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House
File
2370
-
Introduced
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
1
veterans,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
35E.1
Definitions.
1
For
purposes
of
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“At-risk
veteran”
means
a
veteran
who
is
reported
missing
4
under
circumstances
indicating
the
veteran
may
be
experiencing
5
a
mental
health
crisis,
emotional
distress,
cognitive
6
impairment,
substance-related
impairment,
or
other
condition
7
creating
a
credible
concern
for
the
veteran’s
well-being.
8
2.
“Department”
means
the
department
of
public
safety.
9
3.
“Green
alert”
means
a
confidential,
nonpublic
10
notification
to
facilitate
professional
coordination
for
the
11
safe
location
and
voluntary
assistance
of
a
missing
at-risk
12
veteran.
13
4.
“Veteran”
means
an
individual
who
served
in
the
armed
14
forces
of
the
United
States
and
who
was
discharged
or
released
15
under
conditions
other
than
dishonorable.
16
Sec.
2.
NEW
SECTION
.
35E.2
Green
alert
system.
17
1.
The
department
shall
establish
and
administer
a
green
18
alert
system
to
support
wellness-oriented
location
efforts
for
19
missing
at-risk
veterans.
20
2.
A
green
alert
shall
be
activated
if
all
of
the
following
21
conditions
are
met:
22
a.
A
veteran
is
reported
missing.
23
b.
The
person
requesting
a
green
alert
provides
specific
24
facts
indicating
a
potential
threat
to
the
veteran’s
25
well-being.
26
c.
The
department
receives
the
name,
contact
information,
27
and
relationship
to
the
veteran
of
the
person
requesting
a
28
green
alert.
29
d.
A
peace
officer
or
designated
public
safety
official
30
independently
verifies
the
credibility
of
the
report
and
31
determines
that
activation
of
a
green
alert
is
appropriate.
32
3.
The
verifying
officer
or
official
shall
document
the
33
basis
for
activating
a
green
alert.
34
4.
The
department
shall
review
the
status
of
the
green
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alert
every
seventy-two
hours
and
terminate
the
green
alert
1
immediately
upon
verification
that
the
at-risk
veteran
has
been
2
located
or
the
risk
has
passed.
3
5.
A
person
who
knowingly
submits
a
false
report
under
this
4
section
violates
section
718.6.
5
Sec.
3.
NEW
SECTION
.
35E.3
Confidentiality.
6
1.
The
department
shall
not
disseminate
a
green
alert
to
7
the
general
public
and
shall
not
utilize
an
emergency
broadcast
8
system,
wireless
emergency
alert,
highway
message
sign,
social
9
media,
or
other
publicly
accessible
notification
method.
10
2.
The
department
shall
only
disseminate
information
11
related
to
an
active
green
alert
to
the
following
entities:
12
a.
A
law
enforcement
agency.
13
b.
A
hospital
or
urgent
care
facility.
14
c.
Emergency
medical
services.
15
d.
A
community
mental
health
provider
or
crisis
response
16
team.
17
e.
A
veterans
service
organization
or
veteran
peer
support
18
program
approved
by
the
department.
19
f.
A
professional
service
entity
reasonably
believed
to
be
20
able
to
assist
in
locating
or
supporting
the
at-risk
veteran.
21
3.
The
department
shall
only
disseminate
information
22
reasonably
necessary
for
identification
of
and
voluntary
23
contact
with
an
at-risk
veteran.
24
Sec.
4.
NEW
SECTION
.
35E.4
Green
alert
response.
25
1.
A
response
associated
with
a
green
alert
must
prioritize
26
de-escalation,
voluntary
engagement,
and
trauma-informed
27
practices.
28
2.
An
agency
responding
to
a
green
alert
shall,
when
29
feasible,
involve
a
crisis
intervention
team,
veteran
peer
30
support
specialist,
or
mental
health
professional
trained
to
31
work
with
veterans.
32
3.
Veteran
status,
mental
health
history,
or
33
service-related
trauma
shall
not
be
presumed
to
indicate
34
dangerousness.
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Sec.
5.
NEW
SECTION
.
35E.5
Prohibited
uses.
