10-12-2008, 03:28 PM #1
AK Laws/Alerts in Place
Please post Alaska's Laws and Alerts in Place here.
01-09-2009, 02:46 PM #2Registered User
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Missing Persons Clearinghouse
The Missing Persons Clearinghouse became operational in 1988. Operation of the Missing Persons Clearinghouse is guided by Alaska Statutes: *18.60.170, *18.65.600-660, and *47.10.141.
The Missing Persons Clearinghouse represents all Alaska Police Agencies and aspires to meet the needs of each agency by providing the most current and accurate information available regarding missing persons. Clearinghouse personnel are primarily responsible for:
• Maintaining an intrastate/interstate network of communication to facilitate speedy collection and processing of information regarding missing persons.
• Maintaining a central database which is utilized for the collection, analysis, and dissemination of information on missing persons for the purpose of identifying, locating, and returning them.
• Coordinating with other Missing Persons agencies in the United States and Canada.
• Cooperating with private citizens, local law enforcement agencies, and other state and federal agencies in investigations concerning missing persons.
• Providing training and assistance to law enforcement agencies to promote effective use of the Clearinghouse.
• Composing and distributing Missing Persons Bulletins and media coordination regarding high-profile missing person cases.
• Coordinating efforts to match found bodies or body parts to existing missing persons cases.
• Analyzing missing person trends to detect the possibility of serial criminal cases.
• Acquisition of photographs, fingerprints, dental records, medial records, and other documentation used to verify identity.
• Assistance with entry of missing persons data and information pertaining to unidentified bodies into the APSIN and NCIC Computer Systems.
(800) 478-9333 - Alaska Only
(907) 269-5497 - Local
(907) 338-7243 - FAX
Last edited by capoly; 01-09-2009 at 02:52 PM. Reason: Post continued below
01-09-2009, 02:52 PM #3Registered User
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Alaska Statues Missing Persons
AS 18.65.600. Missing Persons Information Clearinghouse.
There is in the Department of Public Safety the missing persons information clearinghouse.
AS 18.65.610. Duties of Missing Persons Information Clearinghouse.
(a) The missing persons information clearinghouse is established as a central repository of information regarding missing persons.
(b) The clearinghouse shall
(1) establish within the state a system and appropriate procedures for communication of information regarding missing persons;
(2) collect, maintain, and disseminate accurate and complete information on missing persons for the purpose of identifying, locating, and returning them;
(3) provide for exchange of information on missing persons within the state;
(4) cooperate with private citizens, local law enforcement agencies, and other state and federal agencies in investigations concerning missing persons;
(5) provide training and assistance to law enforcement agencies to promote effective use of the clearinghouse.
AS 18.65.620. Duty of Law Enforcement Agencies.
In addition to the requirements of AS 47.10.141 *(see below) regarding reports of missing minors, a local or state law enforcement agency shall submit to the clearinghouse all missing person reports received by the law enforcement agency that relate to a person who is not located within 48 hours after the first report concerning that person was filed.
AS 18.65.630. Medical and Dental Records of Missing Persons.
(a) When a person files a report of a missing person with a law enforcement agency or with the clearinghouse, a form authorizing the release of medical and dental records to the law enforcement agency and to the clearinghouse shall be supplied to the family, next of kin, or legal guardian of the missing person. The family, next of kin, or legal guardian of the missing person may complete the release form and deliver the release form to the physician or dentist of the missing person. The physician or dentist who receives a release form signed by the family, next of kin, or legal guardian of the missing person shall release to the law enforcement agency and the clearinghouse only that information that is necessary to identify the missing person.
(b) When the family, next of kin, or legal guardian of a missing person cannot be located or does not exist, a law enforcement agency may execute a written declaration stating that an active investigation is being conducted and that medical and dental records are required for the exclusive purpose of furthering the investigation. Notwithstanding AS 40.25.120 and AS 17.30.155 , the declaration signed by a peace officer under this subsection is sufficient authority for the physician or dentist to release information necessary to aid in the identification of the missing person. The physician or dentist may only release that information that is necessary to identify the missing person.
(c) Medical and dental records obtained under this section shall be provided to the clearinghouse.
(d) When a missing person is found, the law enforcement agency and the clearinghouse shall destroy all records in their files obtained under this section.
AS 18.65.640. Reports Upon Finding a Missing Person.
