Discussion in 'Maryland' started by imamaze, Nov 2, 2008.
Please post here any current laws/alerts in place relating to the Missing/UID.
SUBTITLE 4: MISSING CHILDREN
§ 9-401. Definitions.
(a) In general.- In this subtitle the following words have the meanings indicated.
(b) Law enforcement agency.- "Law enforcement agency" means a State, county, or municipal police department or agency, or a sheriff's department.
(c) Missing child.- "Missing child" means a person who is:
(1) under the age of 18 years; and
(2) the subject of a missing persons report filed with a law enforcement agency in this State and whose whereabouts are unknown.
[1985, ch. 496.]
§ 9-402. Determinations of law enforcement agency upon receipt of report.
(a) In general.- On receipt of a report regarding a missing child by a law enforcement agency, the law enforcement agency shall immediately determine if:
(1) the missing child has not been the subject of a prior missing persons report;
(2) the missing child suffers from a mental or physical handicap or illness;
(3) the disappearance of the missing child is of a suspicious or dangerous nature;
(4) the person filing the report of a missing child has reason to believe that the missing child may have been abducted;
(5) the missing child has ever previously been the subject of a child abuse report filed with the State or local law enforcement agency; or
(6) the missing child is under 14 years of age.
(b) Actions by law enforcement agency when subsection (a) conditions exist.- Upon conclusion by the law enforcement agency that any one of the conditions specified in subsection (a) of this section exists, the law enforcement agency shall immediately:
(1) enter all necessary and available information into the Maryland Interagency Law Enforcement System (MILES) and the National Crime Information Center (NCIC) computer networks;
(2) institute appropriate intensive search procedures;
(3) notify the National Missing Children Information Center and forward to the State Clearinghouse for Missing Children a copy of the missing persons report involving the missing child;
(4) notify the appropriate local department and, to the extent possible, obtain any information that may assist in the locating of the missing child; and
(5) enlist the aid of the Department of State Police, when appropriate, in locating the missing child.
(c) Actions by law enforcement agency when subsection (a) conditions do not exist.- If the conditions specified in subsection (a) of this section do not exist, the law enforcement agency shall:
(1) immediately seek to determine the circumstances surrounding the disappearance of the missing child; and
(2) implement the procedures set forth in subsection (b) of this section within 12 hours of the filing of a report regarding a missing child, if the missing child has not been located.
(d) Assistance by Department of State Police.- Notwithstanding any provision of law to the contrary, if a missing child has not been located within 24 hours of the filing of a missing persons report and either the local law enforcement agency or the Department of State Police have reason to believe that the missing child may be located in a jurisdiction other than the jurisdiction where the missing persons report was filed, the Department of State Police shall enter the investigation and, in cooperation with the appropriate local law enforcement agencies, assist State and national efforts to locate the missing child.
(e) Establishment of mandatory waiting period.-
(1) A law enforcement agency may not establish a mandatory waiting period before beginning an investigation to locate a missing child.
(2) A law enforcement agency may not adopt rules, regulations, or policies that prohibit or discourage the filing of a report or the taking of any action on a report that a child is a missing child or that a child is believed to be a missing child.
(f) Notice upon location of missing child.- Every person filing a report of a missing child shall be required to notify the local law enforcement agency and the Department of State Police immediately upon the locating of the missing child if it is unlikely that the local law enforcement agency or the Department of State Police have knowledge that the missing child has been located.
[1985, ch. 496; 1994, ch. 165, § 3; ch. 166, § 3; 1995, ch. 3, § 2; 2005, ch. 464, § 3.]
§ 9-403. Clearinghouse for Missing Children; voluntary fingerprinting programs; advisory council.
(a) Creation; responsibilities.- There is a State Clearinghouse for Missing Children operated by the Department of State Police that is responsible for:
(1) the receipt, collection, and distribution of general information and annual statistics regarding missing children; and
(2) coordination of law enforcement agencies and other interested persons or groups within and outside the State regarding information on children who have disappeared from, or are thought to be located in, Maryland.
(b) Voluntary fingerprinting programs for children.- The Secretary of State Police may develop, in cooperation with local law enforcement agencies, a plan for voluntary fingerprinting programs for children.
(c) Advisory council.-
(1) An advisory council shall be appointed having the following responsibilities:
(i) review of the activities of the State Clearinghouse;
(ii) review of the training provided for, and investigatory procedures used by, law enforcement personnel in the locating of missing children;
(iii) examine possible methods for identifying missing children prior to enrollment in a public or nonpublic school; and
(iv) explore the feasibility and effectiveness of utilizing the Federal Parent Locator Service in locating missing children.
