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Article 6.5. Accessibility To Emergency Services Information of California Government Code >> Division 1. >> Title 2. >> Chapter 7. >> Article 6.5.
The Office of Emergency Services shall work with advocacy
groups representing the deaf and hearing impaired, including, but not
limited to, the California Association of the Deaf and the Coalition
of Deaf Access Providers, California television broadcasters, city
and county emergency services coordinators, and, as appropriate, the
Federal Emergency Management Agency and the Federal Communications
Commission, to improve communication with deaf and hearing-impaired
persons during emergencies, including the use of open captioning by
California television broadcasters when transmitting emergency
information.
The Office of Emergency Services shall investigate the
feasibility of, and the funding requirements for, establishing a
"Digital Emergency Broadcast System" network, to be used by local and
state government agencies for the provision of warnings and
instructions in digital or printed form to California broadcast
outlets for relay to the public both orally and visually, through
television, and orally, through radio, during emergencies.
The Office of Emergency Services shall investigate the
feasibility of establishing a toll-free 800 telephone hotline,
including TDD (telecommunications device for the deaf) accessibility,
which would be accessible to the public, including deaf,
hearing-impaired, and non-English speaking persons, for use during
nonemergency and emergency periods to respond to inquiries about
emergency preparedness and disaster status.
(a) No later than six months after securing funding for the
purposes of this section, the Director of Emergency Services shall
convene a working group for the purpose of assessing existing and
future technologies available in the public and private sectors for
the expansion of transmission of emergency alerts to the public
through a public-private partnership. The working group shall advise
the secretary and assist in the development of policies, procedures,
and protocols that will lay the framework for an improved warning
system for the public.
(b) (1) The working group shall consist of the following membership, to be appointed by the director:
(A) A representative of the Office of Emergency Services.
(B) A representative of the Attorney General's office.
(C) A representative of the State Department of Public Health.
(D) A representative of the State Emergency Communications Committee.
(E) A representative of the Los Angeles County Office of Emergency Management, at the option of that agency.
(F) A representative or representatives of local government, at the option of the local government or governments.
(G) Representatives of the private sector who possess technology, experience, or insight that will aid in the development of a public-private partnership to expand an alert system to the public, including, but not limited to, representatives of providers of mass communication systems, first responders, and broadcasters.
(H) Additional representatives of any public or private entity as deemed appropriate by the director.
(2) In performing its duties, the working group shall consult with the Federal Communications Commission, and with respect to grants and fiscal matters, the Office of Emergency Services.
(c) The working group shall consider and make recommendations with respect to all of the following:
(1) Private and public programs, including pilot projects that attempt to integrate a public-private partnership to expand an alert system.
(2) Protocols, including formats, source or originator identification, threat severity, hazard description, and response requirements or recommendations, for alerts to be transmitted via an alert system that ensures that alerts are capable of being utilized across the broadest variety of communication technologies, at state and local levels.
(3) Protocols and guidelines to prioritize assurance of the greatest level of interoperability for first responders and families of first responders.
(4) Procedures for verifying, initiating, modifying, and canceling alerts transmitted via an alert system.
(5) Guidelines for the technical capabilities of an alert system.
(6) Guidelines for technical capability that provides for the priority transmission of alerts.
(7) Guidelines for other capabilities of an alert system.
(8) Standards for equipment and technologies used by an alert system.
(9) Cost estimates.
(10) Standards and protocols in accordance with, or in anticipation of, Federal Communications Commission requirements and federal statutes or regulations.
(11) Liability issues.
(d) The director may accept private monetary or in-kind donations for the purposes of this section.
(b) (1) The working group shall consist of the following membership, to be appointed by the director:
(A) A representative of the Office of Emergency Services.
(B) A representative of the Attorney General's office.
(C) A representative of the State Department of Public Health.
(D) A representative of the State Emergency Communications Committee.
(E) A representative of the Los Angeles County Office of Emergency Management, at the option of that agency.
(F) A representative or representatives of local government, at the option of the local government or governments.
(G) Representatives of the private sector who possess technology, experience, or insight that will aid in the development of a public-private partnership to expand an alert system to the public, including, but not limited to, representatives of providers of mass communication systems, first responders, and broadcasters.
(H) Additional representatives of any public or private entity as deemed appropriate by the director.
