Amended IN Senate August 28, 2024 Amended IN Senate June 17, 2024 Amended IN Senate June 05, 2024 Amended IN Assembly April 25, 2024 Amended IN Assembly April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2348Introduced by Assembly Member Rodriguez RamosFebruary 12, 2024An act to amend Sections 1797.103, 1797.120, 1797.225, and 1797.254 of, and to add Sections 1797.235 and 1797.255 to, the Health and Safety Code, relating to emergency medical services. Section 8594.13 of the Government Code, and to amend Section 1 of Chapter 476 of the Statutes of 2022, relating to the California Emergency Services Act.LEGISLATIVE COUNSEL'S DIGESTAB 2348, as amended, Rodriguez Ramos. Emergency medical services. California Emergency Services Act: notification systems: Feather Alert.Existing law, the California Emergency Services Act, authorizes use of the Emergency Alert System to inform the public of local, state, and national emergencies. Existing law authorizes a law enforcement agency to request the Department of the California Highway Patrol to activate a Feather Alert, as defined, if the law enforcement agency determines that specified criteria are satisfied with respect to an endangered indigenous person who has been reported missing under unexplained or suspicious circumstances. Existing law requires the department, if it concurs that those specified requirements are met, to activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency and to assist the agency by disseminating specified alert messages and signs. Existing law requires the department to create and submit a report to the Governors office and the Legislature that includes an evaluation of the Feather Alert, as specified.This bill would require the department, in consultation with specified groups including tribal nations, to develop policies and procedures providing instruction specifying how a law enforcement agency and certain entities involved in emergency warnings are required to proceed after a missing person has been reported to a law enforcement agency, as defined, and prescribed conditions are met. The bill would require those policies and procedures to include, among other things, procedures for the transfer of information regarding the missing person and the circumstances surrounding the missing persons disappearance, as specified.This bill would require the department to respond to a law enforcement agencys or tribes request to activate a Feather Alert within 48 hours of receiving the request. The bill would require the department to take reasonable steps to confirm that a report from a missing persons family members is not an attempt to locate an indigenous person who is intentionally avoiding or evading abuse, as specified. If the department declines to activate a Feather Alert, the bill would require it to provide written notice to the requesting law enforcement agency or tribe, as specified.This bill would revise the conditions under which a law enforcement agency or tribe may request the department to activate a Feather Alert. In this regard, the bill would authorize the agency or tribe to make that request if the law enforcement agency determines a Feather Alert would be an effective tool in the investigation of missing and murdered indigenous persons. To make that determination, the bill would require a law enforcement agency to consider prescribed factors, including, among other things, that the agency or tribe believes that the person is in danger and is missing under specified circumstances. The bill would require a law enforcement agency to make that determination within 24 hours following the initial report being made to the agency and would authorize a tribe to directly request the department to activate a Feather Alert if the law enforcement agency does not make a determination within 24 hours. By creating a new duty for local law enforcement agencies, this bill would impose a state-mandated local program.This bill would revise the reporting requirement described above to require the department to work with law enforcement agencies and tribal nations to create the report and to submit the report no later than January 1, 2027. The bill would require the report to include information on the efficacy and advantages of the Feather Alert, including, but not limited to, statistical data on the number of cases closed and the number of cases that remain open, and the impact of the Feather Alert on other alert programs.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical services (EMS) systems. The act establishes the Emergency Medical Services Authority (authority), which is responsible for the coordination and integration of all emergency medical services. Existing law authorizes each county to develop an emergency medical services program and requires a county that does so to designate a local EMS agency (LEMSA). Existing law makes a violation of the act or regulations adopted pursuant to the act punishable as a misdemeanor.Existing law requires the authority to develop planning and implementation guidelines for emergency medical services systems that address specified components, including the assessment of hospital and critical care centers and data collection and evaluation.This bill would require the authority to develop planning and implementation guidelines for response times and exemptions. This bill would require the authority to develop a statewide standard methodology for calculation and reporting by a LEMSA of response times for emergency ambulance service providers. The bill would require the authority to ensure the guidelines include a list of specified standardized terminology for a LEMSA to use when granting exemptions or when modifying original response time data for required public reporting of 911 response time.Upon the authority adopting a statewide standard, this bill would require a LEMSA to adopt policies and procedures for calculating and reporting of response times. The bill would require a LEMSA to report emergency ambulance services provider response times to the authority in a data dispatch form, as specified. The bill would require an emergency ambulance services provider to report response times to the LEMSA that has jurisdiction over the provider. The bill would require the LEMSA to post emergency ambulance services provider response times monthly on the LEMSAs internet website in specified formats.Existing law authorizes a LEMSA to adopt policies and procedures for calculating and reporting ambulance patient offload times.This bill would make adoption of those policies and procedures mandatory.Existing law requires a LEMSA to annually submit an EMS plan for the EMS area to the authority according to systems, standards, and guidelines established by the authority.This bill would require a LEMSA to include in an EMS plan the LEMSAs annual budget, a list of administrative exemptions and a list of administrative modifications relating to response time that were approved by the LEMSA, and any exemptions granted by the LEMSA in the previous calendar year. The bill would require a LEMSA to make its plan accessible on its internet website, and would require the authority to make each EMS plan submitted to the authority accessible on the authoritys internet website, as specified. The bill would require a LEMSA to use the above-described standardized terminology developed by the authority to the extent possible.Because the bill would create new requirements within the act, thereby expanding the scope of an existing crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8594.13 of the Government Code is amended to read:8594.13.(a)For purposes of this section, Feather8594.13. (a) For purposes of this section, the following terms apply:(1) Feather Alert means a notification system, activated pursuant to subdivision (b), (d), designed to issue and coordinate alerts with respect to endangered indigenous people, specifically indigenous women or indigenous people, who are reported missing under unexplained or suspicious circumstances. missing.(2) Law enforcement agency means a state, local, or tribal law enforcement agency or police department.(3) Tribe or Tribe of California means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004 and Chapter 532 of the Statutes of 2014.(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 law enforcement agency may request the Department of the California Highway Patrol to activate a Feather Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) have been met, it shall activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency.(b) The Department of the California Highway Patrol, in consultation with tribal nations, 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, a broadcaster participating in the Emergency Alert System, and any other intermediate emergency agency that may institute activation of the Feather Alert, and, where appropriate, other supplemental warning systems, shall proceed after a missing person has been reported to a law enforcement agency and the conditions described in subdivision (e) are met. Those policies and procedures shall include, but not be limited to:(1) Procedures for the transfer of information regarding the missing person and the circumstances surrounding the missing persons disappearance from the law enforcement agency to the broadcasters.(2) Specification of the event code or codes that should be used if the Feather Alert is activated to report a missing person.(3) Recommended language for a Feather 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 missing person should contact and how the person should contact the agency.(5) Recommendations on the extent of the geographical area to which a Feather Alert issued pursuant to this section should be broadcast.(c) (1) A law enforcement agency or Tribe of California may directly request the Department of the California Highway Patrol to activate a Feather Alert consistent with the requirements of paragraph (2).(2) (A) If a person is reported missing to a law enforcement agency and that agency determines that the requirements of subdivision (e) are met, the law enforcement agency or Tribe of California may request the Department of the California Highway Patrol to activate a Feather Alert.(B) (i) For purposes of this subdivision, a law enforcement agency shall make a determination that the requirements of subdivision (e) are met within 24 hours, following the initial report being made to the agency.(ii) If the law enforcement agency does not make a determination within 24 hours as required by clause (i), then the Tribe of California may directly request the Department of the California Highway Patrol to activate a Feather Alert.(d) If the Department of the California Highway Patrol concurs that the requirements of subdivision (e) have been met, it shall activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency.(1) (A) The Department of the California Highway Patrol shall respond to a law enforcement agencys or tribes request to activate a Feather Alert within 48 hours of receiving the request.(B) The department shall take reasonable steps to confirm that a report from a missing persons family members is not an attempt to locate an indigenous woman or indigenous person who is intentionally avoiding or evading abuse in any of the following forms:(i) Sexual assault.(ii) Sexual harassment.(iii) Domestic violence.(iv) Intimate partner violence.(2) If the Department of the California Highway Patrol declines to activate a Feather Alert, it shall provide written notice to the requesting law enforcement agency or tribe of the reasons for declining the request within 48 hours of issuing its decision. (2)(3) Radio, television, cable, satellite, and social media systems are encouraged to, but not required to, cooperate with disseminating the information contained in a Feather Alert.(3)(4) Upon activation of a Feather Alert, the Department of the California Highway Patrol shall assist the make all reasonable efforts to locate the missing person and to assist each investigating law enforcement agency and tribe in their efforts to locate the missing person by issuing a be-on-the-lookout alert, an electronic flyer, a social media post, or changeable message signs in compliance with paragraph (4). (5).(4)(5) Upon activation of a Feather 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 identifying information about the vehicle is available for public dissemination.(c)(e) A law enforcement agency may request that a Feather Alert be activated if that agency determines that all of the following conditions are met regarding the investigation of a missing person: a Feather Alert would be an effective tool in the investigation of missing and murdered indigenous persons, including young women or girls. The law enforcement agency shall consider the following factors to make that determination:(1) The missing person is an indigenous woman or an indigenous person.(2) The investigating law enforcement agency has utilized available local and tribal resources.(3) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances. is missing.(4) The law enforcement agency or tribe 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. and is missing under circumstances that indicate any of the following:(A) The missing persons physical safety may be endangered.(B) The missing person may be subject to trafficking.(C) The missing person suffers from a mental or physical disability, or a substance use disorder.(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.(f) (1) The Department of the California Highway Patrol shall work with law enforcement agencies and tribal nations to create and submit a report to the Governors office and the Legislature. The report shall include the following information:(A) The efficacy and advantages of the Feather Alert, including, but not limited to, statistical data on the number of cases closed and the number of cases that remain open.(B) The impact of the Feather Alert on other alert programs.(d)(2) The Department of the California Highway Patrol shall create and submit a report to the Governors office and the Legislature that includes an evaluation of the Feather Alert, including the efficacy, the advantages, and the impact to other alert programs. The Department shall submit the report submit the report in paragraph (1) to the Legislature in compliance with Section 9795 no later than January 1, 2027.(3) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2031, pursuant to Section 10231.5.SEC. 2. Section 1 of Chapter 476 of the Statutes of 2022 is amended to read:SECTION Section 1. The Legislature finds and declares all of the following:(a) Indigenous people experience high rates of violence and are reported missing or are murdered at high rates. A 2016 study by the National Institute of Justice found that more than four in five American Indian and Alaska Native adults have experienced some form of violence in their lifetime.(b) Indigenous women, girls, and people are disproportionately affected by domestic violence, human trafficking, and murder, and become missing at much higher rates than people of other racial groups.(c) The Urban Indian Health Institute conducted various studies and found there to be over 5,700 cases of missing and murdered indigenous women, but only 116 of the women in the cases were placed on the United States Department of Justices missing persons list. In 2020, the Sovereign Bodies Institute found that only 165 missing and murdered indigenous women, girls, and two-spirit individuals were reported across California. The amount of cases reported makes California one of the top five states with the highest number of cases. The report was funded and coauthored by the Yurok Tribe.(d) As California has the largest population of Native Americans out of any state in the United States, the Legislature intends to address the crisis of missing and murdered indigenous people persons to ensure that it is a priority at every level.(e) With more than 109 federally recognized tribes, California is home to more federally recognized tribal governments than any other state in the United States.(f) Law enforcement agencies of federally recognized tribal governments often receive more detailed and updated information because of the trust they have with the tribal communities they serve, and therefore play a critical role in recovering a missing indigenous person. (e)(g) In June 2019, several stakeholders requested an audit of the Lanterman-Petris-Short Act in an effort to better inform future decisionmaking in mental health treatment and care. The audit supported that the use of an alert system, such as the Amber Alert, encourages the participation between law enforcement agencies, local resources, including tribal law enforcement agencies and resources, and the media to engage in a comprehensive protocol for a missing person. It also allows for an effective time-critical response to abductors who can disappear with an individual quickly.(f)(h) The Legislature intends to provide law enforcement with additional tools to disseminate timely, accurate information to engage the public more effectively in assisting with locating missing indigenous people persons and to compensate for the unique challenges that indigenous communities face in accessing media coverage and the ability to share information.(g)(i) The goal of the Feather Alert System is to engage with law enforcement agencies to notify the public when an indigenous person is kidnapped. missing.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 1797.103 of the Health and Safety Code is amended to read:1797.103.The authority shall develop planning and implementation guidelines for emergency medical services systems which address the following components:(a)Staffing and training.(b)Communications.(c)Response and transportation, including response times and exemptions.(d)Assessment of hospitals and critical care centers.(e)System organization and management.(f)Data collection, evaluation, and quality improvement.(g)Public information and education.(h)Disaster medical response.SEC. 2.Section 1797.120 of the Health and Safety Code is amended to read:1797.120.