1
Activation
of
a
green
alert
does
not
create
probable
cause
or
2
reasonable
suspicion
of
criminal
activity
and
shall
not
be
used
3
to
do
any
of
the
following:
4
1.
Initiate
an
arrest
absent
independent
probable
cause.
5
2.
Conduct
a
warrantless
detention.
6
3.
Justify
involuntary
commitment.
7
4.
Circumvent
constitutional
protections
or
statutory
due
8
process
requirements.
9
Sec.
6.
NEW
SECTION
.
35E.6
Priority.
10
The
green
alert
system
must
operate
independently
from
11
public
emergency
alert
channels.
Activation
of
a
green
12
alert
shall
not
delay
or
interfere
with
the
prioritization
13
of
a
public
emergency
alert
related
to
child
abduction
or
an
14
imminent
threat
to
the
public.
15
Sec.
7.
NEW
SECTION
.
35E.7
Data
collection.
16
1.
The
department
shall
maintain
annual
statistics
on
the
17
green
alert
system,
including
the
number
of
alerts
issued,
18
the
resolution
of
alerts,
and
verified
false
reports,
while
19
ensuring
all
personally
identifiable
information
is
protected.
20
2.
The
department
shall
not
publicly
release
personally
21
identifiable
information
related
to
a
green
alert
unless
the
22
veteran
or
the
veteran’s
legal
representative
affirmatively
23
consents
to
the
release
of
the
information.
24
Sec.
8.
NEW
SECTION
.
35E.8
Rules.
25
The
department
may
adopt
rules
pursuant
to
chapter
17A
as
26
necessary
to
administer
this
chapter.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
requires
the
department
of
public
safety
31
(department)
to
establish
a
nonpublic
green
alert
system
32
to
facilitate
professional
coordination
for
the
location
33
and
assistance
of
a
missing
at-risk
veteran.
A
green
alert
34
shall
be
activated
if
a
veteran
is
reported
missing
under
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circumstances
suggesting
that
the
veteran
is
at
risk
by
a
1
person
who
provides
adequate
personal
contact
information
2
and
the
report
of
the
at-risk
veteran
is
verified
by
a
peace
3
officer
or
public
safety
official.
The
officer
or
official
4
must
document
the
basis
for
activating
the
green
alert.
A
5
green
alert
must
be
reviewed
every
72
hours
and
terminated
upon
6
verification
that
the
veteran
has
been
located
or
the
risk
has
7
passed.
8
The
bill
provides
that
knowingly
submitting
a
false
report
9
to
the
green
alert
system
is
a
violation
of
Code
section
10
718.6
(false
reports
to
or
communications
with
public
safety
11
entities),
a
simple
misdemeanor.
A
simple
misdemeanor
is
12
punishable
by
confinement
for
no
more
than
30
days
and
a
fine
13
of
at
least
$105
but
not
more
than
$855.
14
The
bill
prohibits
the
department
from
disseminating
a
green
15
alert
to
the
general
public
or
using
a
publicly
accessible
16
notification
method.
Information
related
to
an
active
green
17
alert
may
only
be
disseminated
to
the
entities
listed
in
the
18
bill.
19
The
bill
requires
a
response
for
a
green
alert
to
prioritize
20
de-escalation,
voluntary
engagement,
and
trauma-informed
21
practices,
and
prohibits
the
green
alert
from
being
used
to
22
initiate
an
arrest
absent
independent
probable
cause,
conduct
23
a
warrantless
detention,
justify
involuntary
commitment,
or
24
circumvent
constitutional
protections
or
statutory
due
process
25
requirements.
26
The
bill
provides
that
the
green
alert
system
must
operate
27
independently
from
public
emergency
alert
channels
and
must
28
not
delay
or
interfere
with
the
prioritization
of
a
public
29
emergency
alert
related
to
child
abduction
or
an
imminent
30
threat
to
the
public.
31
The
bill
requires
the
department
to
maintain
annual
32
statistics
on
the
green
alert
system,
while
ensuring
all
33
personally
identifiable
information
is
protected.
Personally
34
identifiable
information
related
to
a
green
alert
shall
not
be
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publicly
released
without
the
consent
of
the
veteran
or
the
1
veteran’s
legal
representative.
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