2023 New York Laws › EXC - Executive › Article 35 - Division of Criminal Justice Services › 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.