(a)The authority shall develop, using input from stakeholders, including, but not limited to, hospitals, local EMS agencies, and public and private EMS providers, and, after approval by the commission pursuant to Section 1799.50, adopt a statewide standard methodology for the calculation and reporting by a local EMS agency of response times for all emergency ambulance services provided and ambulance patient offload time.(b)The standard statewide methodology developed and adopted by the authority under this section shall use a fractal reporting format report that includes, at a minimum, a 90th percentile benchmark.(c)For the purposes of this section, ambulance patient offload time means the interval between the arrival of an ambulance patient at an emergency department and the time that the patient is transferred to an emergency department gurney, bed, chair, or other acceptable location and the emergency department assumes responsibility for care of the patient.(d)For purposes of this division, response time means the interval between the point in time when the address or location is received by the responding EMS providers dispatch center and the point in time that the transporting ambulance unit arrives at the provided address or location.(e)The authority shall ensure the EMS system planning and implementation guidelines for response times performance reporting comply with all of the following requirements:(1)The guidelines shall include a list of standardized terminology for local emergency medical services agencies to use when granting exemptions or when modifying original response time data for any publicly reported 911 response times required by this section. The list of standardized terminology shall include the following terms and definitions:(A)Cancelled calls means an EMS response in which the responding unit is notified and begins the response, but the response is terminated prior to the responding EMS unit arrival on scene using predefined objective criteria.(B)Do not count means an EMS response generated within the computer-aided dispatch (CAD) incident data that, upon review, does not satisfy the criteria for an EMS response that is subject to compliance monitoring using predefined objective criteria.(C)Exemption means an EMS response where the incident data is administratively excluded from the CAD data used to calculate response interval compliance using predefined objective criteria.(D)Time correction means an EMS response where defined points in time in the CAD incident data are administratively modified from the original CAD incident data using predefined objective criteria.(2)The list of standardized terminology described in paragraph (1) shall include common reasons for granting exemptions from 911 response times in the various emergency medical services areas of the state.(f)Nothing in this section supersedes Section 1797.201.SEC. 3.Section 1797.225 of the Health and Safety Code is amended to read:1797.225.(a)A local EMS agency shall adopt policies and procedures for calculating and reporting ambulance patient offload time, as defined in subdivision (c) of Section 1797.120.(b)A local EMS agency that adopts policies and procedures for calculating and reporting ambulance patient offload time pursuant to subdivision (a) shall do all of the following:(1)Use the statewide standard methodology for calculating and reporting ambulance patient offload time developed by the authority pursuant to Section 1797.120.(2)Establish criteria for the reporting of, and quality assurance followup for, a nonstandard patient offload time, as defined in subdivision (c).(c)(1)For the purposes of this section, a nonstandard patient offload time means that the ambulance patient offload time for a patient exceeds a period of time designated in the criteria established by the local EMS agency pursuant to paragraph (2) of subdivision (b).(2)Nonstandard patient offload time does not include instances when the ambulance patient offload time exceeds the period set by the local EMS agency due to acts of God, natural disasters, or manmade disasters.SEC. 4.Section 1797.235 is added to the Health and Safety Code, to read:1797.235.(a)Upon the authority adopting a statewide standard, a local EMS agency shall adopt policies and procedures for calculating and reporting of response times, as defined in subdivision (d) of Section 1797.120, for emergency ambulance services providers.(b)(1)A local EMS agency shall use the statewide standard methodology for calculating and reporting response interval performance developed by the authority pursuant to subdivision (a) of Section 1797.120.(2)When establishing response time compliance requirements, the local EMS agency shall weigh the risk to the safety of the responding crew and public against the severity of the medical emergency when determining what level of response and time allotment to require from an emergency ambulance services provider.(c)Local EMS agency response times reporting shall include data from all emergency ambulance services providers where the aggregate annual transport volume of all emergency ambulance transports for all exclusive operating areas exceeds 7,500 transports per calendar year within their jurisdiction.(d)A local EMS agency shall report emergency ambulance services provider response times to the authority in a data dispatch form that is consistent with the California Emergency Medical Services Information System (CEMSIS) and the National Emergency Medical Services Information System (NEMSIS) standards, as specified by the authority, including with the following:(1)The point in time that the public safety agency dispatch center receives the EMS call.(2)The point in time that the EMS providers dispatch center that is responsible for directly dispatching the ambulance unit receives EMS caller data from a public agency dispatch center.(3)The point in time that the responding ambulance unit is notified of EMS caller data by dispatch.(4)The point in time that the ambulance unit is en route.(5)The point in time that the ambulance unit arrives on scene.(6)The emergency medical dispatch (EMD) code at which the call was dispatched and any upgrades or downgrades, if applicable.(e)(1)A local EMS agency shall make response times publicly available monthly on the local EMS agency internet website both in raw form and on a 90th percentile fractal compliance scale. For purposes of this subdivision, raw form means the response time prior to administrative exemptions or modification.(2)The local EMS agency shall include on the local EMS agencys internet website the response times provided to the local EMS agency by an emergency ambulance services provider pursuant to subdivisions (c) and (g).(3)The Local EMS agency shall publish data not more than 60 calendar days after the last day of the monthly reporting period.(f)For purposes of this section, EMS caller data means the address or location of the emergency.(g)An emergency ambulance services provider shall report response times to the local EMS agency that has jurisdiction over the provider in the manner described in subdivision (d).(h)This section does not apply to calls not originating in the 911 system.(i)This section does not prohibit the local EMS agency from reporting response interval compliance from emergency ambulance services providers that do not satisfy the requirements described in subdivision (c).(j)Nothing in this section supersedes Section 1797.201.SEC. 5.Section 1797.254 of the Health and Safety Code is amended to read:1797.254.(a)Local EMS agencies shall annually submit an emergency medical services plan that includes the local EMS agencys annual budget for the EMS area to the authority, according to EMS Systems, Standards, and Guidelines established by the authority.(b)The authority shall approve or request changes to the proposed plans within 90 calendar days of receipt.(c)(1)A local EMS agency shall make the plan accessible on the agencys internet website within 30 calendar days of approval by the authority.(2)The authority shall make each local EMS agency plan submitted to the authority accessible on the authoritys internet website within 30 calendar days of approval by the authority.SEC. 6.Section 1797.255 is added to the Health and Safety Code, to read:1797.255.(a)Each local EMS agency shall include in the annual EMS plan required by Section 1797.254 all of the following:(1)The list of administrative exemptions approved by the local EMS agency, if any, relating to 911 response time performance standards.(2)The list of administrative modifications relating to reported response time performance standards approved by the local EMS agency, if any.(3)Any exemptions from meeting 911 response times granted by the local EMS agency in the previous calendar year.(4)An analysis of clinical outcome data supporting their existing response framework.(b)For purposes of subdivision (a), when standardized terminology for exemptions is established by the authority pursuant to Section 1797.120, local EMS agencies shall utilize those standardized terms to the extent possible.(c)This section does not prohibit a local EMS agency from granting exemptions that do not use the terminology established by the authority when the reason for granting the exemption does not meet the definition of a term established by the authority.(d)This section does not prohibit a local EMS agency, when utilizing standardized terminology to grant exemptions from 911 response times, from including additional information or rationales when granting exemptions.SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
Amended IN Senate August 28, 2024 Amended IN Senate June 17, 2024 Amended IN Senate June 05, 2024 Amended IN Assembly April 25, 2024 Amended IN Assembly April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2348Introduced by Assembly Member Rodriguez RamosFebruary 12, 2024An act to amend Sections 1797.103, 1797.120, 1797.225, and 1797.254 of, and to add Sections 1797.235 and 1797.255 to, the Health and Safety Code, relating to emergency medical services. Section 8594.13 of the Government Code, and to amend Section 1 of Chapter 476 of the Statutes of 2022, relating to the California Emergency Services Act.LEGISLATIVE COUNSEL'S DIGESTAB 2348, as amended, Rodriguez Ramos. Emergency medical services. California Emergency Services Act: notification systems: Feather Alert.Existing law, the California Emergency Services Act, authorizes use of the Emergency Alert System to inform the public of local, state, and national emergencies. Existing law authorizes a law enforcement agency to request the Department of the California Highway Patrol to activate a Feather Alert, as defined, if the law enforcement agency determines that specified criteria are satisfied with respect to an endangered indigenous person who has been reported missing under unexplained or suspicious circumstances. Existing law requires the department, if it concurs that those specified requirements are met, to activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency and to assist the agency by disseminating specified alert messages and signs. Existing law requires the department to create and submit a report to the Governors office and the Legislature that includes an evaluation of the Feather Alert, as specified.This bill would require the department, in consultation with specified groups including tribal nations, to develop policies and procedures providing instruction specifying how a law enforcement agency and certain entities involved in emergency warnings are required to proceed after a missing person has been reported to a law enforcement agency, as defined, and prescribed conditions are met. The bill would require those policies and procedures to include, among other things, procedures for the transfer of information regarding the missing person and the circumstances surrounding the missing persons disappearance, as specified.This bill would require the department to respond to a law enforcement agencys or tribes request to activate a Feather Alert within 48 hours of receiving the request. The bill would require the department to take reasonable steps to confirm that a report from a missing persons family members is not an attempt to locate an indigenous person who is intentionally avoiding or evading abuse, as specified. If the department declines to activate a Feather Alert, the bill would require it to provide written notice to the requesting law enforcement agency or tribe, as specified.This bill would revise the conditions under which a law enforcement agency or tribe may request the department to activate a Feather Alert. In this regard, the bill would authorize the agency or tribe to make that request if the law enforcement agency determines a Feather Alert would be an effective tool in the investigation of missing and murdered indigenous persons. To make that determination, the bill would require a law enforcement agency to consider prescribed factors, including, among other things, that the agency or tribe believes that the person is in danger and is missing under specified circumstances. The bill would require a law enforcement agency to make that determination within 24 hours following the initial report being made to the agency and would authorize a tribe to directly request the department to activate a Feather Alert if the law enforcement agency does not make a determination within 24 hours. By creating a new duty for local law enforcement agencies, this bill would impose a state-mandated local program.This bill would revise the reporting requirement described above to require the department to work with law enforcement agencies and tribal nations to create the report and to submit the report no later than January 1, 2027. The bill would require the report to include information on the efficacy and advantages of the Feather Alert, including, but not limited to, statistical data on the number of cases closed and the number of cases that remain open, and the impact of the Feather Alert on other alert programs.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical services (EMS) systems. The act establishes the Emergency Medical Services Authority (authority), which is responsible for the coordination and integration of all emergency medical services. Existing law authorizes each county to develop an emergency medical services program and requires a county that does so to designate a local EMS agency (LEMSA). Existing law makes a violation of the act or regulations adopted pursuant to the act punishable as a misdemeanor.Existing law requires the authority to develop planning and implementation guidelines for emergency medical services systems that address specified components, including the assessment of hospital and critical care centers and data collection and evaluation.This bill would require the authority to develop planning and implementation guidelines for response times and exemptions. This bill would require the authority to develop a statewide standard methodology for calculation and reporting by a LEMSA of response times for emergency ambulance service providers. The bill would require the authority to ensure the guidelines include a list of specified standardized terminology for a LEMSA to use when granting exemptions or when modifying original response time data for required public reporting of 911 response time.Upon the authority adopting a statewide standard, this bill would require a LEMSA to adopt policies and procedures for calculating and reporting of response times. The bill would require a LEMSA to report emergency ambulance services provider response times to the authority in a data dispatch form, as specified. The bill would require an emergency ambulance services provider to report response times to the LEMSA that has jurisdiction over the provider. The bill would require the LEMSA to post emergency ambulance services provider response times monthly on the LEMSAs internet website in specified formats.Existing law authorizes a LEMSA to adopt policies and procedures for calculating and reporting ambulance patient offload times.This bill would make adoption of those policies and procedures mandatory.Existing law requires a LEMSA to annually submit an EMS plan for the EMS area to the authority according to systems, standards, and guidelines established by the authority.This bill would require a LEMSA to include in an EMS plan the LEMSAs annual budget, a list of administrative exemptions and a list of administrative modifications relating to response time that were approved by the LEMSA, and any exemptions granted by the LEMSA in the previous calendar year. The bill would require a LEMSA to make its plan accessible on its internet website, and would require the authority to make each EMS plan submitted to the authority accessible on the authoritys internet website, as specified. The bill would require a LEMSA to use the above-described standardized terminology developed by the authority to the extent possible.Because the bill would create new requirements within the act, thereby expanding the scope of an existing crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate August 28, 2024 Amended IN Senate June 17, 2024 Amended IN Senate June 05, 2024 Amended IN Assembly April 25, 2024 Amended IN Assembly April 01, 2024
Amended IN Senate August 28, 2024
Amended IN Senate June 17, 2024
Amended IN Senate June 05, 2024
Amended IN Assembly April 25, 2024
Amended IN Assembly April 01, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2348
Introduced by Assembly Member Rodriguez RamosFebruary 12, 2024
Introduced by Assembly Member Rodriguez Ramos
February 12, 2024
An act to amend Sections 1797.103, 1797.120, 1797.225, and 1797.254 of, and to add Sections 1797.235 and 1797.255 to, the Health and Safety Code, relating to emergency medical services. Section 8594.13 of the Government Code, and to amend Section 1 of Chapter 476 of the Statutes of 2022, relating to the California Emergency Services Act.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2348, as amended, Rodriguez Ramos. Emergency medical services. California Emergency Services Act: notification systems: Feather Alert.
