An Act To Establish the Silver Alert Program
Maine Legislature, Session 124, LD 1610
Sponsors: ROTUNDO, CRAVEN, CAMPBELL, CAREY, LAJOIE, MILLER, DAVIS, GOODALL, SIMPSON
Amends: 25 MRSA §2803-B

MAINE STATE LEGISLATURE 
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124th MAl ELEGISLA URE 
'. SECOND REGULAR SESSION -2010 
Legislative Document 
No. 1610 
House of Representatives, December23, 2009 
An Act To Establish the Silver Alert Program 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
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Received by the Clerk of the House on December 21,2009. Referred to the Committee on 
Criminal Justice and Public Safety ptirsuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
Presented by Representative ROTUNDO of Lewiston. 
Cosponsored by Senator CRAVEN of Androscoggin and 
'/JIl;j~ 1I1.1J?1LC~, 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAMPBELL of Newfield, CAREY of Lewiston, LAJOIE of LewistQn, 
MILLER of Somerville, Senators: DAVIS of Cumberlan.d, GOODALL of Sagadahoc, 
SIMPSON of Androscoggin. 
Print~li ~ln r~~yt:It!J p~lper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 25 MRSA c. 259 is enacted to read: 
CHAPTER 259 
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SILVER ALERT PROGRAM 
§2201. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Commissioner. "Commissioner" mean-s the Commissioner MPublic Safety. 
2. Department "Department" means the Department of Public Safety. 
3. Missing adult. "Missingadt It" means a person: 
A. Who is developmentally in,paired or who suffers from dementia or some other 
cognitive impairment; 
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B. Whose temporaIY or permanent residence is in or is believed to be in this State; 
C. Whos~ whereabouts is unknown; and 
D. Whose disappearance would pose a credible threat to the safety and health of the 
person as determined by a local law enforcement agency. 
4. Media. "Media" means print, radio, television, Internet-based communication 
systems or other methods of communicating information to the public. 
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5. Silver Alert. "Silver Alert" or "alert" means a notice provided under this chapter' 
to the public through law enforcement and the media. 
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6. Silver Alert Program. "Silver Alert Program" means the statewide alert program 
for missing adults developed and implemented under this chapter. 
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§2202. Silver Alert Program 
In accordance with this· chapter and with the cooperation of the Department of 
Transportation, the Maine Turnpike Authority, the Maine Association of Broadcasters or 
successor organization, the Office of the Governor and appropriate law enforcement 
agencies, the department shall develop and' implement the Silver Alert Program to be 
activated oli behalf of missing adults. The program must include a plan for providing 
. relevant information to the public through an existing system of dynamic message signs 
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located across the State. The Silver Alert Program must be developed and implemented 
using existing resources. 
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§2203. Notification to department of missing adult 
1. Report. In order to activate an alert under the Silver Alert Program, a family 
. rriember or legal guardian of a missing adult must submit a missing adult report to the 
local law enforcement agency. 
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2. Filing of report. Upon receipt of the report under subsection 1, the local law 
enforcement agency shall immediately: 
A. Notify the department; 
B. 'Inform all on-duty law enforcement officers in the county in which the missing 
adult was reported missing of the report; 
C. 
Communicate the report' to every other law enforcement agency having 
, jurisdiction in the county in which the report was filed; arid 
D.· Enter the report for inclusion' in the computer files on missing adults of the 
department and the United States Department of Justice,' Federal Bureau of 
Investigation, National Crime Inform'ation Center. 
.. Activation of alert. When the department has verified that a missing adult is 
missing, the department shall issue an alert under this chapter and in accordance with 
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department rules. 
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A. 
The alert must be sent to designated media outlets in the State, including 
participating radio stations and television stations, who shall issue the alert at 
intervals as determined by department rule. 
B. The alert must also be sent to the Department of Transportation and the Maine 
Turnpike Authority. 
C. The alert must include ail appropriate information from the local law enforcement 
agency that may assist in the safe recovery of a missing adult. The alert must include 
a statement instructing anyone with information, related to the missing adult to 
contact a local law enforcement agency. 
D. A law enforcement agency that locates a missing adult who is the subject of an 
alert shall notifY the local law enforcement agency and the department as soon as 
possible that the missing adult has been found. 
§2204. Termination of Silver Alert 
1. Termination. The department shall terminate a Silver Alert not later than the 
earlier of the date on which: 
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A. The missing.adult is located or the situation is otherwise resolved; or 
B. The notification period ends, as determined by department rule. 
2. Location. A local law enforcement agency that locates a missing adult who is the 
subject of an alert shall notifY the department as soon as possible that the missing adult 
has been located. 
§2205. Rules 
The commissioner shall adopt rules for the implementation of this chapter. Rules 
adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
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Sec. 2. ' 25 MRSA §2803-B, sub-§l, GjfK, as amended by PL 2009, c. 451, §2, is 
further amended to read: 
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K. Digital, electronic, audio, video or other recording of law enforcement interviews 
of suspects in serious crimes and the preservation of investigative notes and records 
in such cases; atH:i 
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Sec. 3. 25 MRSA §2803-B; sub-§l, '1IlIL, as enacted by PL 2009, c. 451, §3, is 
amended to read: 
L. Mental illness and the process for involuntary commitment;; and 
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S~c. 4., 25 MRS A §2803-B, sub-§l, ~ 
is enacted to read: 
M. Missing adults as defined in section 2201, subsection 3. 
Sec. 5. 25 MRSA §2803-B, sub-§2, as amended by PL 2009, c. 336, § 18 and c. 
