Discussion in 'Idaho' started by imamaze, Nov 2, 2008.
Please post here any current laws/alerts in place relating to the Missing/UID.
CRIMES AND PUNISHMENTS
18-4507. SHORT TITLE. Sections 18-4507, 18-4508, 18-4509, 18-4510 and 18-4511, Idaho Code, may be cited as the "Missing Child Reporting Act."
CRIMES AND PUNISHMENTS
18-4508. DEFINITIONS. As used in sections 18-4507, 18-4508, 18-4509, 18-4510 and 18-4511, Idaho Code:
(1) "Law enforcement agency" means any law enforcement agency of the state or any political subdivision of the state, including the Idaho state police and any municipal or county sheriff department.
(2) "Missing child" means an individual who is less than eighteen (18) years of age who is reported to any law enforcement agency as abducted or lost.
(3) "Runaway child" means an individual who is less than eighteen (18) years of age who is reported to any law enforcement agency as a runaway.
(4) "State registrar" means the employee so designated by the director of the department of health and welfare.
CRIMES AND PUNISHMENTS
18-4509. MISSING CHILD REPORTS -- LAW ENFORCEMENT AGENCIES -- DUTIES.
(1) Upon receiving a report of a missing or runaway child, a law enforcement agency shall immediately enter identifying and descriptive information about the child into the national crime information center computer. Law enforcement agencies having direct access to the national crime information center 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 system.
(2) If the local law enforcement agency has reason to believe that a missing or runaway child is enrolled in an Idaho elementary or secondary school, it shall notify that school of the report, at which time the school shall flag the missing child's record pursuant to section 18-4511, Idaho Code.
(3) The Idaho state police shall report the entries made by local law enforcement in the national crime information center to the state registrar. Upon learning of the return of a missing or runaway child, the Idaho state police shall so notify the state registrar of this state if the child was born in Idaho, or the appropriate officer in the state where the child was born, and the school informed under the provisions of subsection (2) of this section.
(4) The Idaho state police shall by rule determine the frequency, manner and form of notices and reports required by this act.
(5) Immediately after a missing or runaway child is returned, the law enforcement agency having jurisdiction over the investigation shall clear the entry from the national crime information center computer.
CRIMES AND PUNISHMENTS
18-4511. SCHOOL DUTIES -- RECORDS OF MISSING CHILD -- IDENTIFICATION UPON
ENROLLMENT -- TRANSFER OF STUDENT RECORDS. (1) Upon notification by the Idaho state police of a missing or runaway child report, the school in which the child is currently enrolled shall flag the record of that child in such a manner that whenever a copy of or information regarding the record is requested, the school shall be alerted to the fact that the record is that of a missing or runaway child. The school shall immediately report to the local law enforcement agency any request concerning flagged records or knowledge as to the whereabouts of the missing or runaway child. Upon notification by the Idaho state police of the return of the missing or runaway child, the school
shall remove the flag from the child's record.
(2) Upon enrollment of a student for the first time in a public or
private elementary or secondary school, the school shall notify in writing the person enrolling the student that within thirty (30) days he must provide either a certified copy of the student's birth certificate or other reliable proof of the student's identity and birthdate, which proof shall be accompanied by an affidavit explaining the inability to produce a copy of the birth certificate. Other reliable proof of the student's identity and birthdate may include a passport, visa or other governmental documentation of
the child's identity.
(a) Upon the failure of a person enrolling a student to comply with the provisions of this subsection, the school shall immediately notify the local law enforcement agency of such failure, and shall notify the person enrolling the student, in writing, that he has ten (10) additional days to comply.
(b) The school shall immediately report to the local law enforcement agency any documentation or affidavit received pursuant to this subsection which appears inaccurate or suspicious in form or content.
