Discussion in 'Arkansas' started by MissieMt, Sep 29, 2008.
Please post here any current laws/alerts in place relating to the Missing/UID.
Arkansas Crime Information Center
Missing Persons Search
There is no required waiting period to report a missing person. Law enforcement agencies should be contacted without delay. This is extremely important in cases involving a possible abduction, suspected foul play or an at-risk situation. With ACIC missing persons service, law enforcement agencies will be able to forward missing persons information to ACIC and have it displayed in a public forum available to anyone around the world who has access to the Internet.
It is ACIC’s desire to assist law enforcement in their efforts to identify, locate and recover missing persons so they may be returned to their families.Law enforcement agencies desiring to post a photograph and event information of a missing person should contact ACIC at (501) 682-7411, Monday through Friday, 0730-1600 hours.A copy of the agency's Missing Person Report and a clear photograph will be required with an agency case number. The report and photograph can be sent via regular mail or the report can be faxed and the photograph sent regular mail or e-mailed as a .jpg file to ACIC.
ACIC realizes that bringing missing person information to the public’s attention increases the opportunity for identification and recovery of the individual. Information received will be posted to the ACIC website as soon as possible. This service is available for Arkansas missing persons or persons from other states suspected of being in Arkansas.
NCIC MISSING PERSON FILE
There is no waiting period before a person can be entered into the NCIC Missing Person File. Arkansas law requires all missing persons to be entered immediately.
The National Crime Information Center's (NCIC's) Missing Person File was implemented in 1975. Records in the Missing Person File are retained indefinitely or until the individual is located or the record is canceled by the entering agency.
Missing Person Entry Categories. All missing persons must be classified into one of the following categories:
Juvenile - Entry of a person under the age of 21 who is missing and does not meet any of the entry criteria set forth in the other categories.
Endangered - Entry of a person of any age who is missing under circumstances indicating that his/her physical safety may be in danger.
Involuntary - Entry of a person of any age who is missing under circumstances indicating that the disappearance may not have been voluntary, i.e., abduction or kidnapping.
Disability - A person of any age who is missing and under proven physical/mental disability or is senile, thereby subjecting him/herself or others to personal and immediate danger.
Catastrophe Victim - A person of any age who is missing after a catastrophe.
Other - A person over the age of 21 not meeting the criteria for entry in any category who is missing and for whom there is a reasonable concern for his/her safety.
Unidentified Person Entry Categories
Deceased - A person who is no longer living for whom the identity cannot be ascertained. This category also includes body parts when a body has been dismembered.
Catastrophe Victim - A person who is a victim of a catastrophe for whom the identity cannot be ascertained or body parts when a body has been dismembered as the result of a catastrophe.
Living - A person who is living and unable to ascertain his/her identity, e.g., amnesia victim, infant, etc. The information on unidentified living persons should only be included if the person gives his/her consent or if they are physically or mentally unable to give consent.
Morgan Nick Amber Alert System
Level I EAS Activation Criteria & Procedure
The following list of activation criteria must be considered initially by the local law enforcement agency commander requesting activation of the Morgan Nick Amber Alert System (MNAA). An Arkansas State Police commander shall also review the same criteria before initiating activation of the system.
Local Law Enforcement Agency Minimum Reporting Criteria
1) The age of the child – Persons who are subjects of the alerts must be less than 18 years of age.
2) Threat assessment – Collect the necessary statements and evidence necessary to assess the likelihood that the missing infant, child or minor may be facing imminent harm or death.
3) Time element – The amount of time that has elapsed between the last known sighting of the missing or abducted infant, child or minor and the actual time of the report to a law enforcement agency must be factored into a decision to activate a Level I, EAS/MNAA.
4) Witness information – Consider the reliability and competency of witness information.
5) Parental or guardian disputes – Every effort must be made to determine if any parental or guardian dispute has played some role in the disappearance of the missing infant, child or minor.
