| (a) The Silver Alert Network ("network") was developed
as a statewide emergency response system for certain missing senior
citizens and individuals diagnosed with Alzheimer's disease. The network
is designed to be activated when a missing senior citizen, 65 years
of age or older with a diagnosed impaired mental condition or when
any person diagnosed with Alzheimer's disease poses a credible threat
to his or her health and safety.
(b) A diagnosed impaired mental condition means a mental
condition or disorder as defined by the current version of the Diagnostic
and Statistical Manual as a clinically significant behavioral or psychological
syndrome or pattern that occurs in an individual and that is associated
with present distress or disability or with a significantly increased
risk of suffering death, pain, disability, or an important loss of
freedom. In addition, this individual's current condition presents
a significant level of impairment to pose a credible threat to the
individual's health and safety. The condition, e.g., Alzheimer's disease
or dementia, shall be documented by a medical or mental health professional.
(c) Activation of the network outside the established
criteria will ultimately cause the public to disregard the notifications,
and the system will lose effectiveness. In order to maintain a high
level of effectiveness, the department and local law enforcement must
ensure that the circumstances justifying activation are accurately
evaluated in order to implement the network in a responsible manner.
(d) Network activations must be limited to those instances
where the statutory criteria for activation are clearly established
by the specific facts of the case. The department has complete discretion
in making the final determination about the activation of the Silver
Alert Network.
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