(2) In performing its duties, the working group shall consult with the Federal Communications Commission, and with respect to grants and fiscal matters, the Office of Emergency Services.
(c) The working group shall consider and make recommendations with respect to all of the following:
(1) Private and public programs, including pilot projects that attempt to integrate a public-private partnership to expand an alert system.
(2) Protocols, including formats, source or originator identification, threat severity, hazard description, and response requirements or recommendations, for alerts to be transmitted via an alert system that ensures that alerts are capable of being utilized across the broadest variety of communication technologies, at state and local levels.
(3) Protocols and guidelines to prioritize assurance of the greatest level of interoperability for first responders and families of first responders.
(4) Procedures for verifying, initiating, modifying, and canceling alerts transmitted via an alert system.
(5) Guidelines for the technical capabilities of an alert system.
(6) Guidelines for technical capability that provides for the priority transmission of alerts.
(7) Guidelines for other capabilities of an alert system.
(8) Standards for equipment and technologies used by an alert system.
(9) Cost estimates.
(10) Standards and protocols in accordance with, or in anticipation of, Federal Communications Commission requirements and federal statutes or regulations.
(11) Liability issues.
(d) The director may accept private monetary or in-kind donations for the purposes of this section.
(a) If a law enforcement agency receives a report that an
abduction has occurred or that a child has been taken by anyone,
including, but not limited to, a custodial parent or guardian, and
the agency determines that a child 17 years of age or younger, or an
individual with a proven mental or physical disability, has been
abducted or taken and the victim is in imminent danger of serious
bodily injury or death, and there is information available that, if
disseminated to the general public, could assist in the safe recovery
of the victim, the agency, through a person authorized to activate
the Emergency Alert System, shall, absent extenuating investigative
needs, request activation of the Emergency Alert System within the
appropriate local area. A law enforcement agency shall only request
activation of the Emergency Alert System pursuant to this subdivision
if these requirements are met. The Emergency Alert System is not
intended to be used for abductions resulting from custody disputes
that are not reasonably believed to endanger the life or physical
health of a child.
The California Highway Patrol, if requested by a law enforcement
agency, shall activate the system.
(b) The California Highway Patrol, in consultation with the Department of Justice, as well as a representative from the California State Sheriffs' Association, the California Police Chiefs' Association, and the California Peace Officers' Association, shall develop policies and procedures providing instruction specifying how a law enforcement agency, broadcaster participating in the Emergency Alert System, and any other intermediate emergency agency that may institute activation of the Emergency Alert System, and, where appropriate, other supplemental warning systems, shall proceed after a qualifying event described in subdivision (a) has been reported to a law enforcement agency. Those policies and procedures shall include, but not be limited to:
(1) Procedures for transfer of information regarding the victim and the qualifying event from the law enforcement agency to the broadcasters.
(2) Specification of the event code or codes that should be used if the Emergency Alert System is activated to report a qualifying event.
(3) Recommended language for an emergency alert issued pursuant to this section.
(4) Specification of information that shall be included by the reporting law enforcement agency, including which agency a person with information relating to the qualifying event should contact and how the person should contact the agency.
(5) Recommendations on the extent of the geographical area to which an emergency alert issued pursuant to this section should be broadcast.
(c) The California Highway Patrol, in consultation with the Department of Justice, shall review the Amber Plan as adopted by other states and Orange County's Child Abduction Regional Emergency Alert Program for guidance in developing appropriate policies and procedures for use of the Emergency Alert System and, where appropriate, other supplemental warning systems to report qualifying events.
(d) The California Highway Patrol, in conjunction with the Department of Justice, shall develop a comprehensive child abduction education plan to educate children in the state on the appropriate behavior to deter abduction. The California Highway Patrol shall convene a group consisting of a representative from the California State Sheriffs' Association, the California Police Chiefs' Association, and the California Peace Officers' Association, representatives of advocacy groups, and the Department of Education to assist in the development of a plan.