Existing law, the California Emergency Services Act, authorizes use of the Emergency Alert System to inform the public of local, state, and national emergencies. Existing law authorizes a law enforcement agency to request the Department of the California Highway Patrol to activate a Feather Alert, as defined, if the law enforcement agency determines that specified criteria are satisfied with respect to an endangered indigenous person who has been reported missing under unexplained or suspicious circumstances. Existing law requires the department, if it concurs that those specified requirements are met, to activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency and to assist the agency by disseminating specified alert messages and signs. Existing law requires the department to create and submit a report to the Governors office and the Legislature that includes an evaluation of the Feather Alert, as specified.This bill would require the department, in consultation with specified groups including tribal nations, to develop policies and procedures providing instruction specifying how a law enforcement agency and certain entities involved in emergency warnings are required to proceed after a missing person has been reported to a law enforcement agency, as defined, and prescribed conditions are met. The bill would require those policies and procedures to include, among other things, procedures for the transfer of information regarding the missing person and the circumstances surrounding the missing persons disappearance, as specified.This bill would require the department to respond to a law enforcement agencys or tribes request to activate a Feather Alert within 48 hours of receiving the request. The bill would require the department to take reasonable steps to confirm that a report from a missing persons family members is not an attempt to locate an indigenous person who is intentionally avoiding or evading abuse, as specified. If the department declines to activate a Feather Alert, the bill would require it to provide written notice to the requesting law enforcement agency or tribe, as specified.This bill would revise the conditions under which a law enforcement agency or tribe may request the department to activate a Feather Alert. In this regard, the bill would authorize the agency or tribe to make that request if the law enforcement agency determines a Feather Alert would be an effective tool in the investigation of missing and murdered indigenous persons. To make that determination, the bill would require a law enforcement agency to consider prescribed factors, including, among other things, that the agency or tribe believes that the person is in danger and is missing under specified circumstances. The bill would require a law enforcement agency to make that determination within 24 hours following the initial report being made to the agency and would authorize a tribe to directly request the department to activate a Feather Alert if the law enforcement agency does not make a determination within 24 hours. By creating a new duty for local law enforcement agencies, this bill would impose a state-mandated local program.This bill would revise the reporting requirement described above to require the department to work with law enforcement agencies and tribal nations to create the report and to submit the report no later than January 1, 2027. The bill would require the report to include information on the efficacy and advantages of the Feather Alert, including, but not limited to, statistical data on the number of cases closed and the number of cases that remain open, and the impact of the Feather Alert on other alert programs.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical services (EMS) systems. The act establishes the Emergency Medical Services Authority (authority), which is responsible for the coordination and integration of all emergency medical services. Existing law authorizes each county to develop an emergency medical services program and requires a county that does so to designate a local EMS agency (LEMSA). Existing law makes a violation of the act or regulations adopted pursuant to the act punishable as a misdemeanor.Existing law requires the authority to develop planning and implementation guidelines for emergency medical services systems that address specified components, including the assessment of hospital and critical care centers and data collection and evaluation.This bill would require the authority to develop planning and implementation guidelines for response times and exemptions. This bill would require the authority to develop a statewide standard methodology for calculation and reporting by a LEMSA of response times for emergency ambulance service providers. The bill would require the authority to ensure the guidelines include a list of specified standardized terminology for a LEMSA to use when granting exemptions or when modifying original response time data for required public reporting of 911 response time.Upon the authority adopting a statewide standard, this bill would require a LEMSA to adopt policies and procedures for calculating and reporting of response times. The bill would require a LEMSA to report emergency ambulance services provider response times to the authority in a data dispatch form, as specified. The bill would require an emergency ambulance services provider to report response times to the LEMSA that has jurisdiction over the provider. The bill would require the LEMSA to post emergency ambulance services provider response times monthly on the LEMSAs internet website in specified formats.Existing law authorizes a LEMSA to adopt policies and procedures for calculating and reporting ambulance patient offload times.This bill would make adoption of those policies and procedures mandatory.Existing law requires a LEMSA to annually submit an EMS plan for the EMS area to the authority according to systems, standards, and guidelines established by the authority.This bill would require a LEMSA to include in an EMS plan the LEMSAs annual budget, a list of administrative exemptions and a list of administrative modifications relating to response time that were approved by the LEMSA, and any exemptions granted by the LEMSA in the previous calendar year. The bill would require a LEMSA to make its plan accessible on its internet website, and would require the authority to make each EMS plan submitted to the authority accessible on the authoritys internet website, as specified. The bill would require a LEMSA to use the above-described standardized terminology developed by the authority to the extent possible.Because the bill would create new requirements within the act, thereby expanding the scope of an existing crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the California Emergency Services Act, authorizes use of the Emergency Alert System to inform the public of local, state, and national emergencies. Existing law authorizes a law enforcement agency to request the Department of the California Highway Patrol to activate a Feather Alert, as defined, if the law enforcement agency determines that specified criteria are satisfied with respect to an endangered indigenous person who has been reported missing under unexplained or suspicious circumstances. Existing law requires the department, if it concurs that those specified requirements are met, to activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency and to assist the agency by disseminating specified alert messages and signs. Existing law requires the department to create and submit a report to the Governors office and the Legislature that includes an evaluation of the Feather Alert, as specified.
This bill would require the department, in consultation with specified groups including tribal nations, to develop policies and procedures providing instruction specifying how a law enforcement agency and certain entities involved in emergency warnings are required to proceed after a missing person has been reported to a law enforcement agency, as defined, and prescribed conditions are met. The bill would require those policies and procedures to include, among other things, procedures for the transfer of information regarding the missing person and the circumstances surrounding the missing persons disappearance, as specified.
This bill would require the department to respond to a law enforcement agencys or tribes request to activate a Feather Alert within 48 hours of receiving the request. The bill would require the department to take reasonable steps to confirm that a report from a missing persons family members is not an attempt to locate an indigenous person who is intentionally avoiding or evading abuse, as specified. If the department declines to activate a Feather Alert, the bill would require it to provide written notice to the requesting law enforcement agency or tribe, as specified.
This bill would revise the conditions under which a law enforcement agency or tribe may request the department to activate a Feather Alert. In this regard, the bill would authorize the agency or tribe to make that request if the law enforcement agency determines a Feather Alert would be an effective tool in the investigation of missing and murdered indigenous persons. To make that determination, the bill would require a law enforcement agency to consider prescribed factors, including, among other things, that the agency or tribe believes that the person is in danger and is missing under specified circumstances. The bill would require a law enforcement agency to make that determination within 24 hours following the initial report being made to the agency and would authorize a tribe to directly request the department to activate a Feather Alert if the law enforcement agency does not make a determination within 24 hours. By creating a new duty for local law enforcement agencies, this bill would impose a state-mandated local program.
This bill would revise the reporting requirement described above to require the department to work with law enforcement agencies and tribal nations to create the report and to submit the report no later than January 1, 2027. The bill would require the report to include information on the efficacy and advantages of the Feather Alert, including, but not limited to, statistical data on the number of cases closed and the number of cases that remain open, and the impact of the Feather Alert on other alert programs.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical services (EMS) systems. The act establishes the Emergency Medical Services Authority (authority), which is responsible for the coordination and integration of all emergency medical services. Existing law authorizes each county to develop an emergency medical services program and requires a county that does so to designate a local EMS agency (LEMSA). Existing law makes a violation of the act or regulations adopted pursuant to the act punishable as a misdemeanor.
Existing law requires the authority to develop planning and implementation guidelines for emergency medical services systems that address specified components, including the assessment of hospital and critical care centers and data collection and evaluation.
This bill would require the authority to develop planning and implementation guidelines for response times and exemptions. This bill would require the authority to develop a statewide standard methodology for calculation and reporting by a LEMSA of response times for emergency ambulance service providers. The bill would require the authority to ensure the guidelines include a list of specified standardized terminology for a LEMSA to use when granting exemptions or when modifying original response time data for required public reporting of 911 response time.
Upon the authority adopting a statewide standard, this bill would require a LEMSA to adopt policies and procedures for calculating and reporting of response times. The bill would require a LEMSA to report emergency ambulance services provider response times to the authority in a data dispatch form, as specified. The bill would require an emergency ambulance services provider to report response times to the LEMSA that has jurisdiction over the provider. The bill would require the LEMSA to post emergency ambulance services provider response times monthly on the LEMSAs internet website in specified formats.
Existing law authorizes a LEMSA to adopt policies and procedures for calculating and reporting ambulance patient offload times.
This bill would make adoption of those policies and procedures mandatory.
Existing law requires a LEMSA to annually submit an EMS plan for the EMS area to the authority according to systems, standards, and guidelines established by the authority.
This bill would require a LEMSA to include in an EMS plan the LEMSAs annual budget, a list of administrative exemptions and a list of administrative modifications relating to response time that were approved by the LEMSA, and any exemptions granted by the LEMSA in the previous calendar year. The bill would require a LEMSA to make its plan accessible on its internet website, and would require the authority to make each EMS plan submitted to the authority accessible on the authoritys internet website, as specified. The bill would require a LEMSA to use the above-described standardized terminology developed by the authority to the extent possible.
