Discussion in 'Minnesota' started by imamaze, Nov 2, 2008.
Please post here any current laws/alerts in place relating to the Missing/UID.
Minnesota Missing Statutes
Sections 299C.51 to 299C.53 may be cited as the "Minnesota Missing Children's Act."
1984 c 510 s 1
299C.52 MINNESOTA MISSING CHILD PROGRAM.
As used in sections 299C.52 to 299C.56, the following terms have the meanings given them:
(a) "Child" means any person under the age of 18 years or any person certified or known to be mentally incompetent.
(b) "CJIS" means Minnesota criminal justice information system.
(c) "Missing" means the status of a child after a law enforcement agency that has received a report of a missing child has conducted a preliminary investigation and determined that the child cannot be located.
(d) "NCIC" means National Crime Information Center.
(e) "Endangered" means that a law enforcement official has received sufficient evidence that the child is with a person who presents a threat of immediate physical injury to the child or physical or sexual abuse of the child.
The commissioner of public safety shall maintain a Minnesota missing child program within the department to enable documented information about missing Minnesota children to be entered into the NCIC computer.
Subd. 3.Computer equipment and programs.
The commissioner shall provide the necessary computer hardware and computer programs to enter, modify, and cancel information on missing children in the NCIC computer through the CJIS. These programs must provide for search and retrieval of information using the following identifiers: physical description, name and date of birth, name and Social Security number, name and driver's license number, vehicle license number, and vehicle identification number. The commissioner shall also provide a system for regional, statewide, multistate, and nationwide broadcasts of information on missing children. These broadcasts shall be made by local law enforcement agencies where possible or, in the case of statewide or nationwide broadcasts, by the Bureau of Criminal Apprehension upon request of the local law enforcement agency.
Subd. 4.Authority to enter or retrieve information.
Only law enforcement agencies may enter missing child information through the CJIS into the NCIC computer or retrieve information through the CJIS from the NCIC computer.
Subd. 5.Statistical data.
The commissioner shall annually compile and make available statistical information on the number of missing children entered into the NCIC computer and, if available, information on the number located.
The commissioner may adopt rules in conformance with sections 299C.52 to 299C.56 to provide for the orderly collection and entry of missing child information and requests for retrieval of missing child information.
1984 c 510 s 2; 1991 c 285 s 4-6; 1994 c 636 art 4 s 24
299C.53 MISSING CHILD REPORT; DUTIES OF COMMISSIONER AND LAW ENFORCEMENT AGENCIES.
Subdivision 1.Investigation and entry of information.
Upon receiving a report of a child believed to be missing, a law enforcement agency shall conduct a preliminary investigation to determine whether the child is missing. If the child is initially determined to be missing and endangered, the agency shall immediately consult the Bureau of Criminal Apprehension during the preliminary investigation, in recognition of the fact that the first two hours are critical. If the child is determined to be missing, the agency shall immediately enter identifying and descriptive information about the child through the CJIS into the NCIC computer. Law enforcement agencies having direct access to the CJIS and the NCIC 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 systems.
Subd. 2.Location of missing child. Immediately after a missing child is located, the law enforcement agency which located or returned the missing child shall notify the law enforcement agency having jurisdiction over the investigation, and that agency shall cancel the entry from the NCIC computer.
Subd. 3.Missing and endangered children. If the Bureau of Criminal Apprehension receives a report from a law enforcement agency indicating that a child is missing and endangered, the superintendent may assist the law enforcement agency in conducting the preliminary investigation, offer resources, and assist the agency in helping implement the investigation policy with particular attention to the need for immediate action.
History:1984 c 510 s 3; 1994 c 636 art 4 s 25,26
299C.54 MISSING CHILDREN BULLETIN.
The commissioner shall distribute a missing children bulletin on a quarterly basis to local law enforcement agencies, county attorneys, and public and nonpublic schools. The commissioner shall also make this information accessible to other parties involved in efforts to locate missing children and to other persons as the commissioner considers appropriate.
The commissioner shall provide appropriate local law enforcement agencies with a list of missing children, with an appropriate waiver form to assist the agency in obtaining a photograph of each missing child. Local agencies shall obtain the most recent photograph available for missing children and forward those photographs to the commissioner. The commissioner shall include these photographs, as they become available, in the quarterly bulletins.
Subd. 3.Included with mailing.
State and local elected officials and agencies may enclose in their mailings information regarding missing children obtained from law enforcement agencies or from any organization that is recognized as a nonprofit, tax-exempt organization under state or federal law and has an ongoing missing children program. Elected officials and commissioners of state agencies are urged to develop policies to enclose missing children information in mailings when it will not increase postage costs and is otherwise considered appropriate.
Subd. 3a.Collection of data.
Identifying information on missing children entered into the NCIC computer regarding cases that are still active at the time the missing children bulletin is compiled each quarter may be included in the bulletin.
Subd. 4.Data classification.