6) Collective evidence and statements – The decision whether to authorize a Level I activation will be based on the collective evidence and statements provided to law enforcement officers that would lead investigators to believe there is a credible evidence of an abduction and/or the threat the infant, child or minor may be in imminent danger, facing serious injury or death.
Sign-up for Morgan Nick/Amber Alert Notification
Arkansas Morgan Nick/Amber Alert Initial Form
Arkansas Missing Persons Report
Accounting for Students on School Bus
ARKANSAS CRIME INFORMATION CENTER
ADOPTED IN ACCORDANCE WITH THE
ADMINISTRATIVE PROCEDURE ACT
ARKANSAS CRIME INFORATION CENTER
(b) Entry of Records. Agencies should enter into ACIC,
and into NCIC when appropriate, information on wanted persons,
missing persons, and stolen property, as soon as the minimum data
elements required for entry become available. The FBI considers
the entry of a record within 72 hours of origin to be timely. After
entry, the FBI requires missing person records to be updated within
60 days with any additional information that may have been
obtained. There is no required waiting period before entering any
missing persons, and Arkansas law (A.C.A. § 12-12-205) requires
the immediate entry of missing persons under the age of 18.
Agencies must have procedures in place to verify the accuracy of
all information entered into ACIC and NCIC, with such procedures
to include a review or double-checking by a second-party
immediately after the record is entered.
http://www.acic.org/law/SYSTEM REGULATIONS_files/System Regulations 1-7-2005.pdf
12-12-205.Missing Persons Information Clearinghouse.
(a)There is created a Missing Persons Information Clearinghouse within the Arkansas Crime Information Center.
(b)The clearinghouse shall be administered by the Director of the Arkansas Crime Information Center.
(c)The clearinghouse shall: (1)Establish a computerized system to communicate information on: (A)Persons reported to be missing; and
(B)Unidentified deceased persons;
(2)Interface with the National Crime Information Center for the exchange of information on: (A)Missing persons; and (B)Unidentified deceased persons;
(3)Establish educational services and publications deemed appropriate to aid in dealing with missing persons;
(4)Be authorized to issue regulations and procedures for the orderly collection and entry of information on missing persons and unidentified deceased persons, as well as rules governing access to information on missing persons and unidentified deceased persons;
(5)Annually compile and make available statistical information on the number of missing persons and unidentified deceased persons entered into the computerized system of the clearinghouse and, where available, information on the number located; and
(6)Release information upon request to any court in a pending custody proceeding when the court needs information concerning whether a child has been reported as missing.
(d) (1)Upon receiving notice of a missing child, a law enforcement agency shall complete a missing person report and immediately enter identifying and descriptive information about the missing child into the computerized system of the clearinghouse.
(2)( A)(i)Upon receiving notice of a missing adult, a law enforcement agency shall complete a missing person report and immediately enter identifying and descriptive information about the missing adult into the computerized system of the clearinghouse, provided the entering agency has signed documentation from a family member, friend, or other authoritative source, including a signed report by an investigating official when other documentation is not reasonably attainable, stating the conditions under which the person is declared missing.
(ii)Such documentation will aid in the protection of the individual's right of privacy.
(B)Missing adults shall be entered based on categories established by the Federal Bureau of Investigation and the categories may include disability, endangered, involuntary, or catastrophe victim.
(3)It shall be the duty of the initial investigating law enforcement agency to immediately cancel the computer entry when the missing child or adult is located or returned.(4)No law enforcement agency shall delay an investigation or entry of missing persons information based on an agency rule or policy which specifies an automatic waiting period.
(e)A person shall be deemed guilty of a Class A misdemeanor who knowingly makes to a law enforcement agency: (1)A false report of a missing person; or (2)A false statement in any missing person report.
(f)When the unidentified body of a deceased individual is found, the law enforcement agency receiving the report shall immediately enter identifying and descriptive information about the unidentified body into the computerized system of the clearinghouse according to standards established by the center and the Federal Bureau of Investigation.
