99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1846
 
Introduced 2/20/2015, by Sen. Daniel Biss
 
SYNOPSIS AS INTRODUCED:



20 ILCS 2605/2605-490 new
20 ILCS 2705/2705-505.6 new
50 ILCS 705/10.17 new
50 ILCS 722/10

 Amends the Department of State Police Law of the
Civil Administrative Code of Illinois. Provides that the Department of State Police shall develop a coordinated program for a statewide emergency alert system when a person 21 years old or older who is believed to have Alzheimer's Disease or related dementias is reported missing. Provides that the system shall be referred to as the Silver Alert system and shall include, but is not limited to, an electronic message sent to all law enforcement agencies; use of the emergency alert system; the use of electronic billboards and message signs in coordination with the Illinois Department of Transportation if a vehicle is involved; posting of the Silver Alert message on Illinois Lottery terminals; the designation by the Department of a contact name and toll-free telephone number for tips and information; blast email and fax messages to media outlets; activation of a local reverse 911 systems to all businesses and residents if the person is on foot. Amends the Department of Transportation Law of the
Civil Administrative Code of Illinois. Provides that the Department of Transportation shall coordinate with the Department of State Police in the use of electronic message signs on roads and highways to immediately provide critical information to the public concerning missing persons with Alzheimer's Disease or related dementias. Amends the Missing Persons Identification Act to make conforming changes.



LRB099 07977 RLC 28117 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB1846LRB099 07977 RLC 28117 b



1 AN ACT concerning State government.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Department of State Police Law of the
Civil 
5Administrative Code of Illinois is amended by adding Section 
62605-490 as follows:

7 (20 ILCS 2605/2605-490 new)
8 Sec. 2605-490. Alzheimer's and related dementias (Silver) 
9Alert.
10 (a) The Department of State Police shall develop a 
11coordinated program for a statewide emergency alert system when 
12a person 21 years old or older who is believed to have 
13Alzheimer's Disease or related dementias is reported missing. 
14The system shall be referred to as the Silver Alert system and 
15shall include, but is not limited to, an electronic message 
16sent to all law enforcement agencies; use of the emergency 
17alert system; the use of electronic billboards and message 
18signs in coordination with the Illinois Department of 
19Transportation if a vehicle is involved; posting of the Silver 
20Alert message on Illinois Lottery terminals; the designation by 
21the Department of a contact name and toll-free telephone number 
22for tips and information; blast email and fax messages to media 
23outlets; activation of a local reverse 911 systems to all 
 
 
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1businesses and residents if the person is on foot.
2 (b) The Department shall complete development and 
3deployment of the Silver Alert System on or before January 1, 
42017.
5 (c) The following criteria shall be used for activation of 
6a Silver Alert:
7  (1) the local investigating law enforcement agency 
8 confirms that the individual is missing;
9  (2) the agency determines that the individual is 21 
10 years of age or older and suffers from Alzheimer's disease, 
11 other forms of dementia or some other dementia-like 
12 cognitive impairment;
13  (3) the disappearance of the individual poses a 
14 credible threat of immediate danger of serious bodily harm 
15 or death to the individual or others; and
16  (4) there is sufficient descriptive information about 
17 the individual and the circumstances surrounding the 
18 individual's disappearance to indicate that activation of 
19 the alert will help locate the individual.
20The Illinois Law Enforcement Training Standards Board shall 
21adopt written protocols and guidelines for the handling of 
22missing persons cases involving Alzheimer's and related 
23dementias based upon protocols developed by the Silver Alert 
24Task Force and in conjunction with the Department of State 
25Police on or before July 1, 2016.
26 (d) The Department of State Police shall establish a Silver 
 
 
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1Alert Task Force within 30 days after the effective date of 
2this amendatory Act of the 99th General Assembly to assist the 
3Department in the development and deployment of the Silver 
4Alert system authorized in subsection (a) and monitor and 
5review the implementation and operation of that system, 
6including procedures, budgetary requirements, standards and 
7minimum requirements for the training of law enforcement 
8personnel on how to interact appropriately and effectively with 
9individuals that suffer from Alzheimer's disease, other forms 
10of dementia, or some other dementia-like cognitive impairment. 
11The Task Force shall also develop additional network resources 
12for use in the system. The Task Force shall include 
13representatives of the Illinois Chapters of the Alzheimer's 
14Association, the Illinois Departments of State Police, Aging, 
15Healthcare and Family Services, Human Services, and Public 
16Health, the Illinois Law Enforcement Training Standards Board, 
17the Illinois Emergency Management Agency, the Illinois 
18Secretary of State, the Illinois Broadcasters Association, the 
19Illinois Sheriff's Association, and the Illinois Association 
20of Chiefs of Police. The Task Force shall meet at least twice a 
21year and shall provide a report on the operations of the Silver 
22Alert system to the General Assembly and the Governor's Office 
23each year by June 30.
24 (e) The Department of State Police, in coordination with 
25the Illinois Emergency Management Agency and the Silver Alert 
26Task Force, shall develop and implement a community outreach 
 
 
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1program to promote awareness of the Silver Alert Program among 
2law enforcement agencies, the State's healthcare facilities, 
3nursing homes, assisted living facilities, other senior 
4centers, and the general population on or before January 1, 
52017.
6 (f) The Department of State Police shall designate an 
7individual to serve as the Silver Alert Coordinator within 30 
8days after the effective date of this amendatory Act of the 
999th General Assembly. The Coordinator shall assist the 
10Department and the Silver Alert Task Force in the establishment 
11of State standards and monitor the availability of federal 
12funding that may become available to further the objectives of 
13the Silver Alert program. The Department shall provide 
14technical assistance for the Coordinator from its existing 
15resources.