A person who has filed a missing person report with the clearinghouse or a law enforcement agency shall immediately notify the clearinghouse or the law enforcement agency when the location of the missing person is determined.
AS 18.65.650. Civil Penalty.
The commissioner of public safety, or a person designated by the commissioner of public safety, may file a civil complaint in the district court to enforce AS 18.65.640 . A person who fails to comply with AS 18.65.640 is subject to a civil fine of not more than $1,000.
AS 18.65.660. Definition.
In AS 18.65.600 - 18.65.660, "clearinghouse" means the missing persons information clearinghouse established in AS 18.65.600 .
Article 09. VILLAGE AND REGIONAL PUBLIC SAFETY OFFICERS
Last edited by capoly; 01-09-2009 at 02:53 PM. Reason: Post continued below
01-09-2009, 02:58 PM #4Registered User
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*AS 18.60.170. Report and Investigation of Disappearance.
The commissioner of public safety or a designee shall file each notification of disappearance with the missing persons information clearinghouse under AS 18.65.620 , and shall notify the peace officer in the district where the disappearance occurred or in the nearest districts where there is a peace officer to make an investigation regarding the disappearance. If the circumstances give reasonable grounds for suspicion that a murder has been committed or that a person has met with foul play, the peace officer shall report all the facts to the district attorney in the peace officer's district or the assistant district attorney living nearest the place where the peace officer resides. The district attorney or the assistant district attorney shall assist and advise the peace officer in the investigation.
*AS 47.10.141. Runaway and Missing Minors.
(a) Upon receiving a written, telephonic, or other request to locate a minor evading the minor's legal custodian or to locate a minor otherwise missing, a law enforcement agency shall make reasonable efforts to locate the minor and shall immediately complete a missing person's report containing information necessary for the identification of the minor. As soon as practicable, but not later than 24 hours after completing the report, the agency shall transmit the report for entry into the Alaska Public Safety Information Network and the National Crime Information Center computer system. The report shall also be submitted to the missing persons information clearinghouse under AS 18.65.620 . As soon as practicable, but not later than 24 hours after the agency learns that the minor has been located, it shall request that the Department of Public Safety and the Federal Bureau of Investigation remove the information from the computer systems.
(b) A peace officer shall take into protective custody a minor described in (a) of this section if the minor is not otherwise subject to arrest or detention. Unless (c) of this section applies, when a peace officer takes a minor into protective custody under this subsection,
(1) the peace officer shall
(A) return the minor to the minor's parent or guardian at the parent's or guardian's residence if the residence is in the same community where the minor was found and if the minor's parent or guardian consents to the return, except that the officer may not use this option if the officer has reasonable cause to believe that the minor has experienced physical or sexual abuse in the parent's or guardian's household;
(B) take the minor to a nearby location agreed to by the minor's parent or guardian if the parent or guardian does not consent to return of the minor under (A) of this paragraph and the officer does not have reasonable cause to believe that the minor has experienced physical or sexual abuse in the parent's or guardian's household; or
(C) if disposition of the minor is not made under (A) or (B) of this paragraph, take the minor to
(i) an office specified by the Department of Health and Social Services;
(ii) a program for runaway minors licensed by the department under AS 47.10.310 ;
(iii) a shelter for runaways that has a permit from the department under AS 47.32 that agrees to shelter the minor;
(iv) a facility or contract agency of the department; or
(v) another suitable location and promptly notify the department if an office specified by the department, a licensed program for runaway minors, a shelter for runaways that will accept the minor, or a facility or contract agency of the department does not exist in the community;
(2) if the peace officer plans to take the minor to an office, program, shelter, or facility under (1)(C) of this subsection, the peace officer shall give the highest priority to taking the minor to an office, program, shelter, or facility that is semi-secure;
(3) a minor under protective custody may not be housed in a jail or other detention facility but may be housed in a semi-secure portion of an office, program, shelter, or other facility under (1)(C) of this subsection;
(4) the peace officer, immediately upon taking a minor into protective custody, shall
(A) advise the minor of available mediation services and of the right to social services under AS 47.10.142 (b); and
(B) if the identity of the minor's parent or guardian is known, advise the minor's parent or guardian that the minor has been taken into protective custody and that counseling services for the minor's parent or guardian and the minor's household may be available under AS 47.10.142(b).