(g)When an individual is found whose identity is unknown and cannot be readily determined, the law enforcement agency receiving the report shall immediately enter identifying and descriptive information about the individual into the computerized system of the clearinghouse according to standards established by the center and the Federal Bureau of Investigation.
(h)As used in this section,
(1)Missing adult means any person:
(A)Who is eighteen (18) or older;
(B)Whose residence is in Arkansas or is believed to be in Arkansas; ans
(C)Who has been reported to a law enforcement agency as missing under circumstances indicating that:
(i)The individual has a physical or mental disability as evidenced by written documentation;
(ii)The individual is missing under circumstances indicating that the disappearance was not voluntary;
(iii)The individual is missing under circumstances indicating that the individual's safety may be in danger; or
(iv)The individual is missing as a result of a natural or intentionally caused catastrophe;
(2)Missing child means any person:
(A)Who is under the age of eighteen (18);
(B)Whose residence is in Arkansas or is believed to be in Arkansas;
(C)Whose location is unknown or who has been taken, enticed, or kept from any person entitled by law or a court decree or order to the right of custody; and
(D)Who has been reported as missing to a law enforcement agency; and
(3)Missing person report means a report prepared on a form designated by the center for use by law enforcement agencies to record missing persons information.
(i)The Attorney General shall require each law enforcement agency to comply with the mandatory entry provisions found in subdivisions (d)(1) and (2) of this section and in subsections (f) and (g) of this section and may seek writs of mandamus or other appropriate remedies to enforce this section.
(j)Missing person entries and unidentified deceased person entries, regardless of age, shall remain in the computerized system of the clearinghouse indefinitely or until the missing person is located or returns or positive identification is obtained and the investigation is completed and closed.
(k)The clearinghouse may assist in:
(2)Providing informational resources to families of missing persons; and
(3)Constructing and distributing missing person flyers.
History.Acts 1985, No. 764, §§ 1-4; A.S.A. 1947, §§ 5-1124 5-1127; Acts 1987, No. 485, § 1; 1987, No. 486, § 1; 2001, No. 80, § 1.
http://www.arkleg.state.ar.us/Searc...205.Missing Persons Information Clearinghouse.
TITLE 12. LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS
SUBTITLE 2. LAW ENFORCEMENT AGENCIES AND PROGRAMS
CHAPTER 12. CRIME REPORTING AND INVESTIGATIONS
SUBCHAPTER 8. MISSING CHILDREN
§ 12-12-801. Report of missing child -- Notation on records
(a) When either a law enforcement officer or the Attorney General is notified by the parents, guardian, or other person having custody of a child that the child is missing, the law enforcement officer or the Attorney General shall, within five (5) business days after being so notified, inform by certified mail, return receipt requested, the Division of Vital Records of the Department of Health and the superintendent of the school where the child was attending that the child has been reported as missing.
(b) The division shall enter on or attach to the child's birth certificate a notice that the child has been reported missing. The school shall make or attach the same notation on the child's school records.
§ 12-12-802. Request for birth certificate -- Notification of law enforcement officer or Attorney General
(a) When the Division of Vital Records of the Department of Health receives a request for the birth certificate of a child who has been reported missing pursuant to this subchapter, the division shall within five (5) business days after receipt of the inquiry notify the law enforcement officer or the Attorney General, whoever initiated the report to the division, and furnish the name, address, and telephone number, if known, of the person making the inquiry.
(b) The notice to the law enforcement officer or the Attorney General shall be by certified mail, return receipt requested.
§ 12-12-803. Request for school records -- Notification of law enforcement officer or Attorney General
(a) When a school receives a request for the records of a child who has been reported missing, the school shall, within five (5) business days, excluding days when the school is closed, after receipt of the inquiry, notify the law enforcement officer or the Attorney General and furnish the name, address, and telephone number, if known, of the person making the inquiry.
(b) The notice shall be by certified mail, return receipt requested.