HF 2370 (LSB 5872YH (4) 91)

HOUSE FILE 2370

BY  GEARHART, DETERMANN, BARKER, GUSTOFF, STONE, BODEN, ANDREWS, YOUNG, RINKER, McBURNEY, WILBURN, R. JOHNSON, B. MEYER, and HOLT

A BILL FOR

An Act relating to a green alert system for missing at-risk veterans, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  35E.1  Definitions.
   For purposes of this chapter, unless the context otherwise requires:
   1.  “At-risk veteran” means a veteran who is reported missing under circumstances indicating the veteran may be experiencing a mental health crisis, emotional distress, cognitive impairment, substance-related impairment, or other condition creating a credible concern for the veteran’s well-being.
   2.  “Department” means the department of public safety.
   3.  “Green alert” means a confidential, nonpublic notification to facilitate professional coordination for the safe location and voluntary assistance of a missing at-risk veteran.
   4.  “Veteran” means an individual who served in the armed forces of the United States and who was discharged or released under conditions other than dishonorable.
    Sec. 2.  NEW SECTION.  35E.2  Green alert system.
   1.  The department shall establish and administer a green alert system to support wellness-oriented location efforts for missing at-risk veterans.
   2.  A green alert shall be activated if all of the following conditions are met:
   a.  A veteran is reported missing.
   b.  The person requesting a green alert provides specific facts indicating a potential threat to the veteran’s well-being.
   c.  The department receives the name, contact information, and relationship to the veteran of the person requesting a green alert.
   d.  A peace officer or designated public safety official independently verifies the credibility of the report and determines that activation of a green alert is appropriate.
   3.  The verifying officer or official shall document the basis for activating a green alert.
   4.  The department shall review the status of the green alert every seventy-two hours and terminate the green alert immediately upon verification that the at-risk veteran has been located or the risk has passed.
   5.  A person who knowingly submits a false report under this section violates section 718.6.
    Sec. 3.  NEW SECTION.  35E.3  Confidentiality.
   1.  The department shall not disseminate a green alert to the general public and shall not utilize an emergency broadcast system, wireless emergency alert, highway message sign, social media, or other publicly accessible notification method.
   2.  The department shall only disseminate information related to an active green alert to the following entities:
   a.  A law enforcement agency.
   b.  A hospital or urgent care facility.
   c.  Emergency medical services.
   d.  A community mental health provider or crisis response team.
   e.  A veterans service organization or veteran peer support program approved by the department.
   f.  A professional service entity reasonably believed to be able to assist in locating or supporting the at-risk veteran.
   3.  The department shall only disseminate information reasonably necessary for identification of and voluntary contact with an at-risk veteran.
    Sec. 4.  NEW SECTION.  35E.4  Green alert response.
   1.  A response associated with a green alert must prioritize de-escalation, voluntary engagement, and trauma-informed practices.
   2.  An agency responding to a green alert shall, when feasible, involve a crisis intervention team, veteran peer support specialist, or mental health professional trained to work with veterans.
   3.  Veteran status, mental health history, or service-related trauma shall not be presumed to indicate dangerousness.
    Sec. 5.  NEW SECTION.  35E.5  Prohibited uses.
   Activation of a green alert does not create probable cause or reasonable suspicion of criminal activity and shall not be used to do any of the following:
   1.  Initiate an arrest absent independent probable cause.
   2.  Conduct a warrantless detention.
   3.  Justify involuntary commitment.
   4.  Circumvent constitutional protections or statutory due process requirements.
    Sec. 6.  NEW SECTION.  35E.6  Priority.
   The green alert system must operate independently from public emergency alert channels. Activation of a green alert shall not delay or interfere with the prioritization of a public emergency alert related to child abduction or an imminent threat to the public.
    Sec. 7.  NEW SECTION.  35E.7  Data collection.
   1.  The department shall maintain annual statistics on the green alert system, including the number of alerts issued, the resolution of alerts, and verified false reports, while ensuring all personally identifiable information is protected.
   2.  The department shall not publicly release personally identifiable information related to a green alert unless the veteran or the veteran’s legal representative affirmatively consents to the release of the information.
    Sec. 8.  NEW SECTION.  35E.8  Rules.
   The department may adopt rules pursuant to chapter 17A as necessary to administer this chapter.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the department of public safety (department) to establish a nonpublic green alert system to facilitate professional coordination for the location and assistance of a missing at-risk veteran. A green alert shall be activated if a veteran is reported missing under circumstances suggesting that the veteran is at risk by a person who provides adequate personal contact information and the report of the at-risk veteran is verified by a peace officer or public safety official. The officer or official must document the basis for activating the green alert. A green alert must be reviewed every 72 hours and terminated upon verification that the veteran has been located or the risk has passed.
   The bill provides that knowingly submitting a false report to the green alert system is a violation of Code section 718.6 (false reports to or communications with public safety entities), a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.
   The bill prohibits the department from disseminating a green alert to the general public or using a publicly accessible notification method. Information related to an active green alert may only be disseminated to the entities listed in the bill.
   The bill requires a response for a green alert to prioritize de-escalation, voluntary engagement, and trauma-informed practices, and prohibits the green alert from being used to initiate an arrest absent independent probable cause, conduct a warrantless detention, justify involuntary commitment, or circumvent constitutional protections or statutory due process requirements.
   The bill provides that the green alert system must operate independently from public emergency alert channels and must not delay or interfere with the prioritization of a public emergency alert related to child abduction or an imminent threat to the public.
   The bill requires the department to maintain annual statistics on the green alert system, while ensuring all personally identifiable information is protected. Personally identifiable information related to a green alert shall not be publicly released without the consent of the veteran or the veteran’s legal representative.