(2) The advisory council shall consist of the following members:
(i) 1 person from the Department of Juvenile Services, to be designated by the Secretary of Juvenile Services;
(ii) 1 person from the Maryland State Department of Education, to be designated by the State Superintendent of Schools;
(iii) 1 person from the Department of State Police, to be appointed by the Secretary of State Police;
(iv) the Special Secretary of the Office for Children, Youth, and Families, who shall serve as chairman of the advisory council;
(v) the President of the Governor's Youth Advisory Council or a designee of the President from the Council;
(vi) 1 member from the State Sheriff's Association, to be designated by the President of the Association;
(vii) 1 member from the State Chiefs of Police Association, to be designated by the President of the Association; and
(viii) 2 members from the public at-large, to be appointed by the Governor.
(d) Term of council members.-
(1) The term of council members from the public shall be 2 years.
(2) At the end of a term, a council member from the public shall continue to serve until a successor is appointed.
(3) Council members from the public may serve successive terms.
[1985, ch. 496; 1987, ch. 290, § 1; 1989, ch. 539, § 7; 1994, ch. 165, § 3; ch. 166, § 3; 1995, ch. 3, § 2; ch. 8, § 4; 2003, ch. 53, § 6; 2004, ch. 25, §§ 1, 6.]
Subtitle 6. Missing Persons
§ 3-601. Procedure for taking missing person reports.
(a) Mandatory waiting period prohibited.-
(1) A law enforcement agency may not establish a mandatory waiting period before taking a missing person report.
(2) A law enforcement agency shall make every effort to inform the general public and the family of a missing person that the agency does not impose a mandatory waiting period before taking a missing person report.
(b) Acceptance of reports made in person; taking electronic reports.- In accordance with subsection (a) of this section, a law enforcement agency:
(1) shall accept without delay a report of a missing person provided in person; and
(2) may accept a report of a missing person by phone or other electronic means if:
(i) that form of reporting is consistent with the policy of the law enforcement agency; and
(ii) the reporting person completes the report in person as soon as possible.
[2006, ch. 485.]
§ 3-602. Uniform report form.
On or before October 1, 2008, all law enforcement agencies in the State shall begin using a uniform report form developed by the Police Training Commission in accordance with § 3-207 of this title when taking a missing person report.
[2006, ch. 485.]
§ 3-603. Unidentified human remains.
(a) Filing DNA samples and photographs.- The Office of the Chief Medical Examiner shall maintain files of DNA samples and photographs of unidentified human remains.
(b) Cremation subject to Health - General Article.- The cremation of human remains is subject to the provisions of § 5-502 of the Health - General Article.
[2006, ch. 485.]
MARYLAND AMBER ALERT PLAN
Maryland AMBER Plan Criteria
The following criteria are utilized to determine if an Amber Alert should be issued for the state of Maryland:
1. Law enforcement confirms a child has been abducted.
2. The child is under the age of 18.
3. Law enforcement believes the circumstances surrounding the abduction indicate that the child is in danger of serious bodily harm or death.
4. There is enough descriptive information about the child, abductor, and/or suspect's vehicle to believe an immediate broadcast alert will help.
5. The child is believed to still be in the broadcast area.
6. The childs name and other critical elements have been entered into NCIC by police.
ONLY A LAW ENFORCEMENT AGENCY CAN REQUEST AN ACTIVATION OF THE AMBER ALERT SYSTEM THROUGH THE MARYLAND STATE POLICE.
How the Amber Plan Works
The local law enforcement agency verifies that a child has been abducted and is in danger of serious bodily harm.
The reporting law enforcement agency contacts the Maryland State Police Headquarters Duty Officer (410) 386-3101 and requests an AMBER Alert Activation.
A Maryland State Police Child Recovery Unit calls the requesting agency and obtains the necessary information.
The AMBER Alert information is sent via the Emergency Alert System to broadcasters, the State Highway Administration and Maryland Law Enforcement Agencies.
The broadcasters, the State Highway Administration and various other private and public entities broadcast the information to the general public. The State Highway administration will immediately post AMBER Alerts utilizing variable message signs. The signs typically used to disseminate traffic information to drivers, now alert the public of abducted children, displaying pertinent information about the child, abductor or suspected vehicle that drivers might look for on highways.
When an AMBER Alert is issued the general public is asked to check their surroundings and if the vehicle, abductor and/or child is seen, to contact the telephone number given in the alert or your local law enforcement agency with the sighting information.
This would be an appropriate time to use the 911 emergency number.
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 missing children younger than the age of 21 into the FBI's NCIC database; Amerinformation about mca'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.
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