Because the bill would create new requirements within the act, thereby expanding the scope of an existing crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 8594.13 of the Government Code is amended to read:8594.13.(a)For purposes of this section, Feather8594.13. (a) For purposes of this section, the following terms apply:(1) Feather Alert means a notification system, activated pursuant to subdivision (b), (d), designed to issue and coordinate alerts with respect to endangered indigenous people, specifically indigenous women or indigenous people, who are reported missing under unexplained or suspicious circumstances. missing.(2) Law enforcement agency means a state, local, or tribal law enforcement agency or police department.(3) Tribe or Tribe of California means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004 and Chapter 532 of the Statutes of 2014.(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 law enforcement agency may request the Department of the California Highway Patrol to activate a Feather Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) have been met, it shall activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency.(b) The Department of the California Highway Patrol, in consultation with tribal nations, 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, a broadcaster participating in the Emergency Alert System, and any other intermediate emergency agency that may institute activation of the Feather Alert, and, where appropriate, other supplemental warning systems, shall proceed after a missing person has been reported to a law enforcement agency and the conditions described in subdivision (e) are met. Those policies and procedures shall include, but not be limited to:(1) Procedures for the transfer of information regarding the missing person and the circumstances surrounding the missing persons disappearance from the law enforcement agency to the broadcasters.(2) Specification of the event code or codes that should be used if the Feather Alert is activated to report a missing person.(3) Recommended language for a Feather 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 missing person should contact and how the person should contact the agency.(5) Recommendations on the extent of the geographical area to which a Feather Alert issued pursuant to this section should be broadcast.(c) (1) A law enforcement agency or Tribe of California may directly request the Department of the California Highway Patrol to activate a Feather Alert consistent with the requirements of paragraph (2).(2) (A) If a person is reported missing to a law enforcement agency and that agency determines that the requirements of subdivision (e) are met, the law enforcement agency or Tribe of California may request the Department of the California Highway Patrol to activate a Feather Alert.(B) (i) For purposes of this subdivision, a law enforcement agency shall make a determination that the requirements of subdivision (e) are met within 24 hours, following the initial report being made to the agency.(ii) If the law enforcement agency does not make a determination within 24 hours as required by clause (i), then the Tribe of California may directly request the Department of the California Highway Patrol to activate a Feather Alert.(d) If the Department of the California Highway Patrol concurs that the requirements of subdivision (e) have been met, it shall activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency.(1) (A) The Department of the California Highway Patrol shall respond to a law enforcement agencys or tribes request to activate a Feather Alert within 48 hours of receiving the request.(B) The department shall take reasonable steps to confirm that a report from a missing persons family members is not an attempt to locate an indigenous woman or indigenous person who is intentionally avoiding or evading abuse in any of the following forms:(i) Sexual assault.(ii) Sexual harassment.(iii) Domestic violence.(iv) Intimate partner violence.(2) If the Department of the California Highway Patrol declines to activate a Feather Alert, it shall provide written notice to the requesting law enforcement agency or tribe of the reasons for declining the request within 48 hours of issuing its decision. (2)(3) Radio, television, cable, satellite, and social media systems are encouraged to, but not required to, cooperate with disseminating the information contained in a Feather Alert.(3)(4) Upon activation of a Feather Alert, the Department of the California Highway Patrol shall assist the make all reasonable efforts to locate the missing person and to assist each investigating law enforcement agency and tribe in their efforts to locate the missing person by issuing a be-on-the-lookout alert, an electronic flyer, a social media post, or changeable message signs in compliance with paragraph (4). (5).(4)(5) Upon activation of a Feather 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 identifying information about the vehicle is available for public dissemination.(c)(e) A law enforcement agency may request that a Feather Alert be activated if that agency determines that all of the following conditions are met regarding the investigation of a missing person: a Feather Alert would be an effective tool in the investigation of missing and murdered indigenous persons, including young women or girls. The law enforcement agency shall consider the following factors to make that determination:(1) The missing person is an indigenous woman or an indigenous person.(2) The investigating law enforcement agency has utilized available local and tribal resources.(3) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances. is missing.(4) The law enforcement agency or tribe 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. and is missing under circumstances that indicate any of the following:(A) The missing persons physical safety may be endangered.(B) The missing person may be subject to trafficking.(C) The missing person suffers from a mental or physical disability, or a substance use disorder.(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.(f) (1) The Department of the California Highway Patrol shall work with law enforcement agencies and tribal nations to create and submit a report to the Governors office and the Legislature. The report shall include the following information:(A) The efficacy and advantages of the Feather Alert, including, but not limited to, statistical data on the number of cases closed and the number of cases that remain open.(B) The impact of the Feather Alert on other alert programs.(d)(2) The Department of the California Highway Patrol shall create and submit a report to the Governors office and the Legislature that includes an evaluation of the Feather Alert, including the efficacy, the advantages, and the impact to other alert programs. The Department shall submit the report submit the report in paragraph (1) to the Legislature in compliance with Section 9795 no later than January 1, 2027.(3) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2031, pursuant to Section 10231.5.SEC. 2. Section 1 of Chapter 476 of the Statutes of 2022 is amended to read:SECTION Section 1. The Legislature finds and declares all of the following:(a) Indigenous people experience high rates of violence and are reported missing or are murdered at high rates. A 2016 study by the National Institute of Justice found that more than four in five American Indian and Alaska Native adults have experienced some form of violence in their lifetime.(b) Indigenous women, girls, and people are disproportionately affected by domestic violence, human trafficking, and murder, and become missing at much higher rates than people of other racial groups.(c) The Urban Indian Health Institute conducted various studies and found there to be over 5,700 cases of missing and murdered indigenous women, but only 116 of the women in the cases were placed on the United States Department of Justices missing persons list. In 2020, the Sovereign Bodies Institute found that only 165 missing and murdered indigenous women, girls, and two-spirit individuals were reported across California. The amount of cases reported makes California one of the top five states with the highest number of cases. The report was funded and coauthored by the Yurok Tribe.(d) As California has the largest population of Native Americans out of any state in the United States, the Legislature intends to address the crisis of missing and murdered indigenous people persons to ensure that it is a priority at every level.(e) With more than 109 federally recognized tribes, California is home to more federally recognized tribal governments than any other state in the United States.(f) Law enforcement agencies of federally recognized tribal governments often receive more detailed and updated information because of the trust they have with the tribal communities they serve, and therefore play a critical role in recovering a missing indigenous person. (e)(g) In June 2019, several stakeholders requested an audit of the Lanterman-Petris-Short Act in an effort to better inform future decisionmaking in mental health treatment and care. The audit supported that the use of an alert system, such as the Amber Alert, encourages the participation between law enforcement agencies, local resources, including tribal law enforcement agencies and resources, and the media to engage in a comprehensive protocol for a missing person. It also allows for an effective time-critical response to abductors who can disappear with an individual quickly.(f)(h) The Legislature intends to provide law enforcement with additional tools to disseminate timely, accurate information to engage the public more effectively in assisting with locating missing indigenous people persons and to compensate for the unique challenges that indigenous communities face in accessing media coverage and the ability to share information.(g)(i) The goal of the Feather Alert System is to engage with law enforcement agencies to notify the public when an indigenous person is kidnapped. missing.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 1797.103 of the Health and Safety Code is amended to read:1797.103.The authority shall develop planning and implementation guidelines for emergency medical services systems which address the following components:(a)Staffing and training.(b)Communications.(c)Response and transportation, including response times and exemptions.(d)Assessment of hospitals and critical care centers.(e)System organization and management.(f)Data collection, evaluation, and quality improvement.(g)Public information and education.(h)Disaster medical response.SEC. 2.Section 1797.120 of the Health and Safety Code is amended to read:1797.120.(a)The authority shall develop, using input from stakeholders, including, but not limited to, hospitals, local EMS agencies, and public and private EMS providers, and, after approval by the commission pursuant to Section 1799.50, adopt a statewide standard methodology for the calculation and reporting by a local EMS agency of response times for all emergency ambulance services provided and ambulance patient offload time.(b)The standard statewide methodology developed and adopted by the authority under this section shall use a fractal reporting format report that includes, at a minimum, a 90th percentile benchmark.(c)For the purposes of this section, ambulance patient offload time means the interval between the arrival of an ambulance patient at an emergency department and the time that the patient is transferred to an emergency department gurney, bed, chair, or other acceptable location and the emergency department assumes responsibility for care of the patient.(d)For purposes of this division, response time means the interval between the point in time when the address or location is received by the responding EMS providers dispatch center and the point in time that the transporting ambulance unit arrives at the provided address or location.(e)The authority shall ensure the EMS system planning and implementation guidelines for response times performance reporting comply with all of the following requirements:(1)The guidelines shall include a list of standardized terminology for local emergency medical services agencies to use when granting exemptions or when modifying original response time data for any publicly reported 911 response times required by this section. The list of standardized terminology shall include the following terms and definitions:(A)Cancelled calls means an EMS response in which the responding unit is notified and begins the response, but the response is terminated prior to the responding EMS unit arrival on scene using predefined objective criteria.(B)Do not count means an EMS response generated within the computer-aided dispatch (CAD) incident data that, upon review, does not satisfy the criteria for an EMS response that is subject to compliance monitoring using predefined objective criteria.(C)Exemption means an EMS response where the incident data is administratively excluded from the CAD data used to calculate response interval compliance using predefined objective criteria.(D)Time correction means an EMS response where defined points in time in the CAD incident data are administratively modified from the original CAD incident data using predefined objective criteria.(2)The list of standardized terminology described in paragraph (1) shall include common reasons for granting exemptions from 911 response times in the various emergency medical services areas of the state.(f)Nothing in this section supersedes Section 1797.201.SEC. 3.Section 1797.225 of the Health and Safety Code is amended to read:1797.225.(a)A local EMS agency shall adopt policies and procedures for calculating and reporting ambulance patient offload time, as defined in subdivision (c) of Section 1797.120.(b)A local EMS agency that adopts policies and procedures for calculating and reporting ambulance patient offload time pursuant to subdivision (a) shall do all of the following:(1)Use the statewide standard methodology for calculating and reporting ambulance patient offload time developed by the authority pursuant to Section 1797.120.(2)Establish criteria for the reporting of, and quality assurance followup for, a nonstandard patient offload time, as defined in subdivision (c).(c)(1)For the purposes of this section, a nonstandard patient offload time means that the ambulance patient offload time for a patient exceeds a period of time designated in the criteria established by the local EMS agency pursuant to paragraph (2) of subdivision (b).(2)Nonstandard patient offload time does not include instances when the ambulance patient offload time exceeds the period set by the local EMS agency due to acts of God, natural disasters, or manmade disasters.SEC. 4.Section 1797.235 is added to the Health and Safety Code, to read:1797.235.(a)Upon the authority adopting a statewide standard, a local EMS agency shall adopt policies and procedures for calculating and reporting of response times, as defined in subdivision (d) of Section 1797.120, for emergency ambulance services providers.(b)(1)A local EMS agency shall use the statewide standard methodology for calculating and reporting response interval performance developed by the authority pursuant to subdivision (a) of Section 1797.120.(2)When establishing response time compliance requirements, the local EMS agency shall weigh the risk to the safety of the responding crew and public against the severity of the medical emergency when determining what level of response and time allotment to require from an emergency ambulance services provider.(c)Local EMS agency response times reporting shall include data from all emergency ambulance services providers where the aggregate annual transport volume of all emergency ambulance transports for all exclusive operating areas exceeds 7,500 transports per calendar year within their jurisdiction.(d)A local EMS agency shall report emergency ambulance services provider response times to the authority in a data dispatch form that is consistent with the California Emergency Medical Services Information System (CEMSIS) and the National Emergency Medical Services Information System (NEMSIS) standards, as specified by the authority, including with the following:(1)The point in time that the public safety agency dispatch center receives the EMS call.(2)The point in time that the EMS providers dispatch center that is responsible for directly dispatching the ambulance unit receives EMS caller data from a public agency dispatch center.(3)The point in time that the responding ambulance unit is notified of EMS caller data by dispatch.(4)The point in time that the ambulance unit is en route.(5)The point in time that the ambulance unit arrives on scene.(6)The emergency medical dispatch (EMD) code at which the call was dispatched and any upgrades or downgrades, if applicable.(e)(1)A local EMS agency shall make response times publicly available monthly on the local EMS agency internet website both in raw form and on a 90th percentile fractal compliance scale. For purposes of this subdivision, raw form means the response time prior to administrative exemptions or modification.