit an annual report to the governor and\nlegislature regarding the activities of the missing vulnerable adults\nclearinghouse, including statistical information involving reported\ncases of missing vulnerable adults and a summary of the division's\nefforts with respect to the activities authorized under subdivision two\nof this section.\n