The information included in the missing children bulletin is public data as defined in section 13.01, subdivision 15.
History: 1991 c 285 s 7; 1993 c 326 art 10 s 9
299C.56 RELEASE OF MEDICAL DATA.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Health care facility" means the office of a dentist or physician, or another medical facility, that is in possession of identifying data.
(c) "Identifying data" means dental or skeletal X-rays, or both, and related information, previously created in the course of providing dental or medical care to a child who has now been reported as missing.
Subd. 2.Written declaration.
If a child is reported missing, a law enforcement agency may execute a written declaration, stating that an active investigation seeking the location of the missing child is being conducted, and that the identifying data are necessary for the exclusive purpose of furthering the investigation. Notwithstanding chapter 13 or section 144.651, subdivision 16, when a written declaration executed under this subdivision, signed by a peace officer, is presented to a health care facility, the facility shall provide access to the missing child's identifying data to the law enforcement agency.
1991 c 285 s 9
299C.565 MISSING PERSON REPORT.
The local law enforcement agency having jurisdiction over the location where a person has been missing or was last seen has the responsibility to take a missing person report from an interested party. If this location cannot be clearly and easily established, the local law enforcement agency having jurisdiction over the last verified location where the missing person last resided has the responsibility to take the report.
2006 c 260 art 3 s 16
387.03 POWERS, DUTIES.
The sheriff shall keep and preserve the peace of the county, for which purpose the sheriff may require the aid of such persons or power of the county as the sheriff deems necessary. The sheriff shall also pursue and apprehend all felons, execute all processes, writs, precepts, and orders issued or made by lawful authority and to the sheriff delivered, attend upon the terms of the district court, and perform all of the duties pertaining to the office, including investigating recreational vehicle accidents involving personal injury or death that occur outside the boundaries of a municipality, searching and dragging for drowned bodies, and searching and looking for lost persons. When authorized by the board of county commissioners of the county the sheriff may purchase boats and other equipment including the hiring of airplanes for search purposes.
(907) RL s 549; 1943 c 330 s 1; 1951 c 302 s 1; 1986 c 444; 1993 c 184 s 7
626.8454 MANUAL AND POLICY FOR INVESTIGATING CASES INVOLVING CHILDREN WHO ARE MISSING AND ENDANGERED.
By July 1, 1994, the superintendent of the Bureau of Criminal Apprehension shall transmit to law enforcement agencies a training and procedures manual on child abduction investigations.
Subd. 2.Model investigation policy.
By June 1, 1995, the Peace Officer Standards and Training Board shall develop a model investigation policy for cases involving children who are missing and endangered as defined in section 299C.52. The model policy shall describe the procedures for the handling of cases involving children who are missing and endangered. In developing the policy, the board shall consult with representatives of the Bureau of Criminal Apprehension, Minnesota Police Chiefs Association, Minnesota Sheriff's Association, Minnesota Police and Peace Officers Association, Minnesota Association of Women Police, Minnesota County Attorneys Association, a nonprofit foundation formed to combat child abuse, and two representatives of victims advocacy groups selected by the commissioner of corrections. The manual on child abduction investigation shall serve as a basis for defining the specific actions to be taken during the early investigation.
Subd. 3.Local policy.
By August 1, 1995, each chief of police and sheriff shall establish and implement a written policy governing the investigation of cases involving children who are missing and endangered as defined in section 299C.52. The policy shall be based on the model policy developed under subdivision 2. The policy shall include specific actions to be taken during the initial two-hour period.
1994 c 636 art 4 s 32
123B.08 FLAG SCHOOL RECORDS OF MISSING CHILDREN.
Subdivision 1.Flag record upon certain notification.
A district must flag the record of a pupil who is currently or was previously enrolled in the district if a law enforcement agency notifies the district of the pupil's disappearance. The flag must be made so that, if a copy of or information regarding the pupil's record is requested, the district is aware that the record is that of a missing pupil.
Subd. 2.District notification when records are requested.
When the district provides a copy of the pupil's record or other information concerning the pupil whose record is flagged, the district must notify the law enforcement agency that notified the district of the pupil's disappearance of every inquiry concerning the record. The district must also provide a copy to the law enforcement agency of a written request for information concerning the record.
Subd. 3.Records upon school district transfer.
When a pupil transfers from one district to another, the receiving district shall attempt to obtain, within 30 days of the pupil's enrollment, the pupil's record from the district from which the pupil has transferred. If the pupil's parent, custodian, or guardian provides a copy of the pupil's record from the district from which the pupil has transferred, the receiving district must request, within 30 days of the pupil's enrollment, written verification of the pupil's record by contacting the district named on the transferring pupil's record. Information received by a district indicating that the transferring pupil is a missing child must be reported by the district to the department of public safety.
Subd. 4.Data disclosure.
Data in this section may be disclosed according to section 13.32, subdivision 3, clause (d).
1991 c 187 s 1; 1998 c 397 art 6 s 111-113,124
253B.141 AUTHORITY TO DETAIN AND TRANSPORT A MISSING PATIENT.