(2)The local EMS agency shall include on the local EMS agencys internet website the response times provided to the local EMS agency by an emergency ambulance services provider pursuant to subdivisions (c) and (g).(3)The Local EMS agency shall publish data not more than 60 calendar days after the last day of the monthly reporting period.(f)For purposes of this section, EMS caller data means the address or location of the emergency.(g)An emergency ambulance services provider shall report response times to the local EMS agency that has jurisdiction over the provider in the manner described in subdivision (d).(h)This section does not apply to calls not originating in the 911 system.(i)This section does not prohibit the local EMS agency from reporting response interval compliance from emergency ambulance services providers that do not satisfy the requirements described in subdivision (c).(j)Nothing in this section supersedes Section 1797.201.SEC. 5.Section 1797.254 of the Health and Safety Code is amended to read:1797.254.(a)Local EMS agencies shall annually submit an emergency medical services plan that includes the local EMS agencys annual budget for the EMS area to the authority, according to EMS Systems, Standards, and Guidelines established by the authority.(b)The authority shall approve or request changes to the proposed plans within 90 calendar days of receipt.(c)(1)A local EMS agency shall make the plan accessible on the agencys internet website within 30 calendar days of approval by the authority.(2)The authority shall make each local EMS agency plan submitted to the authority accessible on the authoritys internet website within 30 calendar days of approval by the authority.SEC. 6.Section 1797.255 is added to the Health and Safety Code, to read:1797.255.(a)Each local EMS agency shall include in the annual EMS plan required by Section 1797.254 all of the following:(1)The list of administrative exemptions approved by the local EMS agency, if any, relating to 911 response time performance standards.(2)The list of administrative modifications relating to reported response time performance standards approved by the local EMS agency, if any.(3)Any exemptions from meeting 911 response times granted by the local EMS agency in the previous calendar year.(4)An analysis of clinical outcome data supporting their existing response framework.(b)For purposes of subdivision (a), when standardized terminology for exemptions is established by the authority pursuant to Section 1797.120, local EMS agencies shall utilize those standardized terms to the extent possible.(c)This section does not prohibit a local EMS agency from granting exemptions that do not use the terminology established by the authority when the reason for granting the exemption does not meet the definition of a term established by the authority.(d)This section does not prohibit a local EMS agency, when utilizing standardized terminology to grant exemptions from 911 response times, from including additional information or rationales when granting exemptions.SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 8594.13 of the Government Code is amended to read:8594.13.(a)For purposes of this section, Feather8594.13. (a) For purposes of this section, the following terms apply:(1) Feather Alert means a notification system, activated pursuant to subdivision (b), (d), designed to issue and coordinate alerts with respect to endangered indigenous people, specifically indigenous women or indigenous people, who are reported missing under unexplained or suspicious circumstances. missing.(2) Law enforcement agency means a state, local, or tribal law enforcement agency or police department.(3) Tribe or Tribe of California means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004 and Chapter 532 of the Statutes of 2014.(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 law enforcement agency may request the Department of the California Highway Patrol to activate a Feather Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) have been met, it shall activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency.(b) The Department of the California Highway Patrol, in consultation with tribal nations, 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, a broadcaster participating in the Emergency Alert System, and any other intermediate emergency agency that may institute activation of the Feather Alert, and, where appropriate, other supplemental warning systems, shall proceed after a missing person has been reported to a law enforcement agency and the conditions described in subdivision (e) are met. Those policies and procedures shall include, but not be limited to:(1) Procedures for the transfer of information regarding the missing person and the circumstances surrounding the missing persons disappearance from the law enforcement agency to the broadcasters.(2) Specification of the event code or codes that should be used if the Feather Alert is activated to report a missing person.(3) Recommended language for a Feather 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 missing person should contact and how the person should contact the agency.(5) Recommendations on the extent of the geographical area to which a Feather Alert issued pursuant to this section should be broadcast.(c) (1) A law enforcement agency or Tribe of California may directly request the Department of the California Highway Patrol to activate a Feather Alert consistent with the requirements of paragraph (2).(2) (A) If a person is reported missing to a law enforcement agency and that agency determines that the requirements of subdivision (e) are met, the law enforcement agency or Tribe of California may request the Department of the California Highway Patrol to activate a Feather Alert.(B) (i) For purposes of this subdivision, a law enforcement agency shall make a determination that the requirements of subdivision (e) are met within 24 hours, following the initial report being made to the agency.(ii) If the law enforcement agency does not make a determination within 24 hours as required by clause (i), then the Tribe of California may directly request the Department of the California Highway Patrol to activate a Feather Alert.(d) If the Department of the California Highway Patrol concurs that the requirements of subdivision (e) have been met, it shall activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency.(1) (A) The Department of the California Highway Patrol shall respond to a law enforcement agencys or tribes request to activate a Feather Alert within 48 hours of receiving the request.(B) The department shall take reasonable steps to confirm that a report from a missing persons family members is not an attempt to locate an indigenous woman or indigenous person who is intentionally avoiding or evading abuse in any of the following forms:(i) Sexual assault.(ii) Sexual harassment.(iii) Domestic violence.(iv) Intimate partner violence.(2) If the Department of the California Highway Patrol declines to activate a Feather Alert, it shall provide written notice to the requesting law enforcement agency or tribe of the reasons for declining the request within 48 hours of issuing its decision. (2)(3) Radio, television, cable, satellite, and social media systems are encouraged to, but not required to, cooperate with disseminating the information contained in a Feather Alert.(3)(4) Upon activation of a Feather Alert, the Department of the California Highway Patrol shall assist the make all reasonable efforts to locate the missing person and to assist each investigating law enforcement agency and tribe in their efforts to locate the missing person by issuing a be-on-the-lookout alert, an electronic flyer, a social media post, or changeable message signs in compliance with paragraph (4). (5).(4)(5) Upon activation of a Feather 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 identifying information about the vehicle is available for public dissemination.(c)(e) A law enforcement agency may request that a Feather Alert be activated if that agency determines that all of the following conditions are met regarding the investigation of a missing person: a Feather Alert would be an effective tool in the investigation of missing and murdered indigenous persons, including young women or girls. The law enforcement agency shall consider the following factors to make that determination:(1) The missing person is an indigenous woman or an indigenous person.(2) The investigating law enforcement agency has utilized available local and tribal resources.(3) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances. is missing.(4) The law enforcement agency or tribe 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. and is missing under circumstances that indicate any of the following:(A) The missing persons physical safety may be endangered.(B) The missing person may be subject to trafficking.(C) The missing person suffers from a mental or physical disability, or a substance use disorder.(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.(f) (1) The Department of the California Highway Patrol shall work with law enforcement agencies and tribal nations to create and submit a report to the Governors office and the Legislature. The report shall include the following information:(A) The efficacy and advantages of the Feather Alert, including, but not limited to, statistical data on the number of cases closed and the number of cases that remain open.(B) The impact of the Feather Alert on other alert programs.(d)(2) The Department of the California Highway Patrol shall create and submit a report to the Governors office and the Legislature that includes an evaluation of the Feather Alert, including the efficacy, the advantages, and the impact to other alert programs. The Department shall submit the report submit the report in paragraph (1) to the Legislature in compliance with Section 9795 no later than January 1, 2027.(3) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2031, pursuant to Section 10231.5.
SECTION 1. Section 8594.13 of the Government Code is amended to read:
### SECTION 1.
8594.13.(a)For purposes of this section, Feather8594.13. (a) For purposes of this section, the following terms apply:(1) Feather Alert means a notification system, activated pursuant to subdivision (b), (d), designed to issue and coordinate alerts with respect to endangered indigenous people, specifically indigenous women or indigenous people, who are reported missing under unexplained or suspicious circumstances. missing.(2) Law enforcement agency means a state, local, or tribal law enforcement agency or police department.(3) Tribe or Tribe of California means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004 and Chapter 532 of the Statutes of 2014.(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 law enforcement agency may request the Department of the California Highway Patrol to activate a Feather Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) have been met, it shall activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency.(b) The Department of the California Highway Patrol, in consultation with tribal nations, 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, a broadcaster participating in the Emergency Alert System, and any other intermediate emergency agency that may institute activation of the Feather Alert, and, where appropriate, other supplemental warning systems, shall proceed after a missing person has been reported to a law enforcement agency and the conditions described in subdivision (e) are met. Those policies and procedures shall include, but not be limited to:(1) Procedures for the transfer of information regarding the missing person and the circumstances surrounding the missing persons disappearance from the law enforcement agency to the broadcasters.(2) Specification of the event code or codes that should be used if the Feather Alert is activated to report a missing person.(3) Recommended language for a Feather 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 missing person should contact and how the person should contact the agency.(5) Recommendations on the extent of the geographical area to which a Feather Alert issued pursuant to this section should be broadcast.(c) (1) A law enforcement agency or Tribe of California may directly request the Department of the California Highway Patrol to activate a Feather Alert consistent with the requirements of paragraph (2).(2) (A) If a person is reported missing to a law enforcement agency and that agency determines that the requirements of subdivision (e) are met, the law enforcement agency or Tribe of California may request the Department of the California Highway Patrol to activate a Feather Alert.(B) (i) For purposes of this subdivision, a law enforcement agency shall make a determination that the requirements of subdivision (e) are met within 24 hours, following the initial report being made to the agency.(ii) If the law enforcement agency does not make a determination within 24 hours as required by clause (i), then the Tribe of California may directly request the Department of the California Highway Patrol to activate a Feather Alert.(d) If the Department of the California Highway Patrol concurs that the requirements of subdivision (e) have been met, it shall activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency.(1) (A) The Department of the California Highway Patrol shall respond to a law enforcement agencys or tribes request to activate a Feather Alert within 48 hours of receiving the request.(B) The department shall take reasonable steps to confirm that a report from a missing persons family members is not an attempt to locate an indigenous woman or indigenous person who is intentionally avoiding or evading abuse in any of the following forms:(i) Sexual assault.(ii) Sexual harassment.(iii) Domestic violence.(iv) Intimate partner violence.(2) If the Department of the California Highway Patrol declines to activate a Feather Alert, it shall provide written notice to the requesting law enforcement agency or tribe of the reasons for declining the request within 48 hours of issuing its decision. (2)(3) Radio, television, cable, satellite, and social media systems are encouraged to, but not required to, cooperate with disseminating the information contained in a Feather Alert.(3)(4) Upon activation of a Feather Alert, the Department of the California Highway Patrol shall assist the make all reasonable efforts to locate the missing person and to assist each investigating law enforcement agency and tribe in their efforts to locate the missing person by issuing a be-on-the-lookout alert, an electronic flyer, a social media post, or changeable message signs in compliance with paragraph (4). (5).(4)(5) Upon activation of a Feather 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 identifying information about the vehicle is available for public dissemination.(c)(e) A law enforcement agency may request that a Feather Alert be activated if that agency determines that all of the following conditions are met regarding the investigation of a missing person: a Feather Alert would be an effective tool in the investigation of missing and murdered indigenous persons, including young women or girls. The law enforcement agency shall consider the following factors to make that determination:(1) The missing person is an indigenous woman or an indigenous person.(2) The investigating law enforcement agency has utilized available local and tribal resources.(3) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances. is missing.(4) The law enforcement agency or tribe 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. and is missing under circumstances that indicate any of the following:(A) The missing persons physical safety may be endangered.(B) The missing person may be subject to trafficking.(C) The missing person suffers from a mental or physical disability, or a substance use disorder.(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.(f) (1) The Department of the California Highway Patrol shall work with law enforcement agencies and tribal nations to create and submit a report to the Governors office and the Legislature. The report shall include the following information:(A) The efficacy and advantages of the Feather Alert, including, but not limited to, statistical data on the number of cases closed and the number of cases that remain open.(B) The impact of the Feather Alert on other alert programs.(d)(2) The Department of the California Highway Patrol shall create and submit a report to the Governors office and the Legislature that includes an evaluation of the Feather Alert, including the efficacy, the advantages, and the impact to other alert programs. The Department shall submit the report submit the report in paragraph (1) to the Legislature in compliance with Section 9795 no later than January 1, 2027.(3) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2031, pursuant to Section 10231.5.
