Sponsored by:

Assemblywoman PAMELA R. LAMPITT

District 6 (Burlington and Camden)

Assemblywoman VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblyman DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblywoman GABRIELA M. MOSQUERA

District 4 (Camden and Gloucester)

Assemblywoman L. GRACE SPENCER

District 29 (Essex)

Assemblyman BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Co-Sponsored by:

Assemblywomen Jimenez, Tucker, Caride, Jasey, Assemblymen Coughlin and Diegnan

SYNOPSIS

Establishes "Gold Alert System" for missing persons with developmental disabilities.

CURRENT VERSION OF TEXT

As amended by the General Assembly on December 15, 2014.

An Act concerning missing persons with developmental disabilities and supplementing Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. The Attorney General shall establish a "Gold Alert System" which shall provide a Statewide system for the rapid dissemination of information regarding a missing person who is believed to have a developmental disability. The program shall be a voluntary, cooperative effort between State and local law enforcement agencies and the media, including but not limited to print, radio, ¹social media,¹and television media outlets.

b. The Attorney General shall notify the media serving the State of New Jersey of the establishment of the Gold Alert System, and invite their voluntary participation.

c. The Missing Persons Investigative Best Practices Protocol Unidentified Deceased Persons Investigative Guidelines, promulgated by the Missing Persons and Child Exploitation Unit in the Division of State Police, shall be revised to incorporate procedures for issuing an alert regarding missing persons believed to have a developmental disability. The guidelines and procedures shall ensure that specific health information about the missing person is not made public through the alert or otherwise.

d. The Attorney General, with the assistance of the participating media, shall develop and undertake a public education campaign to inform the public about the Gold Alert System.

e. The Attorney General may adopt guidelines to effectuate the purposes of this act.

2. A Gold Alert authorized under this section may be activated in accordance with the following requirements, which shall be incorporated into the guidelines required by subsection c. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

a. The law enforcement agency receiving the missing person report shall be the lead law enforcement agency.

b. The Missing Persons and Child Exploitation Unit in the Division of State Police, upon request, shall assist the lead law enforcement agency in the investigation of a Gold Alert.

c. Each of the following criteria shall be met before a Gold Alert may be issued:

(1) the person believed to be missing is believed to have a developmental disability ¹[regardless of age]¹;

(2) a missing person's report has been submitted to the local law enforcement agency where the person went missing;

(3) the person believed to be missing may be in danger of death or serious bodily injury;

(4) there is sufficient information available to indicate that a Gold Alert would assist in locating the missing person; ¹[and]¹

(5) sufficient information is available to disseminate to the public that could assist in locating the person ¹;

(6) dissemination of information about the person believed to be missing has been authorized: (a) using a consent form completed pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill); or (b) by a person who is vested with the legal authority to waive the privacy rights of the person believed to be missing; and

(7) at least four hours have elapsed since the person was first discovered to be missing, except in situations in which the best available information about the physical and mental condition of the person believed to be missing, including any medications that person is currently using, indicates that a delay in issuing the Gold Alert would pose an imminent threat to the person's life.

In no case shall the age of the person believed to be missing constitute a relevant factor when determining whether to issue a Gold Alert for the person¹.

3. a. When a Gold Alert is activated pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the participating media shall voluntarily agree, upon notice from the State Police, to transmit emergency alerts to inform the public of a missing person with a developmental disability who resides within their broadcast service regions. The notice shall be provided through the State Police operational dispatch unit.

b. The alerts shall be broadcast as often as possible, pursuant to the guidelines established by the New Jersey Broadcasters' Association, for the first three hours. After the initial three hours, the alert shall be rebroadcast at such intervals as the investigating authority, the State Police and the participating media deem appropriate. ¹The decision whether to use social media broadcasts, and the intervals for rebroadcasts using social media, shall be within the discretion of the lead law enforcement agency.¹

c. The alerts shall include a description of the missing person, including notice that the missing person may appear agitated or upset, instructions as to whether the missing person should be approached and, if appropriate, instructions on how to approach the missing person, and such other information as the State Police may deem pertinent and appropriate. The alerts also shall provide information concerning how those members of the public who have information relating to the missing person may contact the State Police or other appropriate law enforcement agency.

d. Concurrent with the notice provided to the broadcast media, the State Police operational dispatch unit shall also notify the Department of Transportation, the New Jersey Highway Authority, the New Jersey Turnpike Authority, and the South Jersey Transportation Authority of the Gold Alert. Through the use of their variable message signs, the department and the affected authorities shall inform the motoring public that a Gold Alert is in progress and provide information relating to the missing person and how motorists may report any information they have to the State Police or other appropriate law enforcement agency. The State Police operational dispatch unit shall also ensure that employees of the New Jersey Transit Corporation and adult school crossing guards who are on duty at any time when the Gold Alert is in effect receive notice of the Gold Alert, along with all pertinent information.

e. The State Police shall in a timely manner update the broadcast media and any other entity receiving notice of the Gold Alert with new information when appropriate concerning the missing person.

f. The alerts shall terminate upon notice from the State Police.

¹4. a. A resident at a long-term care facility licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), a State psychiatric hospital operated by the Department of Human Services and listed in R.S.30:1-7, a county psychiatric hospital, a facility for persons with developmental disabilities as defined in section 3 of P.L.1977, c.82 (C.30:6D-3), or a facility for persons with traumatic brain injury as defined in 42 U.S.C. s.280b-1c that is operated by or under contract with the Department of Human Services, shall be provided, at the time of admission and upon request at any time thereafter, the opportunity to complete a consent form authorizing dissemination of such information about the resident as may be necessary to assist in locating the resident using a Gold Alert activated pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) in the event the resident is believed to be missing.

b. If a resident described in subsection a. lacks the legal capacity to waive the resident's own right to privacy, a person who is vested with the legal authority to waive the resident's privacy rights shall have the authority to complete a Gold Alert consent form for the resident.

c. The authority to disseminate a resident's information pursuant to a Gold Alert consent form shall be limited to such information as is necessary to assist in locating the resident in the event a Gold Alert is activated for that resident.¹

¹[4.] 5.¹ This act shall take effect on the first day of the fourth month next following the date of enactment, but the Attorney General may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.