451, §4,. is repealed and the following enacted in its place: 
2. Minimum policy standards. The board shall establish minimum standards for 
each law enforcement policy no later than June 1, 1995, except that policies for expanded 
requirements for domestic violence under subsection 1, paragraph D, subparagraphs (1) 
to (3) must be established no later than January 1, 2003; policies for death investigations 
under subsection L paragraph I must be established no later than January 1, 2004; 
policies for public notification regarding persons in the community required to register 
under Title 34-A, chapter 15 under subsection 1 ,paragraph J must be established flO later 
than January 1, 2006; policies for the recording and preservation of interviews of suspects 
in serious crimes, under subsection 1; paragraph K must be established no later than 
January 1, 2005; policies' for the expanded use of physical force, including the use of 
electronic weapons and less-than:'lethal munitions, under subsection L paragraph A must 
be established no later than January 1, 2010; policies for mental illness and the process 
for inv'oluntarycommitment under subsection 1, paragraph Lmust be established no later 
than January 1, 2010; and policies for missing adults under subsection 1, paragraph M 
must be established no later than January 1, 2011. 
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Sec. 6,. 25 MRSA §~803-B, sub-§3, as amended by PL 2009, c. 336, §18andc. 
451, §5, is repealed and the following enacted in its place: 
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3. Agency compliance. The chief administrative officer:' 0] each lawenf0Ecelilllent 
agency shall certifY to the board no later than January 1, 1996 that the agency has, adopted 
written policies consistent with the minimum standards established by the board pursuant 
to subsection 2, except that certification to the' board for expanded policies for domestic 
violence under subsection 1, paragraph D, subparagraphs (1) to 0) rriust be 'made to the 
board no later than June 1, 2003; certification to the board for adoption of a death 
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investigation policy under subsection 1, paragraph I must be made to the board no later 
than June 1, 2004; certification to the board for adoption of a public notification policy 
under subsection 1, paragraph J must be made to the board no later than June 1, 2006; 
certification to the board for adoption of a policy for the recording and preservation of 
_ interviews of suspects in serious crimes under subsection 1, paragraph K must be made to 
the board no later than June 1,_ 2005; certification to the board for adoption of an 
expanded use of physical force policy under subsection 1, paragraph A must be made to 
the board ilO later than June 1, 2010; certification to the board for adoption ofa policy 
regarding mental illness and the process for involuntary commitment under subsection 1,_ 
paragraph L must be made to the board no later than June 1, 2010; and certification to the 
board for adoption of a policy for missing adults under subsection 1, paragraph M must 
be made to the board no lat'er than June 1, 2011. The certification must be accompanied 
- by copies of the agency policies. The chief administrative officer of each agency shall 
certify to the board no later than June 1, 1996 that the agency has provided orientation 
and training for its members with -re'spect to the policies, except that certification for 
-orientation and training with respect to expanded policies for domestic violence under 
subsection 1, paragraph D, subparagraphs (]) and (3) must be made to the board no iater 
than January 1, 2004; certification for orientation and training with resp-ect to policies 
regarding death investigations under subsection 1, paragraph I must be made to the board 
no later than January 1, 2005; certification for orientation and training with respect to 
policies regarding public notification under subsection 1, paragraph J must be made to the 
board no later than January 1, 2007; certification for orientation and training with respect 
to policies regarding the recording and preservation of interviews of suspects in serious 
crimes under subsection 1, paragraph K must be made to the board no later than January 
1, 2006; certification for orientation and training with respect to policies regarding 
expanded use of physical. force under subsection 1, paragraph A must be made to the 
board no later than January 1, 20'11; certification for orientation and training with respect 
to policies regarding mental illness and the process for involuntary commitment under 
subsection 1, paragraph L must be made to the board no later than January 1, 2011; and 
certification for orientation and training with respect to policies regarding missing adults 
under subsection 1, paragraph M must be made to the board no later than January 1, 
2012. 
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SUMMARY 
This bill establishes the Silver Alert Program. 
The Silver Alert Program IS a 
statewide alert program for missing adults with disabilities. 
This bill requires all law enforcement agencies to adopt written policies regarding 
missingadults with disabilities and requires the Board of Trustees of the Maine Criminal 
Justice Academy to establish mandatory minimum standards for such policies by no later 
than January 1, 2011. It further requires all law enforcement agencies to certify to the 
Board of Trustees of the Maine Criminal Justice Academy by no later than June 1,2011 
that their policies are 'consistent with the minimum standards established by the board and 
to certify to the Board of Trustees of the Maine Criminal Justice Academy by no later 
than January 1, 2012 that all law enforcement officers have received orientation and 
training with respect to the policies. 
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