(a)For purposes of this section, Feather
8594.13. (a) For purposes of this section, the following terms apply:(1) Feather Alert means a notification system, activated pursuant to subdivision (b), (d), designed to issue and coordinate alerts with respect to endangered indigenous people, specifically indigenous women or indigenous people, who are reported missing under unexplained or suspicious circumstances. missing.(2) Law enforcement agency means a state, local, or tribal law enforcement agency or police department.(3) Tribe or Tribe of California means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004 and Chapter 532 of the Statutes of 2014.(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 law enforcement agency may request the Department of the California Highway Patrol to activate a Feather Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) have been met, it shall activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency.(b) The Department of the California Highway Patrol, in consultation with tribal nations, 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, a broadcaster participating in the Emergency Alert System, and any other intermediate emergency agency that may institute activation of the Feather Alert, and, where appropriate, other supplemental warning systems, shall proceed after a missing person has been reported to a law enforcement agency and the conditions described in subdivision (e) are met. Those policies and procedures shall include, but not be limited to:(1) Procedures for the transfer of information regarding the missing person and the circumstances surrounding the missing persons disappearance from the law enforcement agency to the broadcasters.(2) Specification of the event code or codes that should be used if the Feather Alert is activated to report a missing person.(3) Recommended language for a Feather 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 missing person should contact and how the person should contact the agency.(5) Recommendations on the extent of the geographical area to which a Feather Alert issued pursuant to this section should be broadcast.(c) (1) A law enforcement agency or Tribe of California may directly request the Department of the California Highway Patrol to activate a Feather Alert consistent with the requirements of paragraph (2).(2) (A) If a person is reported missing to a law enforcement agency and that agency determines that the requirements of subdivision (e) are met, the law enforcement agency or Tribe of California may request the Department of the California Highway Patrol to activate a Feather Alert.(B) (i) For purposes of this subdivision, a law enforcement agency shall make a determination that the requirements of subdivision (e) are met within 24 hours, following the initial report being made to the agency.(ii) If the law enforcement agency does not make a determination within 24 hours as required by clause (i), then the Tribe of California may directly request the Department of the California Highway Patrol to activate a Feather Alert.(d) If the Department of the California Highway Patrol concurs that the requirements of subdivision (e) have been met, it shall activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency.(1) (A) The Department of the California Highway Patrol shall respond to a law enforcement agencys or tribes request to activate a Feather Alert within 48 hours of receiving the request.(B) The department shall take reasonable steps to confirm that a report from a missing persons family members is not an attempt to locate an indigenous woman or indigenous person who is intentionally avoiding or evading abuse in any of the following forms:(i) Sexual assault.(ii) Sexual harassment.(iii) Domestic violence.(iv) Intimate partner violence.(2) If the Department of the California Highway Patrol declines to activate a Feather Alert, it shall provide written notice to the requesting law enforcement agency or tribe of the reasons for declining the request within 48 hours of issuing its decision. (2)(3) Radio, television, cable, satellite, and social media systems are encouraged to, but not required to, cooperate with disseminating the information contained in a Feather Alert.(3)(4) Upon activation of a Feather Alert, the Department of the California Highway Patrol shall assist the make all reasonable efforts to locate the missing person and to assist each investigating law enforcement agency and tribe in their efforts to locate the missing person by issuing a be-on-the-lookout alert, an electronic flyer, a social media post, or changeable message signs in compliance with paragraph (4). (5).(4)(5) Upon activation of a Feather 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 identifying information about the vehicle is available for public dissemination.(c)(e) A law enforcement agency may request that a Feather Alert be activated if that agency determines that all of the following conditions are met regarding the investigation of a missing person: a Feather Alert would be an effective tool in the investigation of missing and murdered indigenous persons, including young women or girls. The law enforcement agency shall consider the following factors to make that determination:(1) The missing person is an indigenous woman or an indigenous person.(2) The investigating law enforcement agency has utilized available local and tribal resources.(3) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances. is missing.(4) The law enforcement agency or tribe 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. and is missing under circumstances that indicate any of the following:(A) The missing persons physical safety may be endangered.(B) The missing person may be subject to trafficking.(C) The missing person suffers from a mental or physical disability, or a substance use disorder.(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.(f) (1) The Department of the California Highway Patrol shall work with law enforcement agencies and tribal nations to create and submit a report to the Governors office and the Legislature. The report shall include the following information:(A) The efficacy and advantages of the Feather Alert, including, but not limited to, statistical data on the number of cases closed and the number of cases that remain open.(B) The impact of the Feather Alert on other alert programs.(d)(2) The Department of the California Highway Patrol shall create and submit a report to the Governors office and the Legislature that includes an evaluation of the Feather Alert, including the efficacy, the advantages, and the impact to other alert programs. The Department shall submit the report submit the report in paragraph (1) to the Legislature in compliance with Section 9795 no later than January 1, 2027.(3) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2031, pursuant to Section 10231.5.
8594.13. (a) For purposes of this section, the following terms apply:(1) Feather Alert means a notification system, activated pursuant to subdivision (b), (d), designed to issue and coordinate alerts with respect to endangered indigenous people, specifically indigenous women or indigenous people, who are reported missing under unexplained or suspicious circumstances. missing.(2) Law enforcement agency means a state, local, or tribal law enforcement agency or police department.(3) Tribe or Tribe of California means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004 and Chapter 532 of the Statutes of 2014.(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 law enforcement agency may request the Department of the California Highway Patrol to activate a Feather Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) have been met, it shall activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency.(b) The Department of the California Highway Patrol, in consultation with tribal nations, 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, a broadcaster participating in the Emergency Alert System, and any other intermediate emergency agency that may institute activation of the Feather Alert, and, where appropriate, other supplemental warning systems, shall proceed after a missing person has been reported to a law enforcement agency and the conditions described in subdivision (e) are met. Those policies and procedures shall include, but not be limited to:(1) Procedures for the transfer of information regarding the missing person and the circumstances surrounding the missing persons disappearance from the law enforcement agency to the broadcasters.(2) Specification of the event code or codes that should be used if the Feather Alert is activated to report a missing person.(3) Recommended language for a Feather 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 missing person should contact and how the person should contact the agency.(5) Recommendations on the extent of the geographical area to which a Feather Alert issued pursuant to this section should be broadcast.(c) (1) A law enforcement agency or Tribe of California may directly request the Department of the California Highway Patrol to activate a Feather Alert consistent with the requirements of paragraph (2).(2) (A) If a person is reported missing to a law enforcement agency and that agency determines that the requirements of subdivision (e) are met, the law enforcement agency or Tribe of California may request the Department of the California Highway Patrol to activate a Feather Alert.(B) (i) For purposes of this subdivision, a law enforcement agency shall make a determination that the requirements of subdivision (e) are met within 24 hours, following the initial report being made to the agency.(ii) If the law enforcement agency does not make a determination within 24 hours as required by clause (i), then the Tribe of California may directly request the Department of the California Highway Patrol to activate a Feather Alert.(d) If the Department of the California Highway Patrol concurs that the requirements of subdivision (e) have been met, it shall activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency.(1) (A) The Department of the California Highway Patrol shall respond to a law enforcement agencys or tribes request to activate a Feather Alert within 48 hours of receiving the request.(B) The department shall take reasonable steps to confirm that a report from a missing persons family members is not an attempt to locate an indigenous woman or indigenous person who is intentionally avoiding or evading abuse in any of the following forms:(i) Sexual assault.(ii) Sexual harassment.(iii) Domestic violence.(iv) Intimate partner violence.(2) If the Department of the California Highway Patrol declines to activate a Feather Alert, it shall provide written notice to the requesting law enforcement agency or tribe of the reasons for declining the request within 48 hours of issuing its decision. (2)(3) Radio, television, cable, satellite, and social media systems are encouraged to, but not required to, cooperate with disseminating the information contained in a Feather Alert.(3)(4) Upon activation of a Feather Alert, the Department of the California Highway Patrol shall assist the make all reasonable efforts to locate the missing person and to assist each investigating law enforcement agency and tribe in their efforts to locate the missing person by issuing a be-on-the-lookout alert, an electronic flyer, a social media post, or changeable message signs in compliance with paragraph (4). (5).(4)(5) Upon activation of a Feather 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 identifying information about the vehicle is available for public dissemination.(c)(e) A law enforcement agency may request that a Feather Alert be activated if that agency determines that all of the following conditions are met regarding the investigation of a missing person: a Feather Alert would be an effective tool in the investigation of missing and murdered indigenous persons, including young women or girls. The law enforcement agency shall consider the following factors to make that determination:(1) The missing person is an indigenous woman or an indigenous person.(2) The investigating law enforcement agency has utilized available local and tribal resources.(3) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances. is missing.(4) The law enforcement agency or tribe 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. and is missing under circumstances that indicate any of the following:(A) The missing persons physical safety may be endangered.(B) The missing person may be subject to trafficking.(C) The missing person suffers from a mental or physical disability, or a substance use disorder.(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.(f) (1) The Department of the California Highway Patrol shall work with law enforcement agencies and tribal nations to create and submit a report to the Governors office and the Legislature. The report shall include the following information:(A) The efficacy and advantages of the Feather Alert, including, but not limited to, statistical data on the number of cases closed and the number of cases that remain open.(B) The impact of the Feather Alert on other alert programs.(d)(2) The Department of the California Highway Patrol shall create and submit a report to the Governors office and the Legislature that includes an evaluation of the Feather Alert, including the efficacy, the advantages, and the impact to other alert programs. The Department shall submit the report submit the report in paragraph (1) to the Legislature in compliance with Section 9795 no later than January 1, 2027.(3) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2031, pursuant to Section 10231.5.
8594.13. (a) For purposes of this section, the following terms apply:(1) Feather Alert means a notification system, activated pursuant to subdivision (b), (d), designed to issue and coordinate alerts with respect to endangered indigenous people, specifically indigenous women or indigenous people, who are reported missing under unexplained or suspicious circumstances. missing.(2) Law enforcement agency means a state, local, or tribal law enforcement agency or police department.(3) Tribe or Tribe of California means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004 and Chapter 532 of the Statutes of 2014.(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 law enforcement agency may request the Department of the California Highway Patrol to activate a Feather Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) have been met, it shall activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency.(b) The Department of the California Highway Patrol, in consultation with tribal nations, 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, a broadcaster participating in the Emergency Alert System, and any other intermediate emergency agency that may institute activation of the Feather Alert, and, where appropriate, other supplemental warning systems, shall proceed after a missing person has been reported to a law enforcement agency and the conditions described in subdivision (e) are met. Those policies and procedures shall include, but not be limited to:(1) Procedures for the transfer of information regarding the missing person and the circumstances surrounding the missing persons disappearance from the law enforcement agency to the broadcasters.(2) Specification of the event code or codes that should be used if the Feather Alert is activated to report a missing person.(3) Recommended language for a Feather 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 missing person should contact and how the person should contact the agency.(5) Recommendations on the extent of the geographical area to which a Feather Alert issued pursuant to this section should be broadcast.(c) (1) A law enforcement agency or Tribe of California may directly request the Department of the California Highway Patrol to activate a Feather Alert consistent with the requirements of paragraph (2).(2) (A) If a person is reported missing to a law enforcement agency and that agency determines that the requirements of subdivision (e) are met, the law enforcement agency or Tribe of California may request the Department of the California Highway Patrol to activate a Feather Alert.(B) (i) For purposes of this subdivision, a law enforcement agency shall make a determination that the requirements of subdivision (e) are met within 24 hours, following the initial report being made to the agency.(ii) If the law enforcement agency does not make a determination within 24 hours as required by clause (i), then the Tribe of California may directly request the Department of the California Highway Patrol to activate a Feather Alert.(d) If the Department of the California Highway Patrol concurs that the requirements of subdivision (e) have been met, it shall activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency.(1) (A) The Department of the California Highway Patrol shall respond to a law enforcement agencys or tribes request to activate a Feather Alert within 48 hours of receiving the request.(B) The department shall take reasonable steps to confirm that a report from a missing persons family members is not an attempt to locate an indigenous woman or indigenous person who is intentionally avoiding or evading abuse in any of the following forms:(i) Sexual assault.(ii) Sexual harassment.(iii) Domestic violence.(iv) Intimate partner violence.(2) If the Department of the California Highway Patrol declines to activate a Feather Alert, it shall provide written notice to the requesting law enforcement agency or tribe of the reasons for declining the request within 48 hours of issuing its decision. (2)(3) Radio, television, cable, satellite, and social media systems are encouraged to, but not required to, cooperate with disseminating the information contained in a Feather Alert.(3)(4) Upon activation of a Feather Alert, the Department of the California Highway Patrol shall assist the make all reasonable efforts to locate the missing person and to assist each investigating law enforcement agency and tribe in their efforts to locate the missing person by issuing a be-on-the-lookout alert, an electronic flyer, a social media post, or changeable message signs in compliance with paragraph (4). (5).(4)(5) Upon activation of a Feather 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 identifying information about the vehicle is available for public dissemination.(c)(e) A law enforcement agency may request that a Feather Alert be activated if that agency determines that all of the following conditions are met regarding the investigation of a missing person: a Feather Alert would be an effective tool in the investigation of missing and murdered indigenous persons, including young women or girls. The law enforcement agency shall consider the following factors to make that determination:(1) The missing person is an indigenous woman or an indigenous person.(2) The investigating law enforcement agency has utilized available local and tribal resources.(3) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances. is missing.(4) The law enforcement agency or tribe 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. and is missing under circumstances that indicate any of the following:(A) The missing persons physical safety may be endangered.(B) The missing person may be subject to trafficking.(C) The missing person suffers from a mental or physical disability, or a substance use disorder.(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.(f) (1) The Department of the California Highway Patrol shall work with law enforcement agencies and tribal nations to create and submit a report to the Governors office and the Legislature. The report shall include the following information:(A) The efficacy and advantages of the Feather Alert, including, but not limited to, statistical data on the number of cases closed and the number of cases that remain open.(B) The impact of the Feather Alert on other alert programs.(d)(2) The Department of the California Highway Patrol shall create and submit a report to the Governors office and the Legislature that includes an evaluation of the Feather Alert, including the efficacy, the advantages, and the impact to other alert programs. The Department shall submit the report submit the report in paragraph (1) to the Legislature in compliance with Section 9795 no later than January 1, 2027.(3) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2031, pursuant to Section 10231.5.
