BA3-web

 

Brittany alert means a notification relating to an endangered person, who is a missing person and whom there is a clear indication that the person has a developmental disability as defined in Subsection A of Section 28-16A-6 NMSA 1978 and that the person’s health or safety is at risk.

28-16A-6. Eligibility

For purposes of eligibility for support and services:

A. “Developmental disability” means a severe chronic disability of a person that:

1. is attributable to a mental or physical impairment, including the result from trauma to the brain, or combination of mental and physical impairments;
2. is manifested before the person reaches the age of twenty-two years;
3. is expected to continue indefinitely;
4. results in substantial functional limitations in three or more of the following areas of major life activity:

a. self-care;
b. receptive and expressive language;
c. learning;
d. mobility;
e. self-direction;
f. capacity for independent living; and
g. economic self-sufficiency; and

5. reflects the person’s need for a combination and sequence of special, interdisciplinary or generic care treatment or other support and services that are of life-long or extended duration and are individually planned and coordinated;

Brittany Alert Advisory

A. The department of public safety shall issue a Brittany alert if, after review and investigation of a missing person report of a person subject to the alert, the department makes an independent determination that the missing person is a person subject to the alert.

B. The department shall develop and implement Brittany alert procedures for the purpose of disseminating, as rapidly as possible, information about a person subject to the alert. The procedures shall include:

1. notification to the lead station of the Brittany alert;
2. notification to other public and private media sources and members of the public as necessary; and
3. the provision of information about the subject of the Brittany alert, including all identifying information, to the lead station and other media sources.”

EFFECTIVE DATE: The effective date of the provisions of this act is July 1, 2016.