Chapter 116

2009 -- H 5253

Enacted 07/16/09

                                                                                           

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - STATE POLICE     

     

     Introduced By: Representatives Ajello, McNamara, Corvese, Handy, and Serpa

     Date Introduced: January 29, 2009  

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 42-28-3.3 of the General Laws in Chapter 42-28 entitled "State

Police" is hereby amended to read as follows:

 

     42-28-3.3. Senior citizen alert. -- (a) The general assembly hereby finds that, in the case

of a missing senior citizen, the first few hours are critical in finding such senior citizen, and that

the implementation of a Missing Senior Citizen Alert program is necessary for the immediate

preservation of the public peace, health, and safety.

      (b) The division of state police, in consultation with other appropriate agencies,

including without limitation, the Rhode Island department of health, shall develop a voluntary

partnership among law enforcement agencies, media outlets and other appropriate entities to send

out emergency alerts entitled the "Missing Senior Citizen Alert Program."

      (c) For purposes of section 42-28-3.3 and section 42-28-3.4, a "Missing Senior Citizen"

means a person:

      (i) Whose whereabouts are unknown;

      (ii) Whose domicile at the time he or she is reported missing is Rhode Island;

      (iii) Whose age at the time he or she is reported missing is sixty (60) years of age or

older, or is a person with a diagnosis of dementia;

      (iv) Who has an impaired mental condition; and

      (v) Whose disappearance poses a credible threat to the safety and health of such person,

as determined by the state police or other law enforcement agency.

      (d) The impaired mental condition shall be demonstrated by the appropriate

documentation presented by the missing senior citizen's family, legal guardian, long-term care

ombudsman, or long-term care facility where such person resides.

      (e) The missing senior citizen alert program shall provide a pro-active emergency public

alert plan as part of the response to the disappearance of a missing senior citizen that may be

expediently triggered by law enforcement personnel in accordance with protocols and procedures

established by the division of state police in consultation with appropriate law enforcement

authorities, the Rhode Island emergency management agency, the Rhode Island department of

health, state and local officials and cooperating members of the broadcast media ("Missing Senior

Citizen Alert").

      (f) Once a law enforcement agency has confirmed the disappearance of a missing senior

citizen, the law enforcement agency will obtain descriptive information for the missing senior

citizen alert, contact the state police to provide the descriptive information to the state police and

identify a point of contact within its agency.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC00813

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