8594.13. (a) For purposes of this section, the following terms apply:
(1) Feather Alert means a notification system, activated pursuant to subdivision (b), (d), designed to issue and coordinate alerts with respect to endangered indigenous people, specifically indigenous women or indigenous people, who are reported missing under unexplained or suspicious circumstances. missing.
(2) Law enforcement agency means a state, local, or tribal law enforcement agency or police department.
(3) Tribe or Tribe of California means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004 and Chapter 532 of the Statutes of 2014.
(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 law enforcement agency may request the Department of the California Highway Patrol to activate a Feather Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) have been met, it shall activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency.
(b) The Department of the California Highway Patrol, in consultation with tribal nations, 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, a broadcaster participating in the Emergency Alert System, and any other intermediate emergency agency that may institute activation of the Feather Alert, and, where appropriate, other supplemental warning systems, shall proceed after a missing person has been reported to a law enforcement agency and the conditions described in subdivision (e) are met. Those policies and procedures shall include, but not be limited to:
(1) Procedures for the transfer of information regarding the missing person and the circumstances surrounding the missing persons disappearance from the law enforcement agency to the broadcasters.
(2) Specification of the event code or codes that should be used if the Feather Alert is activated to report a missing person.
(3) Recommended language for a Feather 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 missing person should contact and how the person should contact the agency.
(5) Recommendations on the extent of the geographical area to which a Feather Alert issued pursuant to this section should be broadcast.
(c) (1) A law enforcement agency or Tribe of California may directly request the Department of the California Highway Patrol to activate a Feather Alert consistent with the requirements of paragraph (2).
(2) (A) If a person is reported missing to a law enforcement agency and that agency determines that the requirements of subdivision (e) are met, the law enforcement agency or Tribe of California may request the Department of the California Highway Patrol to activate a Feather Alert.
(B) (i) For purposes of this subdivision, a law enforcement agency shall make a determination that the requirements of subdivision (e) are met within 24 hours, following the initial report being made to the agency.
(ii) If the law enforcement agency does not make a determination within 24 hours as required by clause (i), then the Tribe of California may directly request the Department of the California Highway Patrol to activate a Feather Alert.
(d) If the Department of the California Highway Patrol concurs that the requirements of subdivision (e) have been met, it shall activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency.
(1) (A) The Department of the California Highway Patrol shall respond to a law enforcement agencys or tribes request to activate a Feather Alert within 48 hours of receiving the request.
(B) The department shall take reasonable steps to confirm that a report from a missing persons family members is not an attempt to locate an indigenous woman or indigenous person who is intentionally avoiding or evading abuse in any of the following forms:
(i) Sexual assault.
(ii) Sexual harassment.
(iii) Domestic violence.
(iv) Intimate partner violence.
(2) If the Department of the California Highway Patrol declines to activate a Feather Alert, it shall provide written notice to the requesting law enforcement agency or tribe of the reasons for declining the request within 48 hours of issuing its decision.
(2)
(3) Radio, television, cable, satellite, and social media systems are encouraged to, but not required to, cooperate with disseminating the information contained in a Feather Alert.
(3)
(4) Upon activation of a Feather Alert, the Department of the California Highway Patrol shall assist the make all reasonable efforts to locate the missing person and to assist each investigating law enforcement agency and tribe in their efforts to locate the missing person by issuing a be-on-the-lookout alert, an electronic flyer, a social media post, or changeable message signs in compliance with paragraph (4). (5).
(4)
(5) Upon activation of a Feather 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 identifying information about the vehicle is available for public dissemination.
(c)
(e) A law enforcement agency may request that a Feather Alert be activated if that agency determines that all of the following conditions are met regarding the investigation of a missing person: a Feather Alert would be an effective tool in the investigation of missing and murdered indigenous persons, including young women or girls. The law enforcement agency shall consider the following factors to make that determination:
(1) The missing person is an indigenous woman or an indigenous person.
(2) The investigating law enforcement agency has utilized available local and tribal resources.
(3) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances. is missing.
(4) The law enforcement agency or tribe 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. and is missing under circumstances that indicate any of the following:
(A) The missing persons physical safety may be endangered.
(B) The missing person may be subject to trafficking.
(C) The missing person suffers from a mental or physical disability, or a substance use disorder.
(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
(f) (1) The Department of the California Highway Patrol shall work with law enforcement agencies and tribal nations to create and submit a report to the Governors office and the Legislature. The report shall include the following information:
(A) The efficacy and advantages of the Feather Alert, including, but not limited to, statistical data on the number of cases closed and the number of cases that remain open.
(B) The impact of the Feather Alert on other alert programs.
(d)
(2) The Department of the California Highway Patrol shall create and submit a report to the Governors office and the Legislature that includes an evaluation of the Feather Alert, including the efficacy, the advantages, and the impact to other alert programs. The Department shall submit the report submit the report in paragraph (1) to the Legislature in compliance with Section 9795 no later than January 1, 2027.
(3) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2031, pursuant to Section 10231.5.
SEC. 2. Section 1 of Chapter 476 of the Statutes of 2022 is amended to read:SECTION Section 1. The Legislature finds and declares all of the following:(a) Indigenous people experience high rates of violence and are reported missing or are murdered at high rates. A 2016 study by the National Institute of Justice found that more than four in five American Indian and Alaska Native adults have experienced some form of violence in their lifetime.(b) Indigenous women, girls, and people are disproportionately affected by domestic violence, human trafficking, and murder, and become missing at much higher rates than people of other racial groups.(c) The Urban Indian Health Institute conducted various studies and found there to be over 5,700 cases of missing and murdered indigenous women, but only 116 of the women in the cases were placed on the United States Department of Justices missing persons list. In 2020, the Sovereign Bodies Institute found that only 165 missing and murdered indigenous women, girls, and two-spirit individuals were reported across California. The amount of cases reported makes California one of the top five states with the highest number of cases. The report was funded and coauthored by the Yurok Tribe.(d) As California has the largest population of Native Americans out of any state in the United States, the Legislature intends to address the crisis of missing and murdered indigenous people persons to ensure that it is a priority at every level.(e) With more than 109 federally recognized tribes, California is home to more federally recognized tribal governments than any other state in the United States.(f) Law enforcement agencies of federally recognized tribal governments often receive more detailed and updated information because of the trust they have with the tribal communities they serve, and therefore play a critical role in recovering a missing indigenous person. (e)(g) In June 2019, several stakeholders requested an audit of the Lanterman-Petris-Short Act in an effort to better inform future decisionmaking in mental health treatment and care. The audit supported that the use of an alert system, such as the Amber Alert, encourages the participation between law enforcement agencies, local resources, including tribal law enforcement agencies and resources, and the media to engage in a comprehensive protocol for a missing person. It also allows for an effective time-critical response to abductors who can disappear with an individual quickly.(f)(h) The Legislature intends to provide law enforcement with additional tools to disseminate timely, accurate information to engage the public more effectively in assisting with locating missing indigenous people persons and to compensate for the unique challenges that indigenous communities face in accessing media coverage and the ability to share information.(g)(i) The goal of the Feather Alert System is to engage with law enforcement agencies to notify the public when an indigenous person is kidnapped. missing.
SEC. 2. Section 1 of Chapter 476 of the Statutes of 2022 is amended to read:
### SEC. 2.
SECTION Section 1. The Legislature finds and declares all of the following:(a) Indigenous people experience high rates of violence and are reported missing or are murdered at high rates. A 2016 study by the National Institute of Justice found that more than four in five American Indian and Alaska Native adults have experienced some form of violence in their lifetime.(b) Indigenous women, girls, and people are disproportionately affected by domestic violence, human trafficking, and murder, and become missing at much higher rates than people of other racial groups.(c) The Urban Indian Health Institute conducted various studies and found there to be over 5,700 cases of missing and murdered indigenous women, but only 116 of the women in the cases were placed on the United States Department of Justices missing persons list. In 2020, the Sovereign Bodies Institute found that only 165 missing and murdered indigenous women, girls, and two-spirit individuals were reported across California. The amount of cases reported makes California one of the top five states with the highest number of cases. The report was funded and coauthored by the Yurok Tribe.(d) As California has the largest population of Native Americans out of any state in the United States, the Legislature intends to address the crisis of missing and murdered indigenous people persons to ensure that it is a priority at every level.(e) With more than 109 federally recognized tribes, California is home to more federally recognized tribal governments than any other state in the United States.(f) Law enforcement agencies of federally recognized tribal governments often receive more detailed and updated information because of the trust they have with the tribal communities they serve, and therefore play a critical role in recovering a missing indigenous person. (e)(g) In June 2019, several stakeholders requested an audit of the Lanterman-Petris-Short Act in an effort to better inform future decisionmaking in mental health treatment and care. The audit supported that the use of an alert system, such as the Amber Alert, encourages the participation between law enforcement agencies, local resources, including tribal law enforcement agencies and resources, and the media to engage in a comprehensive protocol for a missing person. It also allows for an effective time-critical response to abductors who can disappear with an individual quickly.(f)(h) The Legislature intends to provide law enforcement with additional tools to disseminate timely, accurate information to engage the public more effectively in assisting with locating missing indigenous people persons and to compensate for the unique challenges that indigenous communities face in accessing media coverage and the ability to share information.(g)(i) The goal of the Feather Alert System is to engage with law enforcement agencies to notify the public when an indigenous person is kidnapped. missing.
SECTION Section 1. The Legislature finds and declares all of the following:(a) Indigenous people experience high rates of violence and are reported missing or are murdered at high rates. A 2016 study by the National Institute of Justice found that more than four in five American Indian and Alaska Native adults have experienced some form of violence in their lifetime.(b) Indigenous women, girls, and people are disproportionately affected by domestic violence, human trafficking, and murder, and become missing at much higher rates than people of other racial groups.(c) The Urban Indian Health Institute conducted various studies and found there to be over 5,700 cases of missing and murdered indigenous women, but only 116 of the women in the cases were placed on the United States Department of Justices missing persons list. In 2020, the Sovereign Bodies Institute found that only 165 missing and murdered indigenous women, girls, and two-spirit individuals were reported across California. The amount of cases reported makes California one of the top five states with the highest number of cases. The report was funded and coauthored by the Yurok Tribe.(d) As California has the largest population of Native Americans out of any state in the United States, the Legislature intends to address the crisis of missing and murdered indigenous people persons to ensure that it is a priority at every level.(e) With more than 109 federally recognized tribes, California is home to more federally recognized tribal governments than any other state in the United States.(f) Law enforcement agencies of federally recognized tribal governments often receive more detailed and updated information because of the trust they have with the tribal communities they serve, and therefore play a critical role in recovering a missing indigenous person. (e)(g) In June 2019, several stakeholders requested an audit of the Lanterman-Petris-Short Act in an effort to better inform future decisionmaking in mental health treatment and care. The audit supported that the use of an alert system, such as the Amber Alert, encourages the participation between law enforcement agencies, local resources, including tribal law enforcement agencies and resources, and the media to engage in a comprehensive protocol for a missing person. It also allows for an effective time-critical response to abductors who can disappear with an individual quickly.(f)(h) The Legislature intends to provide law enforcement with additional tools to disseminate timely, accurate information to engage the public more effectively in assisting with locating missing indigenous people persons and to compensate for the unique challenges that indigenous communities face in accessing media coverage and the ability to share information.(g)(i) The goal of the Feather Alert System is to engage with law enforcement agencies to notify the public when an indigenous person is kidnapped. missing.