16 Section 10. The Department of Transportation Law of the

17Civil Administrative Code of Illinois is amended by adding 
18Section 2705-505.6 as follows:

19 (20 ILCS 2705/2705-505.6 new)
20 Sec. 2705-505.6. Alzheimer's and related dementias (Silver 
21Alert) message signs.  The Department of Transportation shall 
22coordinate with the Department of State Police in the use of 
23electronic message signs on roads and highways to immediately 
24provide critical information to the public concerning missing 
 
 
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1persons with Alzheimer's Disease or related dementias.

2 Section 15. The Illinois Police Training Act is amended by 
3adding Section 10.17 as follows:

4 (50 ILCS 705/10.17 new)
5 Sec. 10.17. Training in Alzheimer's and related dementias 
6(Silver Alert) system. The Board shall conduct a training 
7program for law enforcement personnel of local governmental 
8agencies in the statewide Alzheimer's and related dementias 
9coordinated alert (Silver Alert) system developed under 
10Section 2605-490 of the Department of State Police Law of the 
11Civil Administrative Code of Illinois.

12 Section 20. The Missing Persons Identification Act is 
13amended by changing Section 10 as follows:

14 (50 ILCS 722/10)

15 Sec. 10. Law enforcement analysis and reporting of missing 
16person information. 
17 (a) Prompt determination of high-risk missing person.
18  (1) Definition. "High-risk missing person" means a 
19 person whose whereabouts are not currently known and whose 
20 circumstances indicate that the person may be at risk of 
21 injury or death. The circumstances that indicate that a 
22 person is a high-risk missing person include, but are not 
 
 
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1 limited to, any of the following: 
2   (A) the person is missing as a result of a stranger 
3 abduction; 
4   (B) the person is missing under suspicious 
5 circumstances;
6   (C) the person is missing under unknown 
7 circumstances; 
8   (D) the person is missing under known dangerous 
9 circumstances; 
10   (E) the person is missing more than 30 days; 
11   (F) the person has already been designated as a 
12 high-risk missing person by another law enforcement 
13 agency; 
14   (G) there is evidence that the person is at risk 
15 because: 
16    (i) the person is in need of medical attention, 
17 including but not limited to persons with 
18 dementia-like symptoms, or prescription 
19 medication; 
20    (ii) the person does not have a pattern of 
21 running away or disappearing; 
22    (iii) the person may have been abducted by a 
23 non-custodial parent; 
24    (iv) the person is mentally impaired; 
25    (v) the person is under the age of 21; 
26    (vi) the person has been the subject of past 
 
 
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1 threats or acts of violence; 
2    (vii) the person has eloped from a nursing 
3 home; or
4   (H) any other factor that may, in the judgment of 
5 the law enforcement official, indicate that the 
6 missing person may be at risk.
7  (2) Law enforcement risk assessment.
8   (A) Upon initial receipt of a missing person 
9 report, the law enforcement agency shall immediately 
10 determine whether there is a basis to determine that 
11 the missing person is a high-risk missing person. 
12   (B) If a law enforcement agency has previously 
13 determined that a missing person is not a high-risk 
14 missing person, but obtains new information, it shall 
15 immediately determine whether the information 
16 indicates that the missing person is a high-risk 
17 missing person. 
18   (C) Law enforcement agencies are encouraged to 
19 establish written protocols for the handling of 
20 missing person cases to accomplish the purposes of this 
21 Act. 
22  (3) Law enforcement agency reports. 
23   (A) The responding local law enforcement agency 
24 shall immediately enter all collected information 
25 relating to the missing person case in the Law 
26 Enforcement Agencies Data System (LEADS) and the 
 
 
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1 National Crime Information Center (NCIC) databases. 
2 The information shall be provided in accordance with 
3 applicable guidelines relating to the databases. The 
4 information shall be entered as follows:
5    (i) All appropriate DNA profiles, as 
6 determined by the Department of State Police, 
7 shall be uploaded into the missing person 
8 databases of the State DNA Index System (SDIS) and 
9 National DNA Index System (NDIS) after completion 
10 of the DNA analysis and other procedures required 
11 for database entry. 
12    (ii) Information relevant to the Federal 
13 Bureau of Investigation's Violent Criminal 
14 Apprehension Program shall be entered as soon as 
15 possible. 
16    (iii) The Department of State Police shall 
17 ensure that persons entering data relating to 
18 medical or dental records in State or federal 
19 databases are specifically trained to understand 
20 and correctly enter the information sought by 
21 these databases. The Department of State Police 
22 shall either use a person with specific expertise 
23 in
medical or dental records for this purpose or 
24 consult with a chief medical examiner, forensic 
25 anthropologist, or odontologist to ensure the 
26 accuracy and completeness of information entered 
 
 
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1 into the State and federal databases.

2   (B) The Department of State Police shall 
3 immediately notify all law enforcement agencies within 
4 this State and the surrounding region of the 
5 information that will aid in the prompt location and 
6 safe return of the high-risk missing person. 
7   (C) The local law enforcement agencies that 
8 receive the notification from the Department of State 
9 Police shall notify officers to be on the lookout for 
10 the missing person or a suspected abductor. 
11   (D) Pursuant to any applicable State criteria, 
12 local law enforcement agencies shall also provide for 
13 the prompt use of an Amber Alert in cases involving 
14 abducted children; Silver Alert in cases involving 
15 Alzheimer's Disease and related dementias, or use of 
16 the Endangered Missing Person Advisory in appropriate 
17 high risk cases.

18(Source: P.A. 95-192, eff. 8-16-07; 96-149, eff. 1-1-10.)