(c) A minor may be taken into emergency protective custody by a peace officer and placed into temporary detention in a juvenile detention home in the local community if there has been an order issued by a court under a finding of probable cause that (1) the minor is a runaway in wilful violation of a valid court order issued under AS 47.10.080(c)(1), 47.10.142(f), AS 47.12.120 (b)(1) or (3), or 47.12.250(d), (2) the minor's current situation poses a severe and imminent risk to the minor's life or safety, and (3) no reasonable placement alternative exists within the community. A minor detained under this subsection shall be brought before a court on the day the minor is detained, or if that is not possible, within 24 hours after the detention for a hearing to determine the most appropriate placement in the best interests of the minor. A minor taken into emergency protective custody under this subsection may not be detained for more than 24 hours, except as provided under AS 47.12.250 . Emergency protective custody may not include placement of a minor in a jail or secure facility other than a juvenile detention home, nor may an order for protective custody be enforced against a minor who is residing in a licensed program for runaway minors, as defined in AS 47.10.390 .
(d) If, after investigation of a report of a missing minor, a law enforcement agency has reason to believe that the minor is involuntarily absent from the custody of a custodial parent or guardian, the department shall notify the Bureau of Vital Statistics of the disappearance and shall provide the bureau with a description of the minor. The description of the minor must include, if known, the minor's full name, date and place of birth, parent's names, and mother's maiden name. If the Department of Public Safety has reason to believe that the minor, whether born in this state or not, has been enrolled in a specific school or school district in the state, the department shall also notify the last known school or school district attended in the state by the missing minor of the disappearance. When a person who was listed as a missing minor is found, the Department of Public Safety shall notify the Bureau of Vital Statistics and any school or school district previously informed of the person's disappearance.
(e) In the absence of gross negligence or intentional misconduct, an office, program, shelter, or facility, or an employee of an office, program, shelter, or facility, to which a minor is taken by a peace officer for semi-secure custody is not subject to civil or criminal liability based on the minor's leaving the office, program, shelter, or facility without permission unless the office, program, shelter, or facility is not in compliance with the department's regulations that set standards for semi-security and the lack of compliance was a material factor in the minor's being able to leave without permission.
(f) If a child, without permission, leaves the semi-secure portion of an office, program, shelter, or facility to which the child was taken by a peace officer under (b)(1)(C) of this section, the office, program, shelter, or facility shall immediately notify the department and the nearest law enforcement agency of the identity of the child and the child's absence. If the same child is again taken into protective custody under (b) of this section and the peace officer knows that the child has previously been reported under this subsection as missing from a semi-secure placement, the peace officer, in addition to taking the appropriate action under (b) of this section, shall report the circumstances and the identity of the child to the department. Within 48 hours after receiving this report, the department shall determine whether to file a petition alleging that the child is a child in need of aid under AS 47.10.011 . If the department decides not to file a petition alleging that the child is a child in need of aid, the department shall, within seven state working days after receiving the report from the peace officer under this subsection, send to the child's parents or guardian, as applicable, written notice of its determination not to proceed with the petition, including the reasons on which the determination was based. If the department is unable to obtain a reasonably reliable address for a parent or guardian, the department shall keep a copy of the notice on file and, notwithstanding AS 47.10.093 , release the notice to the child's parent or guardian on request of the parent or guardian. If the department files a petition alleging that the child is a child in need of aid, the court shall proceed under AS 47.10.142 (d).
(g) If the department files a petition alleging the child is a child in need of aid under AS 47.10.011 (5) because the child is habitually absent from home or refuses available care, the child's parent or guardian shall attend each hearing held during the child-in-need-of-aid proceedings unless the court excuses the parent or guardian from attendance for good cause. If the child is found to be a child in need of aid, the court may order that the
(1) child participate in treatment;
(2) parent or guardian personally participate in treatment reasonably available in the parent or guardian's community as specified in a plan set out in the court order; and
(3) child and the parent or guardian comply with other conditions set out in the court order.
(h) If the court orders a minor's parent or guardian to participate in the treatment under (g) of this section, the court may also order the parent or guardian to use available insurance or another resource to cover the treatment, or to pay for the treatment if other coverage is unavailable.
(i) If the parent or guardian fails to attend a hearing as required by the court under (g) of this section, the hearing shall proceed without the presence of the parent.
(j) In this section,
(1) "law enforcement agency" has the meaning given in AS 12.36.090 ;
(2) "semi-secure" means operated according to standards that may be established by the department in regulations that are designed to require a level of security that will reasonably ensure that, if a minor leaves without permission, the minor's act of leaving will be immediately noticed.