(b) The California Highway Patrol, in consultation with the Department of Justice, as well as a representative from the California State Sheriffs' Association, the California Police Chiefs' Association, and the California Peace Officers' Association, shall develop policies and procedures providing instruction specifying how a law enforcement agency, broadcaster participating in the Emergency Alert System, and any other intermediate emergency agency that may institute activation of the Emergency Alert System, and, where appropriate, other supplemental warning systems, shall proceed after a qualifying event described in subdivision (a) has been reported to a law enforcement agency. Those policies and procedures shall include, but not be limited to:
(1) Procedures for transfer of information regarding the victim and the qualifying event from the law enforcement agency to the broadcasters.
(2) Specification of the event code or codes that should be used if the Emergency Alert System is activated to report a qualifying event.
(3) Recommended language for an emergency alert issued pursuant to this section.
(4) Specification of information that shall be included by the reporting law enforcement agency, including which agency a person with information relating to the qualifying event should contact and how the person should contact the agency.
(5) Recommendations on the extent of the geographical area to which an emergency alert issued pursuant to this section should be broadcast.
(c) The California Highway Patrol, in consultation with the Department of Justice, shall review the Amber Plan as adopted by other states and Orange County's Child Abduction Regional Emergency Alert Program for guidance in developing appropriate policies and procedures for use of the Emergency Alert System and, where appropriate, other supplemental warning systems to report qualifying events.
(d) The California Highway Patrol, in conjunction with the Department of Justice, shall develop a comprehensive child abduction education plan to educate children in the state on the appropriate behavior to deter abduction. The California Highway Patrol shall convene a group consisting of a representative from the California State Sheriffs' Association, the California Police Chiefs' Association, and the California Peace Officers' Association, representatives of advocacy groups, and the Department of Education to assist in the development of a plan.
(a) For purposes of this section, "blue alert" means a
quick response system designed to issue and coordinate alerts
following an attack upon a law enforcement officer as described in
subdivision (b).
(b) In addition to the circumstances described in Section 8594, upon the request of an authorized person at a law enforcement agency that is investigating an offense described in paragraph (1), the California Highway Patrol shall activate the Emergency Alert System and issue a blue alert if all of the following conditions are met:
(1) A law enforcement officer has been killed, suffers serious bodily injury, or is assaulted with a deadly weapon, and the suspect has fled the scene of the offense.
(2) A law enforcement agency investigating the offense has determined that the suspect poses an imminent threat to the public or other law enforcement personnel.
(3) A detailed description of the suspect's vehicle or license plate is available for broadcast.
(4) Public dissemination of available information may help avert further harm or accelerate apprehension of the suspect.
(5) The California Highway Patrol has been designated to use the federally authorized Emergency Alert System for the issuance of blue alerts.
(c) The blue alert system incorporates a variety of notification resources and developing technologies that may be tailored to the circumstances and geography of the underlying attack. The blue alert system shall utilize the state-controlled Emergency Digital Information System, local digital signs, focused text, or other technologies, as appropriate, in addition to the federal Emergency Alert System, if authorized and under conditions permitted by the federal government.
(d) On or before December 31, 2011, the California Highway Patrol shall augment the department's public Internet Web site to include a blue alert link that describes the "blue alert" process, objectives, and available quick responses. The Internet Web site shall explain that the term blue alert will communicate that a law enforcement officer has been attacked or killed and that the scope of an alert will be tailored to the circumstances of the offense and available technologies.
(b) In addition to the circumstances described in Section 8594, upon the request of an authorized person at a law enforcement agency that is investigating an offense described in paragraph (1), the California Highway Patrol shall activate the Emergency Alert System and issue a blue alert if all of the following conditions are met:
(1) A law enforcement officer has been killed, suffers serious bodily injury, or is assaulted with a deadly weapon, and the suspect has fled the scene of the offense.
(2) A law enforcement agency investigating the offense has determined that the suspect poses an imminent threat to the public or other law enforcement personnel.
(3) A detailed description of the suspect's vehicle or license plate is available for broadcast.
(4) Public dissemination of available information may help avert further harm or accelerate apprehension of the suspect.
(5) The California Highway Patrol has been designated to use the federally authorized Emergency Alert System for the issuance of blue alerts.
(c) The blue alert system incorporates a variety of notification resources and developing technologies that may be tailored to the circumstances and geography of the underlying attack. The blue alert system shall utilize the state-controlled Emergency Digital Information System, local digital signs, focused text, or other technologies, as appropriate, in addition to the federal Emergency Alert System, if authorized and under conditions permitted by the federal government.
