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F I S C A L I M P A C T R E P O R T

SPONSOR Martinez, R.

ORIGINAL DATE

LAST UPDATED

2/22/07

HB

SHORT TITLE Amber Alerts for Persons with Alzheimer’s

SB 1189

ANALYST Peery-Galon

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Public Safety (DPS)

Aging and Long Term Services Department (ALTSD)

No Responses Received From

Public Regulations Commission

New Mexico Municipal League

New Mexico Association of Counties

SUMMARY

Synopsis of Bill

Senate Bill 1189 amends Section 29-15A-2 NMSA 1978 to include individuals with Alzheimer’s

to the procedures for Amber Alerts.

SIGNIFICANT ISSUES

Alzheimer’s disease is a progressive, degenerative disease that attacks the brain and results in

impaired memory, thinking and behavior. ALTSD states there are numerous concerns for the

safety of individuals with Alzheimer's disease including evidence of a dramatic increase in the

number of wanderers, or older individuals with Alzheimer who voluntarily walk away from their

home or caregiver(s). In New Mexico, 35,000 individuals are diagnosed with Alzheimer’s

disease or another form of dementia. ALTSD reports New Mexico’s rural geography and

extreme climate pose serious danger to those who wander.

Senate Bill 1189 – Page

2

The Alzheimer’s Association has developed a Project Lifesaver in New Mexico. Project

Lifesaver is implemented through law enforcement agencies to provide electronic monitoring of

individuals with Alzheimer’s disease or a related form of dementia whose wandering behavior

may place them at-risk. Individuals who are part of the Project Lifesaver Program wear a

personalized bracelet that emits a tracking signal. When a caregiver notifies the local law

enforcement agency that their loved one is missing, a search and rescue team responds and

begins searching with a mobile locater tracking system. Officers must receive training in

communication with the person who has Alzheimer’s disease or dementia. ALTSD states it is

vital that responders understand the disease process and how to best put the individual with

dementia at ease so they may be returned home.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

The proposed legislation has a relationship to Senate Bill 912, which creates the Endangered

Person's Advisory. In Senate Bill 912, endangered persons are defined as a missing person who

is in imminent danger of 1) causing harm to the person's self; 2) causing harm to another; or 3)

being harmed by another or who has been harmed by another. ALTSD notes individuals with

Alzheimer’s and other related dementias would be included under the definition for endangered

persons in Senate Bill 912.

OTHER SUBSTANTIVE ISSUES

Amber Alerts were created to help with immediate public notification for criminally abducted

children. DPS reports other groups have intentionally not been added to keep the number of

Amber Alerts to a minimum. DPS states if you add one group, then another group will want to

be added and the alerts will become common and less effective. DPS notes the importance of

finding those with Alzheimer’s disease or any missing person. However, DPS states its intent

regarding the analysis of the proposed legislation is to stress the importance of elevating

awareness and immediacy of action by law enforcement in child abduction investigations.

ALTERNATIVES

DPS suggests an alternative would be to establish local, smaller scale alerts for those missing

that have Alzheimer’s disease.

AMENDMENTS

ALTSD states the proposed legislation is restrictive in that it relates to the individuals, other than

children, who would be identified as having Alzheimer's disease. ALTSD notes Alzheimer's

disease is difficult to diagnose. ALTSD states the language in the proposed legislation does not

include "or related disorders" nor does it allow for alerts for missing persons whose

disappearance is considered "foul play."

RPG/mt