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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
silver alert; criteria; notification
Purpose
Establishes the Safe and Find Emergency (SAFE) Alert Act which renames the silver alert as the safe alert, includes missing persons who have cognitive disabilities, prohibits the denial or delay of an alert as outlined and requires all law enforcement agencies (LEAs) to develop and conduct training on the Safe Alert Notification System (System).
Background
The Silver Alert Notification System is a quick response system designed to issue and coordinate alerts on the request of an authorized person at an LEA investigating a missing person report. The Department of Public Safety (DPS) must request an activation of the federally authorized Emergency Alert System (EAS) to issue a silver alert if: 1) the missing person has a developmental disability, Alzheimer's disease or dementia or is at least 65 years old; 2) the investigating LEA has used all available local resources, determined that the person has gone missing under unexplained or suspicious circumstances and believes that the missing person is in danger; 3) there is information available that, if disseminated to the public, could assist in the safe recovery of the missing person; and 4) DPS has been designated to use the federally authorized EAS for the issuance of silver alerts (A.R.S. § 41-1728).
A developmental disability is either a strongly demonstrated potential that a child who is under six years old has, or will develop, a developmental disability, as determined by a prescribed or other appropriate test, or a severe, chronic disability that: 1) is attributable to a cognitive disability, cerebral palsy, epilepsy, Down syndrome or autism; 2) manifests before 18 years old; 3) is likely to continue indefinitely; 4) results in substantial functional limitations in three or more outlined areas of life activity; and 5) reflects the need for a combination and sequence of individually planned or coordinated special, interdisciplinary or generic care, treatment or other services that are of lifelong or extended duration (A.R.S. § 36-551).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Expands the safe alert to include a missing person who has a cognitive disability.
2. Stipulates that DPS must request an activation of the EAS and issue a safe alert immediately regardless of the missing person's age.
3. Prohibits a safe alert from being denied or delayed due to administrative processes, prior missing episodes or discretionary assessments that are unrelated to the immediate risk to the missing person's safety.
4. Instructs all LEAs in Arizona to:
a) develop, implement and regularly update training criteria regarding the System; and
b) conduct safe alert notification training for all employees of an LEA, at the time of hire and biannually, who have direct involvement in missing person cases, including the supervisors of these employees and communication dispatchers.
5. Requires the safe alert notification training to:
a) be comprehensive and create a solid foundation of knowledge regarding the legal criteria and processes involved in issuing a timely safe alert; and
b) include a review of DPS and state policies regarding locating missing, abducted or runaway persons, with a specific focus on safe alert procedures.
6. Defines a cognitive disability as a condition that involves subaverage general intellectual functioning, exists concurrently with deficits in adaptive behavior manifested before the age of 18 years old and is sometimes referred to as an intellectual disability.
7. Designates this legislation as the Seek and Find Emergency Alert Act (SAFE).
8. Makes conforming changes.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Renames the silver alert as the safe alert.
2. Requires safe alert notification training to be:
a) for all LEA employees involved in missing person cases, including communication dispatchers, rather than all DPS employees and newly hired LEA employees who have oversight of missing persons cases; and
b) conducted at the time of hire and biannually, rather than annually.
3. Removes a requirement that the training must include an examination of the legal requirements and necessary ongoing efforts required to locate missing, abducted or runaway persons in a timely and effective manner.
4. Adds a designation for this legislation.
5. Makes technical and conforming changes.
House Action Senate Action
JUD 2/19/25 DP 9-0-0-0 PS 3/26/25 DPA 6-0-1
3rd Read 3/3/25 58-0-2
Prepared by Senate Research
April 2, 2025
KJA/NRG/mg