SECTION Section 1. The Legislature finds and declares all of the following:(a) Indigenous people experience high rates of violence and are reported missing or are murdered at high rates. A 2016 study by the National Institute of Justice found that more than four in five American Indian and Alaska Native adults have experienced some form of violence in their lifetime.(b) Indigenous women, girls, and people are disproportionately affected by domestic violence, human trafficking, and murder, and become missing at much higher rates than people of other racial groups.(c) The Urban Indian Health Institute conducted various studies and found there to be over 5,700 cases of missing and murdered indigenous women, but only 116 of the women in the cases were placed on the United States Department of Justices missing persons list. In 2020, the Sovereign Bodies Institute found that only 165 missing and murdered indigenous women, girls, and two-spirit individuals were reported across California. The amount of cases reported makes California one of the top five states with the highest number of cases. The report was funded and coauthored by the Yurok Tribe.(d) As California has the largest population of Native Americans out of any state in the United States, the Legislature intends to address the crisis of missing and murdered indigenous people persons to ensure that it is a priority at every level.(e) With more than 109 federally recognized tribes, California is home to more federally recognized tribal governments than any other state in the United States.(f) Law enforcement agencies of federally recognized tribal governments often receive more detailed and updated information because of the trust they have with the tribal communities they serve, and therefore play a critical role in recovering a missing indigenous person. (e)(g) In June 2019, several stakeholders requested an audit of the Lanterman-Petris-Short Act in an effort to better inform future decisionmaking in mental health treatment and care. The audit supported that the use of an alert system, such as the Amber Alert, encourages the participation between law enforcement agencies, local resources, including tribal law enforcement agencies and resources, and the media to engage in a comprehensive protocol for a missing person. It also allows for an effective time-critical response to abductors who can disappear with an individual quickly.(f)(h) The Legislature intends to provide law enforcement with additional tools to disseminate timely, accurate information to engage the public more effectively in assisting with locating missing indigenous people persons and to compensate for the unique challenges that indigenous communities face in accessing media coverage and the ability to share information.(g)(i) The goal of the Feather Alert System is to engage with law enforcement agencies to notify the public when an indigenous person is kidnapped. missing.
SECTION Section 1. The Legislature finds and declares all of the following:
### SECTION Section 1.
(a) Indigenous people experience high rates of violence and are reported missing or are murdered at high rates. A 2016 study by the National Institute of Justice found that more than four in five American Indian and Alaska Native adults have experienced some form of violence in their lifetime.
(b) Indigenous women, girls, and people are disproportionately affected by domestic violence, human trafficking, and murder, and become missing at much higher rates than people of other racial groups.
(c) The Urban Indian Health Institute conducted various studies and found there to be over 5,700 cases of missing and murdered indigenous women, but only 116 of the women in the cases were placed on the United States Department of Justices missing persons list. In 2020, the Sovereign Bodies Institute found that only 165 missing and murdered indigenous women, girls, and two-spirit individuals were reported across California. The amount of cases reported makes California one of the top five states with the highest number of cases. The report was funded and coauthored by the Yurok Tribe.
(d) As California has the largest population of Native Americans out of any state in the United States, the Legislature intends to address the crisis of missing and murdered indigenous people persons to ensure that it is a priority at every level.
(e) With more than 109 federally recognized tribes, California is home to more federally recognized tribal governments than any other state in the United States.
(f) Law enforcement agencies of federally recognized tribal governments often receive more detailed and updated information because of the trust they have with the tribal communities they serve, and therefore play a critical role in recovering a missing indigenous person.
(e)
(g) In June 2019, several stakeholders requested an audit of the Lanterman-Petris-Short Act in an effort to better inform future decisionmaking in mental health treatment and care. The audit supported that the use of an alert system, such as the Amber Alert, encourages the participation between law enforcement agencies, local resources, including tribal law enforcement agencies and resources, and the media to engage in a comprehensive protocol for a missing person. It also allows for an effective time-critical response to abductors who can disappear with an individual quickly.
(f)
(h) The Legislature intends to provide law enforcement with additional tools to disseminate timely, accurate information to engage the public more effectively in assisting with locating missing indigenous people persons and to compensate for the unique challenges that indigenous communities face in accessing media coverage and the ability to share information.
(g)
(i) The goal of the Feather Alert System is to engage with law enforcement agencies to notify the public when an indigenous person is kidnapped. missing.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 3.
The authority shall develop planning and implementation guidelines for emergency medical services systems which address the following components:
(a)Staffing and training.
(b)Communications.
(c)Response and transportation, including response times and exemptions.
(d)Assessment of hospitals and critical care centers.
(e)System organization and management.
(f)Data collection, evaluation, and quality improvement.
(g)Public information and education.
(h)Disaster medical response.
(a)The authority shall develop, using input from stakeholders, including, but not limited to, hospitals, local EMS agencies, and public and private EMS providers, and, after approval by the commission pursuant to Section 1799.50, adopt a statewide standard methodology for the calculation and reporting by a local EMS agency of response times for all emergency ambulance services provided and ambulance patient offload time.
(b)The standard statewide methodology developed and adopted by the authority under this section shall use a fractal reporting format report that includes, at a minimum, a 90th percentile benchmark.
(c)For the purposes of this section, ambulance patient offload time means the interval between the arrival of an ambulance patient at an emergency department and the time that the patient is transferred to an emergency department gurney, bed, chair, or other acceptable location and the emergency department assumes responsibility for care of the patient.
(d)For purposes of this division, response time means the interval between the point in time when the address or location is received by the responding EMS providers dispatch center and the point in time that the transporting ambulance unit arrives at the provided address or location.
(e)The authority shall ensure the EMS system planning and implementation guidelines for response times performance reporting comply with all of the following requirements:
(1)The guidelines shall include a list of standardized terminology for local emergency medical services agencies to use when granting exemptions or when modifying original response time data for any publicly reported 911 response times required by this section. The list of standardized terminology shall include the following terms and definitions:
(A)Cancelled calls means an EMS response in which the responding unit is notified and begins the response, but the response is terminated prior to the responding EMS unit arrival on scene using predefined objective criteria.
(B)Do not count means an EMS response generated within the computer-aided dispatch (CAD) incident data that, upon review, does not satisfy the criteria for an EMS response that is subject to compliance monitoring using predefined objective criteria.
(C)Exemption means an EMS response where the incident data is administratively excluded from the CAD data used to calculate response interval compliance using predefined objective criteria.
(D)Time correction means an EMS response where defined points in time in the CAD incident data are administratively modified from the original CAD incident data using predefined objective criteria.
(2)The list of standardized terminology described in paragraph (1) shall include common reasons for granting exemptions from 911 response times in the various emergency medical services areas of the state.
(f)Nothing in this section supersedes Section 1797.201.
(a)A local EMS agency shall adopt policies and procedures for calculating and reporting ambulance patient offload time, as defined in subdivision (c) of Section 1797.120.
(b)A local EMS agency that adopts policies and procedures for calculating and reporting ambulance patient offload time pursuant to subdivision (a) shall do all of the following:
(1)Use the statewide standard methodology for calculating and reporting ambulance patient offload time developed by the authority pursuant to Section 1797.120.
(2)Establish criteria for the reporting of, and quality assurance followup for, a nonstandard patient offload time, as defined in subdivision (c).
(c)(1)For the purposes of this section, a nonstandard patient offload time means that the ambulance patient offload time for a patient exceeds a period of time designated in the criteria established by the local EMS agency pursuant to paragraph (2) of subdivision (b).
(2)Nonstandard patient offload time does not include instances when the ambulance patient offload time exceeds the period set by the local EMS agency due to acts of God, natural disasters, or manmade disasters.
(a)Upon the authority adopting a statewide standard, a local EMS agency shall adopt policies and procedures for calculating and reporting of response times, as defined in subdivision (d) of Section 1797.120, for emergency ambulance services providers.
(b)(1)A local EMS agency shall use the statewide standard methodology for calculating and reporting response interval performance developed by the authority pursuant to subdivision (a) of Section 1797.120.
(2)When establishing response time compliance requirements, the local EMS agency shall weigh the risk to the safety of the responding crew and public against the severity of the medical emergency when determining what level of response and time allotment to require from an emergency ambulance services provider.
(c)Local EMS agency response times reporting shall include data from all emergency ambulance services providers where the aggregate annual transport volume of all emergency ambulance transports for all exclusive operating areas exceeds 7,500 transports per calendar year within their jurisdiction.
(d)A local EMS agency shall report emergency ambulance services provider response times to the authority in a data dispatch form that is consistent with the California Emergency Medical Services Information System (CEMSIS) and the National Emergency Medical Services Information System (NEMSIS) standards, as specified by the authority, including with the following:
(1)The point in time that the public safety agency dispatch center receives the EMS call.
(2)The point in time that the EMS providers dispatch center that is responsible for directly dispatching the ambulance unit receives EMS caller data from a public agency dispatch center.
(3)The point in time that the responding ambulance unit is notified of EMS caller data by dispatch.
(4)The point in time that the ambulance unit is en route.
(5)The point in time that the ambulance unit arrives on scene.
(6)The emergency medical dispatch (EMD) code at which the call was dispatched and any upgrades or downgrades, if applicable.
(e)(1)A local EMS agency shall make response times publicly available monthly on the local EMS agency internet website both in raw form and on a 90th percentile fractal compliance scale. For purposes of this subdivision, raw form means the response time prior to administrative exemptions or modification.
(2)The local EMS agency shall include on the local EMS agencys internet website the response times provided to the local EMS agency by an emergency ambulance services provider pursuant to subdivisions (c) and (g).
(3)The Local EMS agency shall publish data not more than 60 calendar days after the last day of the monthly reporting period.
(f)For purposes of this section, EMS caller data means the address or location of the emergency.
(g)An emergency ambulance services provider shall report response times to the local EMS agency that has jurisdiction over the provider in the manner described in subdivision (d).
(h)This section does not apply to calls not originating in the 911 system.
(i)This section does not prohibit the local EMS agency from reporting response interval compliance from emergency ambulance services providers that do not satisfy the requirements described in subdivision (c).
(j)Nothing in this section supersedes Section 1797.201.
(a)Local EMS agencies shall annually submit an emergency medical services plan that includes the local EMS agencys annual budget for the EMS area to the authority, according to EMS Systems, Standards, and Guidelines established by the authority.
(b)The authority shall approve or request changes to the proposed plans within 90 calendar days of receipt.
(c)(1)A local EMS agency shall make the plan accessible on the agencys internet website within 30 calendar days of approval by the authority.
(2)The authority shall make each local EMS agency plan submitted to the authority accessible on the authoritys internet website within 30 calendar days of approval by the authority.
(a)Each local EMS agency shall include in the annual EMS plan required by Section 1797.254 all of the following:
(1)The list of administrative exemptions approved by the local EMS agency, if any, relating to 911 response time performance standards.
(2)The list of administrative modifications relating to reported response time performance standards approved by the local EMS agency, if any.
(3)Any exemptions from meeting 911 response times granted by the local EMS agency in the previous calendar year.
(4)An analysis of clinical outcome data supporting their existing response framework.
(b)For purposes of subdivision (a), when standardized terminology for exemptions is established by the authority pursuant to Section 1797.120, local EMS agencies shall utilize those standardized terms to the extent possible.
(c)This section does not prohibit a local EMS agency from granting exemptions that do not use the terminology established by the authority when the reason for granting the exemption does not meet the definition of a term established by the authority.
(d)This section does not prohibit a local EMS agency, when utilizing standardized terminology to grant exemptions from 911 response times, from including additional information or rationales when granting exemptions.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.