(d) On or before December 31, 2011, the California Highway Patrol shall augment the department's public Internet Web site to include a blue alert link that describes the "blue alert" process, objectives, and available quick responses. The Internet Web site shall explain that the term blue alert will communicate that a law enforcement officer has been attacked or killed and that the scope of an alert will be tailored to the circumstances of the offense and available technologies.
(a) For purposes of this section, "Silver Alert" means a
notification system, activated pursuant to subdivision (b), designed
to issue and coordinate alerts with respect to a person who is 65
years of age or older, developmentally disabled, or cognitively
impaired, and who is reported missing.
(b) (1) If a person is reported missing to a law enforcement agency and that agency determines that the requirements of subdivision (c) are met, the agency may request the Department of the California Highway Patrol to activate a Silver Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) are met, it shall activate a Silver Alert within the geographical area requested by the investigating law enforcement agency.
(2) Radio, television, and cable and satellite systems are encouraged to, but not required to, cooperate with disseminating the information contained in a Silver Alert.
(3) Upon activation of a Silver Alert, the Department of the California Highway Patrol shall assist the investigating law enforcement agency by issuing a be-on-the-lookout alert, an Emergency Digital Information Service message, an electronic flyer, or a changeable message sign in compliance with paragraph (4).
(4) Upon activation of a Silver Alert, the Department of the California Highway Patrol may use a changeable message sign if both of the following conditions are met:
(A) A law enforcement agency determines that a vehicle may be involved in the missing person incident.
(B) Specific vehicle identification is available for public dissemination.
(c) A law enforcement agency may request a Silver Alert be activated if that agency determines that all of the following conditions are met in regard to the investigation of the missing person:
(1) The missing person is 65 years of age or older, developmentally disabled, or cognitively impaired.
(2) The investigating law enforcement agency has utilized all available local resources.
(3) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances.
(4) The law enforcement agency believes that the person is in danger because of age, health, mental or physical disability, or environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril.
(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
(d) For purposes of this section, the following definitions have the following meanings:
(1) "Developmentally disabled" means affected by a developmental disability, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code.
(2) "Cognitively impaired" means affected by a cognitive impairment, as defined in Section 14522.4 of the Welfare and Institutions Code.
(b) (1) If a person is reported missing to a law enforcement agency and that agency determines that the requirements of subdivision (c) are met, the agency may request the Department of the California Highway Patrol to activate a Silver Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) are met, it shall activate a Silver Alert within the geographical area requested by the investigating law enforcement agency.
(2) Radio, television, and cable and satellite systems are encouraged to, but not required to, cooperate with disseminating the information contained in a Silver Alert.
(3) Upon activation of a Silver Alert, the Department of the California Highway Patrol shall assist the investigating law enforcement agency by issuing a be-on-the-lookout alert, an Emergency Digital Information Service message, an electronic flyer, or a changeable message sign in compliance with paragraph (4).
(4) Upon activation of a Silver Alert, the Department of the California Highway Patrol may use a changeable message sign if both of the following conditions are met:
(A) A law enforcement agency determines that a vehicle may be involved in the missing person incident.
(B) Specific vehicle identification is available for public dissemination.
(c) A law enforcement agency may request a Silver Alert be activated if that agency determines that all of the following conditions are met in regard to the investigation of the missing person:
(1) The missing person is 65 years of age or older, developmentally disabled, or cognitively impaired.
(2) The investigating law enforcement agency has utilized all available local resources.
(3) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances.
(4) The law enforcement agency believes that the person is in danger because of age, health, mental or physical disability, or environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril.
(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
(d) For purposes of this section, the following definitions have the following meanings:
(1) "Developmentally disabled" means affected by a developmental disability, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code.
(2) "Cognitively impaired" means affected by a cognitive impairment, as defined in Section 14522.4 of the Welfare and Institutions Code.
(a) For purposes of this section, the following terms have
the following meanings:
(1) "Serious bodily injury" means an injury that involves, either at the time of the actual injury or at a later time, a substantial risk of serious and permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part of the body, or a break, fracture, or burn of the second or third degree.
(2) "Yellow Alert" means a notification system, activated pursuant to subdivision (b), designed to issue and coordinate alerts with respect to a hit-and-run incident resulting in the death or injury of a person as described in Section 20001 of the Vehicle Code.
