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christine2448
09-25-2008, 06:23 PM
Please post here any current laws/alerts in place relating to the Missing/UID.

capoly
01-09-2009, 02:08 PM
Code of Alabama - Title 26: Infants And Incompetents -
Section 26-19-1 Definitions.

For purposes of this chapter, the following words shall have the meanings ascribed, unless the context clearly indicates otherwise:
(1) ACMEC. The Alabama Center for Missing and Exploited Children created by this chapter within the department.
(2) CJIC. The Criminal Justice Information Center of the state.
(3) DEPARTMENT. The Alabama Department of Public Safety.
(4) DIRECTOR. The Director of the Department of Public Safety.
(5) LAW ENFORCEMENT AGENCIES. Federal, state and local law enforcement agencies of this state primarily, and of other states generally.
(6) MISSING CHILD. A child whose whereabouts are unknown to the child's legal custodian, the circumstances of whose absence indicate that:
a. The child did not voluntarily leave the care and control of the custodian, and the taking of the child was not authorized by law; or
b. The child voluntarily left the care and control of the child's legal custodian without the custodian's consent and without intent to return.
(7) MISSING PERSON. A person 18 years old or older whose disappearance is possibly not voluntary.
(8) NCIC. The National Crime Information Center and its computer system of reported missing persons and unidentified deceased persons maintained by the Federal Bureau of Investigation.
(Acts 1985, No. 85-538, p. 653, §1; Acts 1997, No. 97-416, p. 698, §1.)

Code of Alabama - Title 26:
Section 26-19-2 Alabama Center for Missing and Exploited Children created; general purpose.

There is created within the Department of Public Safety a statewide information and investigation center for the reporting by law enforcement agencies and other agencies and persons of missing persons, exploited children, and unidentified deceased persons. The center shall be known as the Alabama Center for Missing and Exploited Children, which may be referred to simply as "ACMEC."
(Acts 1985, No. 85-538, p. 653, §2; Acts 1997, No. 97-416, p. 698, §1.)

Code of Alabama - Title 26:
Section 26-19-3 Authority to transfer, hire, etc., personnel.

The Director of the Department of Public Safety is required to establish the Alabama Center for Missing and Exploited Children within the department, and for any purposes, may transfer or assign existing personnel within the department and may hire additional technical, legal, clerical, investigative, and other persons necessary to implement this chapter.
(Acts 1985, No. 85-538, p. 653, §3; Acts 1997, No. 97-416, p. 698, §1.)

Code of Alabama - Title 26: Infants And Incompetents -
Section 26-19-4 Specific functions of bureau.

ACMEC shall be responsible for the following specific functions:

(1) To receive and promptly enter into the Department of Public Safety's computer system all reports of << law>> enforcement agencies, and other persons and agencies, of << missing>> children and adults, exploited children, and of unidentified deceased persons, and all pertinent information submitted by the person or agency reporting which is contained in any investigation or investigations conducted pursuant to the report. ACMEC shall promptly enter the information in the NCIC computer network. If a << missing>> person is subsequently found or if an unidentified deceased person is subsequently identified, and the information is reported to the ACMEC, ACMEC shall maintain, as necessary, the data for << law>> enforcement purposes only.

(2) To coordinate with and provide assistance to state and local public and private nonprofit agencies, including those of other states and the federal government, in investigating cases of << missing>> persons, exploited children, and unidentified bodies and to conduct appropriate investigations.

(3) To provide training to << law>> enforcement officers, other professionals, and medical examiners, when available, on issues relating to << missing>> persons, exploited children, and unidentified bodies.

(4) To compile annual statistics on the number of << missing>> persons, exploited children, and unidentified deceased persons in this state.

(5) To develop recommendations for uniform reporting and investigation protocol for << law>> enforcement agencies within this state and the use of computer systems.

(6) To establish and operate a toll free telephone number to assist agencies and individuals in the reporting of << missing>> persons, exploited children, and unidentified deceased persons.

(7) To provide periodic lists, including photographs if available, to the State Board of Education, of all << missing>> school children in this state, grades K-12.

(8) To assist local << law>> enforcement agencies and other agencies to set up direct computer access to the state computer system.

(9) To solicit and collect from the state and local public and private nonprofit agencies in other states and of the national government dealing with << missing>> persons all available lists of << missing>> children grades K-12 for dissemination to the State Board of Education.