(3) Within fourteen (14) days after enrolling a transfer student, the public or private elementary or secondary school shall request directly from the student's previous school a certified copy of his record. The requesting school shall exercise due diligence in obtaining the copy of the record requested. A student transferring schools within the same school district need not provide proof of identity and birthdate if the student's record already contains such verified information. Any public or private elementary or secondary school which is requested to forward a copy of a transferred student's record to the student's new school shall comply within ten (10) days of receipt of the request, unless the record has been flagged pursuant to
subsection (1) of this section, in which case the copy shall not be forwarded and the school shall notify the local law enforcement agency of the request for a flagged record; provided however, that any private school accredited by the state board of education which has an agreement allowing retention of a student's record when such student's tuition or fees have not been paid may comply with the provisions of this subsection by notifying the student's new school that the transferred student's records are being held for nonpayment of
tuition or fees. However, such private school shall be required to notify the local law enforcement agency if the student's record has been flagged pursuant to the provisions of subsection (1) of this section, even if the student's tuition and fees have not been paid.
(4) It shall be the duty of the local law enforcement agency to
immediately investigate each report received from a school of a failure to comply with the provisions of subsection (2) or (3) of this section.
(5) Failure of a parent, or person in custody of a child, or a person enrolling a student, to comply with the documentation requirements of this section after a lawful request by a law enforcement agency, or to cooperate with a law enforcement investigation lawfully conducted pursuant to this section, shall constitute a misdemeanor.
CRIMES AND PUNISHMENTS
18-4512. MISSING PERSONS CLEARINGHOUSE. (1) The Idaho state police shall establish a missing persons clearinghouse as a resource center of information and assistance regarding missing and unidentified persons.
(2) The director of the Idaho state police shall appoint a coordinator to manage appropriate programs for addressing the problem of missing persons, which may include the following:
(a) Collecting and maintaining computerized data and investigative
information on missing and unidentified persons in Idaho;
(b) Establishing access to the national crime information center and to other sources of automated information;
(c) Distributing information to public and private nonprofit agencies that will assist in the location and recovery of missing persons;
(d) Operating a toll-free telephone hotline for accepting reports
relating to missing persons;
(e) Publishing a directory of missing persons;
(f) Compiling statistics on missing persons cases handled and resolved each year;
(g) Developing and conducting training on issues relating to missing persons;
(h) Developing and distributing educational and other information
regarding the prevention of abduction and sexual exploitation of children.
(3) The Idaho state police may accept gifts and grants from governmental agencies and private nonprofit organizations to achieve the purposes of the clearinghouse.
(4) The Idaho state police shall publish an annual report on the
activities and achievements of the clearinghouse.
(5) The Idaho state police shall determine, by rule, the type and content of information to be collected by the clearinghouse and the manner of collecting and disseminating that information.
(6) The clearinghouse coordinator, in cooperation with the office of the superintendent of public instruction, shall develop a coordinated plan for the distribution of information to teachers and students in the school districts of the state regarding missing and runaway children. The superintendent of public instruction shall encourage local school districts to cooperate by providing the Idaho state police with information on any missing and runaway children that may be identified within the district.
IDAHO AMBER ALERT ACTIVATION CHECKLIST
ALL SIX CRITERIA MUST BE MET PRIOR TO ACTIVATION OF ALERT.
1. A child is known or suspected by law enforcement officials to have been abducted;
2. The abduction occurred within 12 hours of initial activation of AMBER Alert;
3. The child is under 18 years of age;
4. Law enforcement must believe the child is in imminent danger of serious bodily harm or death;
5. There must be enough descriptive information to believe that an AMBER Alert will assist in the
recovery of the child (must include as much of the following information as possible);
6. The missing child must be entered into NCIC.
The Idaho AMBER Alert Activation Checklist is to be used by local law enforcement agencies to gather the necessary information to request activation from the local ISP Regional Communication center of an AMBER Alert. Activation requests must be on this form.
The IDAHO AMBER ALERT ACTIVATION FORM is located on the Idaho Missing Persons Clearinghouse web site. (www.isp.state.id.us Missing Persons) and can be printed off from this site.
