SD Laws/Alerts in Place

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imamaze

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Please post here any current laws/alerts in place relating to the Missing/UID.
 
TITLE 22. CRIMES
CHAPTER 22-19. KIDNAPPING

§ 22-19-14. Missing child report -- Entry into national crime information center computer
When a missing child report is made to a law enforcement agency in this state that has jurisdiction in the matter, the law enforcement agency shall gather readily available information about the missing child and integrate such information into the national crime information center computer within twelve hours following the making of the report. The law enforcement agency shall make reasonable efforts to acquire additional information about the missing child following the transmittal of the initially available information and promptly integrate any additional information acquired into such computer systems.
§ 22-19-15. Missing child report -- Notification to parents of entry into national crime information center computer
Whenever a law enforcement agency integrates information about a missing child into the national crime information center computer, the law enforcement agency shall promptly notify the missing child's parents, custodial parent, guardian, or legal custodian, or any other person responsible for the missing child, of that action.
§ 22-19-16. Missing child report -- Information from parents and other persons
Each parent, custodial parent, guardian, legal custodian, or other person responsible for the missing child shall provide available information upon request, and may provide information voluntarily, to the law enforcement agency during the information gathering process. The law enforcement agency also may obtain available information about the missing child from other persons subject to constitutional and statutory limitations.

TITLE 26. MINORS
CHAPTER 26-15.
§ 26-15-2.

Fingerprinting programs shall be developed for the sole purpose of providing a means by which a missing child may be located or identified and shall be operated as follows:
(1) No student or minor may be required to participate in the program;
(2) In order for a student or minor to participate in the program, the parents, custodial parent, legal custodian or other person responsible for the student or minor shall authorize the student's or minor's participation by signing a form supplied by the school district or principal or chief administrator of the nonpublic school;
(3) The fingerprinting of students or minors shall be performed under the supervision of local law enforcement agencies on forms developed by the school district or nonpublic school and approved by local law enforcement agencies;
(4) All completed fingerprint forms shall be given to the parents, custodial parent, guardian, legal custodian or other person responsible for a student or minor after the fingerprinting. No copy of a fingerprinting shall be retained by a law enforcement agency, school, school district or any other person except the student's or minor's parent, guardian or legal custodian;
(5) The name, sex, height, weight, hair and eye color, and date and place of birth of the student or minor shall be indicated on the fingerprint card or form.

TITLE 26. MINORS
CHAPTER 26-17. MISSING CHILDREN
[EFFECTIVE JULY 1, 2006]
S.D. Codified Laws § 26-17-2
§ 26-17-2.

Missing child report -- Entry into national crime information center computer
When a missing child report is made to a law enforcement agency in this state that has jurisdiction in the matter, the law enforcement agency shall gather readily available information about the missing child and integrate such information into the national crime information center computer within twelve hours following the making of the report. The law enforcement agency shall make reasonable efforts to acquire additional information about the missing child following the transmittal of the initially available information and promptly integrate any additional information acquired into such computer systems.
§ 26-17-3.
Missing child report -- Notification to parents of entry into national crime information center computer
Whenever a law enforcement agency integrates information about a missing child into the national crime information center computer, the law enforcement agency shall promptly notify the missing child's parents, custodial parent, guardian, or legal custodian, or any other person responsible for the missing child, of that action.
§ 26-17-4.
Missing child report -- Information from parents and other persons
Each parent, custodial parent, guardian, legal custodian, or other person responsible for the missing child shall provide available information upon request, and may provide information voluntarily, to the law enforcement agency during the information gathering process. The law enforcement agency also may obtain available information about the missing child from other persons subject to constitutional and statutory limitations.
 
http://www.state.sd.us/epa/EndangeredPersons.html


The Endangered Person Advisory is an innovative system to immediately notify law enforcement and the public about missing person cases not meeting the criteria for an AMBER Alert. For over a decade, Amber Alerts have proven to be a valuable tool that have saved the lives of hundreds of children. However, AMBER Alerts do not address cases involving children where police have no evidence of an abduction, adult kidnap victims, missing Alzheimer’s patients or children lost near water or cliffs. The Endangered Person Advisory System gives police a formal action plan to safely recover missing children who do not fit the AMBER Alert criteria, or adults because no systematic recovery plan exists.



How is an Endangered Person Advisory started in South Dakota? A missing person is reported to their local law enforcement agency. During investigation of the missing person case, local law enforcement will determine if the missing person is endangered and might be aided by an Endangered Person Advisory.
The Activation of the Endangered Person Advisory plan can only be requested by South Dakota law enforcement agencies using the following criteria:
  • Do the circumstances fail to meet the criteria for an AMBER Alert? (If they do meet the criteria for an AMBER Alert, immediately follow the protocol to issue an Amber Alert).
  • Is the person missing under unexplained, involuntary or suspicious circumstances?
  • Is the person believed to be in danger because of age, health, mental or physical disability, environment or weather conditions, in the company of a potentially dangerous person or some other factor that may put the person at risk for serious bodily injury or death?
  • Is there enough descriptive information that could assist the public in the safe recovery of the endangered person?
 
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