AS 40.25.120. Public Records; Exceptions; Certified Copies.
(a) Every person has a right to inspect a public record in the state, including public records in recorders' offices, except
(1) records of vital statistics and adoption proceedings, which shall be treated in the manner required by AS 18.50;
(2) records pertaining to juveniles unless disclosure is authorized by law;
(3) medical and related public health records;
(4) records required to be kept confidential by a federal law or regulation or by state law;
(5) to the extent the records are required to be kept confidential under 20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to secure or retain federal assistance;
(6) records or information compiled for law enforcement purposes, but only to the extent that the production of the law enforcement records or information
(A) could reasonably be expected to interfere with enforcement proceedings;
(B) would deprive a person of a right to a fair trial or an impartial adjudication;
(C) could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim, or witness;
(D) could reasonably be expected to disclose the identity of a confidential source;
(E) would disclose confidential techniques and procedures for law enforcement investigations or prosecutions;
(F) would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or
(G) could reasonably be expected to endanger the life or physical safety of an individual;
(7) names, addresses, and other information identifying a person as a participant in the Alaska Higher Education Savings Trust under AS 14.40.802 or the advance college tuition savings program under AS 14.40.803 - 14.40.817;
(8) public records containing information that would disclose or might lead to the disclosure of a component in the process used to execute or adopt an electronic signature if the disclosure would or might cause the electronic signature to cease being under the sole control of the person using it;
(9) [See delayed repeal note]. reports submitted under AS 05.25.030 concerning certain collisions, accidents, or other casualties involving boats;
(10) records or information pertaining to a plan, program, or procedures for establishing, maintaining, or restoring security in the state, or to a detailed description or evaluation of systems, facilities, or infrastructure in the state, but only to the extent that the production of the records or information
(A) could reasonably be expected to interfere with the implementation or enforcement of the security plan, program, or procedures;
(B) would disclose confidential guidelines for investigations or enforcement and the disclosure could reasonably be expected to risk circumvention of the law; or
(C) could reasonably be expected to endanger the life or physical safety of an individual or to present a real and substantial risk to the public health and welfare;
(11) the written notification regarding a proposed regulation provided under AS 24.20.105 to the Department of Law and the affected state agency and communications between the Legislative Affairs Agency, the Department of Law, and the affected state agency under AS 24.20.105.
(12) records that are
(A) proprietary, privileged, or a trade secret in accordance with AS 43.90.150 or 43.90.220(e);
(B) applications that are received under AS 43.90 until notice is published under AS 43.90.160 .
(b) Every public officer having the custody of records not included in the exceptions shall permit the inspection, and give on demand and on payment of the fees under AS 40.25.110 - 40.25.115 a certified copy of the record, and the copy shall in all cases be evidence of the original.
(c) Recorders shall permit memoranda, transcripts, and copies of the public records in their offices to be made by photography or otherwise for the purpose of examining titles to real estate described in the public records, making abstracts of title or guaranteeing or insuring the titles of the real estate, or building and maintaining title and abstract plants; and shall furnish proper and reasonable facilities to persons having lawful occasion for access to the public records for those purposes, subject to reasonable rules and regulations, in conformity to the direction of the court, as are necessary for the protection of the records and to prevent interference with the regular discharge of the duties of the recorders and their employees.
AS 17.30.155. Confidentiality of Certain Information.
A practitioner engaged in medical practice or research may not disclose the name or identity of a patient or research subject that the practitioner is required to keep confidential unless ordered by a court to disclose it within the context of a criminal investigation or proceeding.
01-09-2009, 03:55 PM #5Registered User
- Join Date
- Jul 2008
Alaska Amber Alert
AMBER activation Criteria
1. The abduction involves a child or children
under 18 years of age, or someone with known
mental or physical disability; and
2. Local law enforcement is reasonably certain
that an abduction has occurred and the victim is
believed to be in imminent danger of serious
bodily harm, or death; and
3. Enough descriptive information is available
about the victim, the suspect, and or the
suspects vehicle to assist with the safe recovery
of the victim and or the apprehension of the
4. Information on the abduction has been
entered into the National Crime Information
Center (NCIC), and is flagged as a Child
abduction (CA) or AMBER ALERT (AA)
All criteria must be met to use the AMBER Alert system.