The reporting agency will print a copy of the FORM, complete all known information, and call the ISP RCC to request an AMBER Alert (1-800-233-1212). The FORM is then faxed to the local Idaho State Police Regional Communication Center at the following fax numbers.
North 208-772-8244 Coeur dAlene
South 208-846-7520 Meridian
East 208-236-6068 Pocatello
Reporting agency & telephone number: Complete in case ISP RCC needs to contact reporting agency.
PIO telephone number for the public: This is the telephone number that will be given to the public to call in tips, sightings, etc. The investigating agency MUST supply this number and the staff to answer calls.
Abduction location and time: Where did the abduction occur? Where was child last seen?
Victim information : Reporting agency should complete as much as the descriptive information as possible. This information should be available from the victims parent or guardian.
Vehicle and abductor information: Reporting agency should complete as much as the descriptive information as possible. This information should be available from witnesses of the abduction.
For addition victims or suspect, use a second form.
Idaho has 80 missing adults at any one time, which is approximately 44% of Idaho's total missing!. Nationally, there are approximately 47,842 missing adults entered into the National Crime Information Center database. There are many more adults who may be missing, but not entered into any database. The Idaho Missing Persons Clearinghouse focuses equally on missing children as well as missing adults.
Though the National Center for Missing & Exploited Children located in Alexandria, VA is federally funded to act as the national clearinghouse for children, comparable services for missing adults have never existed.
IDAHO MISSING ADULT : CHECKLIST FOR FAMILY
⁪ Double check with other family members, work, school, and friends that the person has not shown up as planned. Ensure the person is missing, not on vacation or on some other logical, planned absence.
⁪ Are any of the missing persons personal belongings missing?
⁪ Check for a letter or note left by the missing person.
⁪ Contact the local law enforcement agency; either city or county to make a missing person report.
⁪ Have necessary personal information to give to law enforcement.
⁪ Missing persons full name
⁪ Sex Race
⁪ Hair color Eye color
⁪ Height Weight
⁪ Age Date of Birth
⁪ Date last seen
⁪ Last known location
⁪ Known Vehicle information
⁪ Provide recent photograph of the subject
⁪ Ask if the agency would like DNA, fingerprints, dental or medical records of the missing person.
⁪ Obtain the case number and request a copy of the Missing Person report from the investigating agency.
⁪ Obtain the NIC number for the NCIC entry into Missing Persons.
⁪ Request the detective or investigators name and direct telephone connection.
⁪ Notify the State Clearinghouse 1-888-777-3922
⁪ Notify the National Clearinghouse for Missing Adults 1-800-690-FIND (3463)
⁪ Create, and circulate posters of the missing person except in locations prohibited by city codes. Ask the managers or owners of convenient stores, malls, bus stops/stations, train stations, truck stops, street corners, businesses, and other high traffic areas to post a flyer of the missing person. DO NOT put your person contact information like telephone number or address on a missing person poster.
⁪ Check with local hospitals, jails and medical examiners, and give them a flyer.
⁪ Notify the investigator of any tips or leads on your missing person.
⁪ Notify the state and national clearinghouses when the missing person is located.
⁪ Contact the local news media to help broadcast information about your missing person.
⁪ Have a recent photograph to give to the media.
⁪ Have your facts straight. Write down dates and times of events to present to the media.
⁪ Always be truthful.
⁪ You do not have to answer every question that is asked. If you do not want to answer a question, simply say Id rather not comment on that at this time.
Idaho HCR 18
Authorizes the Legislative Council to appoint a committee to undertake and complete a study of human trafficking. The committee is charged with the following: data collection and findings on the nature and extent of human trafficking in Idaho; identification of available federal, state and local programs that provide services to trafficking victims; analysis and recommendations regarding the ability of existing state criminal statutes to address trafficking; and recommendations regarding the prevention of trafficking, the prosecution of offenses, and victim assistance.