Subdivision 1.Report of absence.
(a) If a patient committed under this chapter or detained under a judicial hold is absent without authorization, and either: (1) does not return voluntarily within 72 hours of the time the unauthorized absence began; or (2) is considered by the head of the treatment facility to be a danger to self or others, then the head of the treatment facility shall report the absence to the local law enforcement agency. The head of the treatment facility shall also notify the committing court that the patient is absent and that the absence has been reported to the local law enforcement agency. The committing court may issue an order directing the law enforcement agency to transport the patient to an appropriate facility.
(b) Upon receiving a report that a patient subject to this section is absent without authorization, the local law enforcement agency shall enter information on the patient through the criminal justice information system into the missing persons file of the National Crime Information Center computer according to the missing persons practices.
Subd. 2.Apprehension; return to facility.
(a) Upon receiving the report of absence from the head of the treatment facility or the committing court, a patient may be apprehended and held by a peace officer in any jurisdiction pending return to the facility from which the patient is absent without authorization. A patient may also be returned to any facility operated by the commissioner. A person who is mentally ill and dangerous, a sexual psychopathic personality patient, or a sexually dangerous person committed under section 253B.18 and detained under this subdivision may be held in a jail or lockup only if:
(1) there is no other feasible place of detention for the patient;
(2) the detention is for less than 24 hours; and
(3) there are protections in place, including segregation of the patient, to ensure the safety of the patient.
(b) If a patient is detained under this subdivision, the head of the treatment facility from which the patient is absent shall arrange to pick up the patient within 24 hours of the time detention was begun and shall be responsible for securing transportation for the patient to the facility. The expense of detaining and transporting a patient shall be the responsibility of the treatment facility from which the patient is absent. The expense of detaining and transporting a patient to a treatment facility operated by the Department of Human Services shall be paid by the commissioner unless paid by the patient or persons on behalf of the patient.
Subd. 3.Notice of apprehension.
Immediately after an absent patient is located, the head of the treatment facility from which the patient is absent, or the law enforcement agency that located or returned the absent patient, shall notify the law enforcement agency that first received the absent patient report under this section and that agency shall cancel the missing persons entry from the National Crime Information Center computer.
1997 c 217 art 1 s 73; 1998 c 313 s 13; 2002 c 221 s 25
MINNESOTA CRIME ALERT NETWORK
Minnesota Amber Plan:
1. The Amber Plan requires law enforcement to meet two criteria when evaluating a non-family child abduction. Police departments must have both parts of the scenario present before an activation can occur. The guidelines are as follows:
The Amber Plan should be activated when a child 17 years of age or younger is abducted and there is reason to believe the victim is in imminent danger of serious bodily injury or death.
There is information available to disseminate to the general public, which could assist with the safe recovery of the victim and/or the apprehension of the suspect.
2. The Amber Plan is activated by a law enforcement agency only when the specific requirements of the plan are met as outlined above; therefore, the Amber Plan is not activated for every child abduction. In cases where the Amber Plan criteria is not met, the MN Crime Alert Network may be activated to notify the public and request information on the case. When the requirements are met and the decision to activate an alert has been made, the law enforcement agency contacts the Bureau of Criminal Apprehension (BCA) at 1-800-832-6446 to request activation of the Amber Plan. The BCA activates the MN Crime Alert Network (MCAN) and then works in conjunction with the Duty Officer from the Division of Emergency Management to activate the alert over the State Emergency Alert System (EAS).
3. The BCA activates the Amber Alert system through MCAN and contacts the duty officer. The duty officer then activates the EAS. By activating the EAS, information will immediately be delivered to all participating radio and television stations in Minnesota. The Amber Alert is sent only once via the two mediums to all participating stations. The participating stations should then announce the information every 15 minutes for the first two hours, then every half and hour for the next three hours. If the child is recovered during the activation period of the alert, the reporting agency must notify BCA. The individual radio and television stations may follow-up with BCA regarding any questions they have regarding the information.
4. A review committee comprised of people from the Bureau of Criminal Apprehension, Department of Public Safety, Division of Emergency Management, MN Broadcasters Association and the Jacob Wetterling Foundation, will meet to review each Amber Plan Alert and make recommendations for any necessary changes to the program.
By broadcasting frequent public alerts, descriptions and other vital information in the crucial first hours after a child abduction, we can enlist citizens in an effort to recover the child unharmed.
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.
Minnesota HF 1/SF 609/Chapter 136 of 2005 (Omnibus Crime Bill)
Requires the Department of Public Safety to research and develop a plan to address human trafficking and assist victims of the crime.
Omnibus Public Safety Policy Bill Chapter 260 2006
Missing person report. Requires the local law enforcement agency in the location where a missing person was last seen to take a missing person report from an interested party. If the location where the person was last seen cannot be determined, the law enforcement agency where the missing person last resided must take the report.
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