AMBER Alerts are not to be used for
runaways or family abductions
Unless investigation determines that the
victim s life is in immediate danger
If you have not met all the criteria, use
Child Abduction Response Team (CART)
A tool for law enforcement and search
and rescue teams. CART is a highly trained rapid response task
Available around the clock to respond to an
incident involving a missing child anywhere in
Maybe used without activating the AMBER alert
01-09-2009, 08:10 PM #6Registered User
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- Jul 2008
Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act
The Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003, otherwise known as the PROTECT Act, gives law-enforcement authorities valuable tools to deter, detect, investigate, prosecute, and punish crimes committed against children; strengthens laws against child pornography; and addresses deficiencies in federal sentencing policies and practices. Provisions that relate specifically to missing or abducted children include an increase in the base-offense level for kidnapping; a mandatory 20-year sentence for an offender whose kidnapping victim is a nonfamily-member minor; attempt liability for international parental kidnapping; Suzanne's Law, which requires each federal, state, and local law-enforcement agency to enter information about missing children younger than the age of 21 into the FBI's NCIC database; America's Missing: Broadcast Emergency Response (AMBER) Alert provisions calling for the national coordination of state and local AMBER Alert programs, including the appointment of a national AMBER Alert coordinator3 and the development of guidelines for the issuance and dissemination of AMBER Alerts; a Code ADAM program that requires designated authorities for public buildings to establish procedures for locating a child who is missing in the building;4 and making the statute of limitations for crimes involving the abduction of a child the life of the child.
01-14-2009, 04:01 AM #7Registered User
- Join Date
- Jul 2008
TITLE 14. EDUCATION, LIBRARIES, AND MUSEUMS
CHAPTER 30. PUPILS AND EDUCATIONAL PROGRAMS FOR PUPILS
ARTICLE 10. RECORDS OF CERTAIN MISSING OR TRANSFERRED CHILDREN
Alaska Stat. § 14.30.700 (2004)
Sec. 14.30.700. Records of missing children
Upon notification by the Department of Public Safety of a child's disappearance, a school or school district in which the child is currently or was previously enrolled shall flag the school record of that child in a manner that, when a copy or information regarding the record is requested, the school or school district shall be alerted to the fact that the record is that of a missing child. The school or school district shall immediately report to the Department of Public Safety a request regarding flagged records, including any knowledge as to the whereabouts of the child. Upon notification by the Department of Public Safety that the person who was listed as a missing child has been found, the school or school district shall remove the flag from theperson's record.
Sec. 14.45.110. Requirements of exempt schools
(a) The parent or guardian of a child of compulsory school age enrolled in a religious or other private school that complies with AS 14.45.100 14.45.130
shall file an annual notice of enrollment in the school for the child with the local public school superintendent for the area in which the child resides on a form provided by the department. The form shall be signed by the
parent or guardian and the chief administrative officer of the school and returned to the local public school superintendent by the parent or guardian. The school shall notify the local public school superintendent within a reasonable time if the child is no longer enrolled in or attending the school.
(b) A religious or other private school that elects to comply with AS 14.45.100 14.45.130 shall maintain monthly attendance records for each student enrolled in the school, shall operate on a regular schedule, excluding reasonable holidays and vacations, during at least 180 days of the
year, shall make an annual report to the commissioner of the number of students in each grade and the school calendar, and shall comply with the provisions concerning missing children underAS 14.30.700 14.30.720.
CHAPTER 50. VITAL STATISTICS ACT
ARTICLE 4. RECORDS
Alaska Stat. § 18.50.315 (2004)
Sec. 18.50.315. Records of missing children
(a) Upon receiving notification by the Department of Public Safety or another law enforcement agency that a child born in this state is missing, the bureau shall flag the birth certificate record of the missing child in a manner that alerts the bureau to the fact that the record is that of a missing child when a copy of that birth certificate or information regarding that birth certificate
is requested. Upon notification by the department that the person who was listed as a missing child has been found, the bureau shall remove the flag from the person's birth certificate record.
(b) The bureau may not provide a copy of a birth certificate or information concerning the birth record of a person whose record is flagged under (a) of this section except as provided in thissection.
(c) When a copy of a flagged birth certificate is requested, the bureau shall immediately notify the Department of Public Safety. If a flagged record is requested in person, the bureau shall record the name, address, and telephone number of the person making the request. The bureau may only provide a copy of the requested birth certificate by mail.
(d) In this section,
(1) "child" means a person under 18 years of age;
(2) "law enforcement agency" has the meaning given in AS 12.36.090.
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