(10) To provide all state and local public and private nonprofit agencies in other states or of the national government dealing with << missing>> persons a list of all << missing>> Alabama children, with photographs, if available, for dissemination to the school systems of other states to locate the children.

(11) To act as liaison between private citizens and << law>> enforcement agencies regarding the appropriate procedures for handling and responding to << missing>> person cases and cases involving exploited children.

(12) To assist local << law>> enforcement agencies and community organizations who sponsor programs to fingerprint children by enabling parents to retain a permanent fingerprint record of their children for identification purposes.

(13) To assist in the preparation and dissemination of fliers of << missing>> persons, exploited children, and their abductors.

(14) To operate a resource center of information regarding prevention of abduction and sexual exploitation of children.
(Acts 1985, No. 85-538, p. 653, §4; Acts 1997, No. 97-416, p. 698, §1.)

Code of Alabama - Title 26: Infants And Incompetents -
Section 26-19-5 Law enforcement agencies to report missing persons to ACMEC; contents of report.

Any law enforcement agency in this state in which a complaint of a missing person has been filed shall prepare and send a report to ACMEC immediately on any missing person or unidentified deceased person. That report shall include, but is not limited to, the following:
(1) All information contained in the complaint on a missing person.
(2) All information or evidence gathered by a preliminary investigation, if one was made.
(3) A statement, by the law enforcement officer in charge, setting forth that officer's assessment of the case based upon all evidence and information received.
(4) An explanation of the next steps to be taken by the law enforcement agency filing the report.
(Acts 1985, No. 85-538, p. 653, §5; Acts 1997, No. 97-416, p. 698, §1.)

Code of Alabama - Title 26: Infants And Incompetents -
Section 26-19-6 Forwarding report to other law enforcement agencies.

Upon completion of the report, a copy of the teletype message with pertinent information shall be forwarded to:
(1) All law enforcement agencies having jurisdiction of the location in which the missing person lives or was last seen.
(2) All law enforcement agencies considered to be potentially involved by the law enforcement agency filing the report.
(3) All law enforcement agencies which the complainant requests the report to be sent to, if the request is reasonable in light of the information contained in the report.
(4) Any law enforcement agency requesting a copy of the missing person report.
(Acts 1985, No. 85-538, p. 653, §6.)

Code of Alabama - Title 26: Infants And Incompetents -
Section 26-19-7 Duties of law enforcement agencies upon receiving report of missing person.

Upon receiving a report of a person believed to be missing, the law enforcement agency shall conduct a preliminary investigation to determine whether the person is missing. If the person is determined to be missing, the agency shall immediately enter identifying and descriptive information about the person to the Alabama Center for Missing and Exploited Children (ACMEC) and to the National Crime Information Center (NCIC) through the Criminal Justice Information Center (CJIC). Law enforcement agencies having direct access to the CJIC and the NCIC computer shall enter and retrieve the data directly and shall cooperate in the entry and retrieval of data on behalf of law enforcement agencies which do not have direct access to the systems. Law enforcement agencies shall likewise report or enter data to ACMEC relating to unidentified deceased persons.
(Acts 1985, No. 85-538, p. 653, §7; Acts 1997, No. 97-416, p. 698, §1.)

Code of Alabama - Title 26: Infants And Incompetents -
Section 26-19-8 Duties of law enforcement agencies upon locating missing person.

Immediately after a missing person is located, or an unidentified deceased person is subsequently identified, the law enforcement agency which locates or returns the missing person, or which identifies a previously unidentified deceased person, shall notify the law enforcement agency having jurisdiction over the investigation, and that agency shall cancel the entry from the state CJIC, the NCIC computer, and from ACMEC.
(Acts 1985, No. 85-538, p. 653, §8; Acts 1997, No. 97-416, p. 698, §1.)

Code of Alabama - Title 26: Infants And Incompetents -
Section 26-19-9 Board of Education to compile and distribute list of missing school children.

The State Board of Education shall perform the following functions:
(1) Collect each month a list of missing Alabama school children, with a photograph, if available, as provided by ACMEC. A missing Alabama school child shall be defined for the purposes of this section as a child under 18 years whose whereabouts are unknown and who may reasonably be expected to be attending an Alabama school. The list shall be designed to include such information as the board deems necessary for the identification of the missing school child.
(2) Compile from the information collected pursuant to subdivision (1) a list of missing school children, to be distributed monthly to all public school systems admitting children to kindergarten through grade 12. The list shall include the names of all such missing children, together with such other information, with photographs, when available. The school systems shall distribute this information to the public schools in the system by whatever manner each system deems appropriate.
(3) Obtain from principals of public, private, and parochial schools in Alabama the name, birthdate, and Social Security number of each pupil who enrolls in the school for the first time and submit the information to ACMEC within thirty (30) days of the pupil's enrollment.
(Acts 1985, No. 85-538, p. 653, §9; Acts 1997, No. 97-416, p. 698, §1.)