(b) (1) If a hit-and-run incident is reported to a law enforcement agency, and that agency determines that the requirements of subdivision (c) are met, the agency may request the Department of the California Highway Patrol to activate a Yellow Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) are met, it may activate a Yellow Alert within the geographic area requested by the investigating law enforcement agency.
(2) Radio, television, and cable and satellite systems are encouraged, but are not required, to cooperate with disseminating the information contained in a Yellow Alert.
(3) Upon activation of a Yellow Alert, the Department of the California Highway Patrol shall assist the investigating law enforcement agency by issuing the Yellow Alert via a changeable message sign.
(4) If there are multiple Yellow Alerts requested, the Department of the California Highway Patrol may prioritize the activation of alerts based on any factor including, but not limited to, the severity of the injury, the time elapsed between a hit-and-run incident and the request, or the likelihood that an activation would reasonably lead to the apprehension of a suspect.
(c) A law enforcement agency may request that a Yellow Alert be activated if that agency determines that all of the following conditions are met in regard to the investigation of the hit-and-run incident:
(1) A person has been killed or has suffered serious bodily injury due to a hit-and-run incident.
(2) There is an indication that a suspect has fled the scene utilizing the state highway system or is likely to be observed by the public on the state highway system.
(3) The investigating law enforcement agency has additional information concerning the suspect or the suspect's vehicle, including, but not limited to, any of the following:
(A) The complete license plate number of the suspect's vehicle.
(B) A partial license plate number and additional unique identifying characteristics, such as the make, model, and color of the suspect's vehicle, which could reasonably lead to the apprehension of the suspect.
(C) The identity of the suspect.
(4) Public dissemination of available information could either help avert further harm or accelerate apprehension of the suspect based on any factor including, but not limited to, the severity of the injury, the time elapsed between a hit-and-run incident and the request, or the likelihood that an activation would reasonably lead to the apprehension of a suspect.
(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
(1) "Serious bodily injury" means an injury that involves, either at the time of the actual injury or at a later time, a substantial risk of serious and permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part of the body, or a break, fracture, or burn of the second or third degree.
(2) "Yellow Alert" means a notification system, activated pursuant to subdivision (b), designed to issue and coordinate alerts with respect to a hit-and-run incident resulting in the death or injury of a person as described in Section 20001 of the Vehicle Code.
(b) (1) If a hit-and-run incident is reported to a law enforcement agency, and that agency determines that the requirements of subdivision (c) are met, the agency may request the Department of the California Highway Patrol to activate a Yellow Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) are met, it may activate a Yellow Alert within the geographic area requested by the investigating law enforcement agency.
(2) Radio, television, and cable and satellite systems are encouraged, but are not required, to cooperate with disseminating the information contained in a Yellow Alert.
(3) Upon activation of a Yellow Alert, the Department of the California Highway Patrol shall assist the investigating law enforcement agency by issuing the Yellow Alert via a changeable message sign.
(4) If there are multiple Yellow Alerts requested, the Department of the California Highway Patrol may prioritize the activation of alerts based on any factor including, but not limited to, the severity of the injury, the time elapsed between a hit-and-run incident and the request, or the likelihood that an activation would reasonably lead to the apprehension of a suspect.
(c) A law enforcement agency may request that a Yellow Alert be activated if that agency determines that all of the following conditions are met in regard to the investigation of the hit-and-run incident:
(1) A person has been killed or has suffered serious bodily injury due to a hit-and-run incident.
(2) There is an indication that a suspect has fled the scene utilizing the state highway system or is likely to be observed by the public on the state highway system.
(3) The investigating law enforcement agency has additional information concerning the suspect or the suspect's vehicle, including, but not limited to, any of the following:
(A) The complete license plate number of the suspect's vehicle.
(B) A partial license plate number and additional unique identifying characteristics, such as the make, model, and color of the suspect's vehicle, which could reasonably lead to the apprehension of the suspect.
(C) The identity of the suspect.
(4) Public dissemination of available information could either help avert further harm or accelerate apprehension of the suspect based on any factor including, but not limited to, the severity of the injury, the time elapsed between a hit-and-run incident and the request, or the likelihood that an activation would reasonably lead to the apprehension of a suspect.
(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
