N.Y. Executive Law § 837-f-1: Missing vulnerable adults clearinghouse

§ 837-f-1. Missing vulnerable adults clearinghouse. There is hereby

established within the division a missing vulnerable adults

clearinghouse to provide a comprehensive and coordinated approach to the

problem of missing vulnerable adults.

1. For purposes of this section:

(a) "Vulnerable adult" shall mean an individual eighteen years of age

or older who has a cognitive impairment, mental disability, or brain

disorder and whose disappearance has been determined by law enforcement

to pose a creditable threat of harm to such missing individual.

(b) "Missing vulnerable adult alert" shall mean a method to

disseminate information regarding a missing vulnerable adult to the

general public in a manner consistent with paragraph (n) of subdivision

two of this section.

2. The commissioner shall be authorized to:

(a) plan and implement programs to ensure the most effective use of

federal, state, and local resources in the investigation of missing

vulnerable adults;

(b) disseminate a directory of resources to assist in locating missing

vulnerable adults;

(c) cooperate with the department of health, office of mental health,

office for people with developmental disabilities, office for the aging,

and other public and private organizations to develop education and

prevention programs concerning the safety of vulnerable adults;

(d) assist federal, state, and local agencies in the investigation of

cases involving missing vulnerable adults;

(e) utilize available resources to duplicate photographs and posters

of vulnerable adults reported as missing by police and disseminate this

information throughout the state;

(f) provide assistance in returning missing vulnerable adults who are

located out of state;

(g) develop a curriculum for the training of law enforcement personnel

investigating cases involving missing vulnerable adults, including

recognition and management of vulnerable adults;

(h) operate a toll-free twenty-four hour hotline for the public to use

to relay information concerning missing vulnerable adults;

(i) establish a case database that shall include non-identifying

information on reported missing vulnerable adults and facts developed in

the phases of a search; and analyze such data for the purposes of

assisting law enforcement in their current investigations of missing

vulnerable adults, developing prevention programs and increasing

understanding of the nature and extent of the problem;

(j) prescribe general guidelines to enable state agencies to assist in

the location and recovery of missing vulnerable adults. The guidelines

shall provide information relating to:

(i) the form and manner in which materials and information pertaining

to missing vulnerable adults, including, but not limited to,

biographical data and pictures, sketches, or other likenesses, may be

included in stationary, newsletters, and other written or electronic

printings, provided such guidelines are consistent with paragraph (n) of

this subdivision;

(ii) appropriate sources from which such materials and information may

be obtained;

(iii) the procedures by which such materials and information may be

obtained; and

(iv) any other matter the clearinghouse may deem important;

(k) maintain and make available to appropriate state and local law

enforcement agencies information concerning technological advances that

may assist in facilitating the recovery of missing vulnerable adults;

(l) take such other steps as necessary to assist in education,

prevention, service provision, and investigation of cases involving

missing vulnerable adults;

(m) (i) In consultation with the division of state police and other

appropriate agencies, develop, regularly update, and distribute model

missing vulnerable adult prompt response and notification plans. Such

plans shall be available for use by local communities and law

enforcement personnel, and shall involve a proactive, coordinated

response that may be promptly triggered by law enforcement personnel

upon confirmation by a police officer, peace officer, or police agency

of a report of a missing vulnerable adult, as defined in subdivision one

of this section.

(ii) Such plans shall, at a minimum, provide that: (A) the name of the

missing vulnerable adult, a description of the missing individual, and

other pertinent information may be promptly dispatched over the police

communication system pursuant to subdivision three of section two

hundred twenty-one of this chapter; (B) such information may be

immediately provided, in a manner consistent with paragraph (n) of this

subdivision, both (1) orally, electronically, or by facsimile

transmission to one or more radio stations and other broadcast media

outlets serving the community including, but not limited to, those who

have voluntarily agreed in advance to promptly notify other such radio

stations and broadcast media outlets in like manner and (2) by

electronic mail message to one or more internet service providers and

commercial mobile service providers serving the community including, but

not limited to, those which have voluntarily agreed in advance to

promptly notify other such internet service providers in like manner;

(C) participating radio stations and other participating broadcast media

outlets serving the community may voluntarily agree to promptly

broadcast a missing vulnerable adult alert providing pertinent details

concerning the missing vulnerable adult's disappearance, breaking into

regular programming where appropriate; (D) participating internet

service providers and commercial mobile service providers serving the

community may voluntarily agree to promptly provide by electronic mail

message a missing vulnerable adult alert providing pertinent details

concerning the missing vulnerable adult's disappearance; (E) police

agencies not connected with the basic police communication system in use

in such jurisdiction may transmit such information to the nearest or

most convenient electronic entry point, from which point it may be

promptly dispatched in conformity with the orders, rules, or regulations

governing the system; (F) a statewide response may be initiated as soon

as the division deems it is necessary to find the missing vulnerable

adult. Such a plan may not require the issuance of an alert if the

investigating police department, in its discretion, advises that the

release of such information may jeopardize the investigation or the

safety of the missing vulnerable adult or the investigating police

department requests forbearance for any reason.

(iii) The commissioner shall also designate a unit within the division

that shall assist law enforcement agencies and representatives of radio

stations, broadcast media outlets, internet service providers, and

commercial mobile service providers in the design, implementation, and

improvement of missing vulnerable adult response and notification plans.

Such unit shall make ongoing outreach efforts to local government

entities and local law enforcement agencies to assist such entities and

agencies in the implementation and operation of such plans with the goal

of implementing and operating such plans in every jurisdiction in New

York state.

(n) disseminate specific medical information about a missing

vulnerable adult to the extent that such medical information indicates a

physical quality or behavioral trait that is readily apparent and

contributes to a physical or behavioral description of the missing

vulnerable adult, provided that more extensive information relating to

the missing vulnerable adult's medical diagnosis and condition may be

provided to law enforcement personnel as needed.

3. The commissioner shall submit an annual report to the governor and

legislature regarding the activities of the missing vulnerable adults

clearinghouse, including statistical information involving reported

cases of missing vulnerable adults and a summary of the division's

efforts with respect to the activities authorized under subdivision two

of this section.