Code of Alabama - Title 26: Infants And Incompetents -
Section 26-19-10 Public school systems to notify Department of Education and ACMEC when missing school child found.

Every public school system in this state shall notify the Department of Education and ACMEC immediately with respect to any child whose name appears on the department's list of missing school children who is subsequently found.
(Acts 1985, No. 85-538, p. 653, §10; Acts 1997, No. 97-416, p. 698, §1.)


http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/77117.htm

capoly
01-09-2009, 04:21 PM
Alabama AMBER Plan - Child Abduction Alert

Criteria to be met before the activation of the AMBER Child Abduction Alert

The Alabama AMBER plan will be set in motion for the state by one of the cooperating law enforcement agencies when a child abduction is reported and investigation reveals that:

1. A child has been abducted as defined by 13A-6-40 Alabama Criminal Code, AND;
2. The child is less than 18 years old, AND;
3. The child is at risk of serious bodily harm or death, AND;
4. There is enough descriptive information about the child, abductor, and/or suspect’s vehicle to believe an immediate broadcast alert will help investigators locate the child.

Activating the Alabama AMBER Alert System

Law Enforcement:
After local Law Enforcement confirms that a child has been abducted, the designated person within the investigating agency will call the Department of Public Safety in Montgomery to advise them a fax is forthcoming. DPS will confirm that the criteria has been met for an AMBER Activation and issue an AMBER Alert via the state Emergency Alert System (EAS) using the Child Abduction Emergency (CAE) Code. The following questionnaire may be used to verify that the criteria for the AMBER Alert have been met.

1. What is the child’s age?
1. 18 or older, do not activate AMBER Alert
2. Under 18, go to question 2.

2. What is the evidence that the child was abducted?
1. If abducted, go to question 3.
2. If not abducted, do not activate AMBER Alert

3. What is the relationship of the child to the abductor?
1. Stranger – Go to question 4.a.
2. Family member – go to question 4.b. below:

4. What is the evidence that the child is in danger of serious injury or death?

1. Stranger:
1. In most stranger abduction cases, the threat of serious injury or death to the victim can be assumed, unless there is compelling evidence to the contrary. Activate the AMBER Alert.

2. Family member abduction:

Generally, the AMBER Plan is not to be used for custody type situations. However, if the taking of the child rises the level/definition of an abduction under Alabama law, and there is compelling evidence that the child is in imminent danger of serious physical injury or death by being in the company of this person—then the AMBER Plan may be considered. Some factors for consideration are:

1. Has the child ever been abused physically or sexually by this person

2. Has the abductor threatened the child with bodily harm or death?

3. Is the abductor an abuser of alcohol or drugs?

4. Was the person under the influence of alcohol or other substance when the child was abducted.

If there is compelling evidence that the child is in immediate danger of serious physical injury or death, activate AMBER Alert.

http://www.dps.state.al.us/abi/amberplan.aspx

capoly
01-09-2009, 04:24 PM
Missing Child Media Alerts

In addition to the AMBER Alert system, Alabama has implemented a second-tier alert program, the Missing Child Media Alert system. These alerts are issued in certain cases when a child is reported missing yet there is no evidence the child has been abducted or is in imminent danger. The system is designed to inform the public about a missing child when the circumstances of the child's disappearance do not allow for AMBER activation. Unlike the AMBER Alert system, the Missing Child Media Alert system does not involve activation of the state's Emergency Alert System (EAS).

When a Missing Child Media Alert is issued, the Department of Public Safety prepares a flyer featuring the child's photograph and descriptive information. DPS activates its Missing Child Media Alert e-mail distribution system to advise the media and the public about the missing child. The e-mail communicates the circumstances of the child's disappearance, provides the child's description, and includes a link to Public Safety's Web site, dps.alabama.gov. The Web site includes the alert notice, missing child flyer, and any other information that may help in locating and recovering the child.


http://dps.alabama.gov/Home/

capoly
01-09-2009, 04:25 PM
Subscribe to be notified of missing child or Amber Alerts in Alabama (http://dps.alabama.gov/Community)