Relating to the establishment of a statewide alert system for missing service members

The bill requires DVA to develop and implement a statewide green alert system that may be activated to inform the public of a missing service member who suffers from a mental illness, including but not limited to post-traumatic stress disorder, or a brain injury; cooperate with the department of transportation (DOT), the office of the governor, and law enforcement agencies in this state in order to effectuate the purpose of the green alert system; prescribe forms for law enforcement agencies to request the activation of an alert; cooperate with public and private entities, including but not limited to media outlets, commercial entities, local governmental entities, and other appropriate persons, to development and implement the green alert system; upon receiving a notification from a law enforcement agency of a missing service member, confirm the accuracy of the information, and, if DVA determines the information contained in the report is accurate, immediately issue an alert through media outlets participating in the green alert system and through dynamic notification systems maintained by the DOT; and terminate an alert on the date the missing service member has been located or the situation is otherwise resolved, or the alert has been issued for the maximum number of days as determined by DVA by rule, whichever is earlier. The bill requires DVA to adopt rules to effectuate the green alert system which shall include but not be limited to procedures law enforcement agencies shall use to verify whether a service member is missing and suffers from a mental illness, including but not limited to post-traumatic stress disorder, or a brain injury; circumstances when a law enforcement agency shall report a missing service member to the department; procedures for individuals or entities to report information about a missing service member to media outlets in this state; guidance for protecting the privacy of a missing service member for whom an alert has been issued; procedures for service members to opt out of the green alert system; the content of an alert issued to the public which shall include but not be limited to information received by a law enforcement agency necessary to be disclosed in order to lead to a safe recovery of the missing service member and instructions for a person with information related to a missing service member to contact a law enforcement agency; and the maximum number of days an alert may be issued. The bill requires a law enforcement agency, in addition to any circumstances established by DVA by rule, to notify DVA if the law enforcement agency receives a report of a missing service member who has not opted out of the green alert system; the law enforcement agency verifies the missing person is a service member, the person’s whereabouts are unknown, and the service member suffers from a mental illness, including but not limited to post-traumatic stress disorder or a brain injury; and the law enforcement agency determines that the disappearance of the service member poses a credible threat to the health or safety of the service member or to the health or safety of another person. The bill requires a law enforcement agency to verify information received relating to a missing service member as soon as practicable after receiving a report of a missing service member. The bill requires a law enforcement agency, when verifying the service member suffers from a mental illness or brain injury, to require a family member, guardian, or person acting under the authority of a health care power of attorney to provide documentation of the service member’s illness or injury. The bill requires a law enforcement agency to inform DVA immediately upon locating a missing service member or when a missing service member’s situation is otherwise resolved. The bill provides that DOT shall not be required to use any existing system of dynamic message signs in the green alert system if DOT receives notice from the United States department of transportation federal highway administration that the use of the signs would result in the loss of federal highway funding or other punitive actions due to noncompliance with federal laws, regulations, or policies. The bill directs DOT to adopt administrative rules, in cooperation with DVA, to develop and implement the green alert system. Such administrative rules shall include but not be limited to procedures for cooperating with DVA and procedures for providing relevant information to agency employees, relevant personnel, and the public once an alert has been requested or activated.