DE Laws/Alerts in Place

[imamaze]

Please post here any current laws/alerts in place relating to the Missing/UID.

 

[capoly]

TITLE 11
Crimes and Criminal Procedure
Law-Enforcement Administration
CHAPTER 85. STATE BUREAU OF IDENTIFICATION
Subchapter II. Missing Persons


§ 8531. Definitions.

The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) "Complaint" shall mean any report, notification or information given to a law-enforcement officer that a person is missing or cannot, with reasonable care, be located;
(2) "Missing person" shall mean a person who is missing, and who also meets 1 of the following characteristics:
a. Such person is physically or mentally disabled;
b. Such person was, or is, in the company of another person under circumstances indicating that the missing person's safety may be in danger;
c. Such person is missing under circumstances indicating that the disappearance was not voluntary;
d. Such person is an unemancipated minor.
(3) "Unemancipated minor" shall mean a minor who has not married, and who resides with a parent or other legal guardian. (65 Del. Laws, c. 48, § 2.)

§ 8532. Original complaint.
A missing person complaint may be made to any county, town, city or state law-enforcement agency or any other appropriate state agency. Such complaint shall state the age of the missing person. When an agency has received a missing person complaint, such agency shall immediately disseminate all known facts concerning the missing person to all county and state law-enforcement agencies, and to any other law-enforcement agency which may be appropriate. A new missing person complaint shall have high priority. (65 Del. Laws, c. 48, § 2.)

§ 8533. Law-enforcement reports.
The law-enforcement agency which has primary jurisdiction in the area from which a missing person complaint has been filed shall prepare, as soon as practicable, a report on the missing person. Such report shall include, but is not limited to, the following:
(1) All information contained in the original complaint;
(2) All information or evidence gathered by the preliminary investigation, if one was made;
(3) A statement, by the law-enforcement officer in charge, setting forth that officer's assessment of the case, based upon all evidence and information received;
(4) Any additional, supplemental or unusual information which the agency feels may be of importance in locating the missing person. (65 Del. Laws, c. 48, § 2.)

§ 8534. Dissemination of missing person report.
Upon completion of the missing person report, the law-enforcement agency shall send a copy of the report to:
(1) Each law-enforcement officer having jurisdiction over the location in which the missing person lives, or was last seen;
(2) Each state agency which the reporting law-enforcement agency considers to be potentially involved, and each private agency known to the law-enforcement agency which has, as a part of its functions, the searching for or location of missing persons;
(3) Each state agency to which the nearest relative to the missing person, or the complaint if no relative is located, requests that the report be sent; provided, however, that the forwarding of any report under this section shall be at the discretion of the law-enforcement agency;
(4) Each law-enforcement agency which requests a copy of the missing person report. (65 Del. Laws, c. 48, § 2.)

§ 8535. Unemancipated minors.
(a) If a report of a missing person involves an unemancipated minor, the law-enforcement agency shall immediately transmit all proper information for inclusion into the National Crime Information Center (N.C.I.C.) computer.
(b) If a report of a missing person involves an unemancipated minor, the law-enforcement agency shall not prevent an immediate active investigation on the basis of any agency rule which specifies an automatic time limitation for a missing person investigation. (65 Del. Laws, c. 48, § 2.)

§ 8536. Dental records.
Each law-enforcement agency shall be provided with dental authorization forms, promulgated by the Attorney General, which when signed by a parent or guardian of a minor shall permit release of dental records to law-enforcement authorities. Where the missing person complaint indicates that the missing person is under 18 years of age, a properly executed dental authorization shall be taken to the family dentist and any other dentist who has records which would assist in identification of the missing person. Such dental identification shall be disseminated to the Medical Examiner and all other appropriate state agencies. (65 Del. Laws, c. 48, § 2.)

§ 8537. Unidentified deceased persons -- Duties of law-enforcement agency.
It shall be the duty of every law-enforcement agency to:
(1) Acquire, collect, classify and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual;
(2) Acquire, collect, classify and preserve immediately any information which would assist in the location of any missing person, including any minor, and provide confirmation as to any entry to the parent, legal guardian or next of kin of such person; and the agency shall acquire, collect, classify and preserve such information as it deems necessary from each such parent, guardian or next of kin; and
(3) Exchange such records and information as are provided for in this section with other law-enforcement agencies of this State, of any other state, or of the United States. With respect to missing minors, such information shall be transmitted immediately to other law-enforcement agencies. (65 Del. Laws, c. 48, § 2.)

§ 8538. Unidentified deceased persons -- Fingerprints.
The Medical Examiner shall promptly furnish the Department of Safety and Homeland Security with copies of the fingerprints of each unidentified deceased person. The copies of such fingerprints shall be on standardized cards, and shall be accompanied by descriptions and other identifying data, including any available information concerning the date and place of death. In any instance where it is not physically possible to furnish prints of all 10 fingers, the prints or partial prints of any fingers, together with identifying data, shall be forwarded by the Medical Examiner to the Department. (65 Del. Laws, c. 48, § 2; 74 Del. Laws, c. 110, § 138.)

NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts effective as of January 1, 2009, up to and including 76 Del. Laws, c. 422.

http://delcode.delaware.gov/title11/c085/sc02/index.shtml#TopOfPage

 

[capoly]

TITLE 11
Crimes and Criminal Procedure
Law-Enforcement Administration
CHAPTER 85. STATE BUREAU OF IDENTIFICATION
Subchapter III. Missing Children Information Clearinghouse

§ 8541. Established.
The Missing Children Information Clearinghouse, hereinafter referred to as "Clearinghouse," is created within the State Bureau of Identification. The Clearinghouse is established as a central repository of information regarding missing children. Such information shall be collected and disseminated to assist in the location of missing children. The Director of the State Bureau of Identification shall establish services deemed appropriate by the Superintendent of State Police to aid in the location of missing children. (64 Del. Laws, c. 388, § 1; 65 Del. Laws, c. 48, § 1.)

§ 8542. Definitions.
As used in this subchapter:
(1) "Missing child" means any person who is under the age of 18 years, whose temporary or permanent residence is in Delaware, or is believed to be in Delaware, whose location has not been determined, and who has been reported as missing to a law-enforcement agency.
(2) "Missing child report" is a report prepared on a form designed by the Clearinghouse for use by private citizens and law-enforcement agencies to report missing children information to the Clearinghouse. (64 Del. Laws, c. 388, § 1; 65 Del. Laws, c. 48, § 1.)

§ 8543. Duties.
The Clearinghouse shall:
(1) Provide a form of missing child report for use by private citizens and law-enforcement agencies;
(2) Establish a system of interstate communication of information relating to children determined to be missing by the parent, guardian or legal custodian of the child, or by a law-enforcement agency;
(3) Provide a centralized file for the exchange of information of missing children within the State;
(4) Interface with the National Crime Information Center for the exchange of information on a missing child suspected of interstate travel;
(5) Collect, process, maintain and disseminate information on missing children and strive to maintain or disseminate only accurate and complete information. (64 Del. Laws, c. 388, § 1; 65 Del. Laws, c. 48, § 1.)

§ 8544. Filing missing child reports; notification upon location; purging information; return of fingerprints.
(a) Every sheriff, constable, chief police officer, officer in charge, member of the State Police and other law-enforcement agency and officer of the State and of any local governmental unit shall immediately accept and act upon information on any missing child by police radio broadcasts and by causing missing child entries into DELJIS and NCIC and shall transmit information to the Clearinghouse, so far as available, on a missing child report concerning a missing child within 24 hours after receipt thereof. The investigating law-enforcement agency shall also notify the Delaware Information Analysis Center (DIAC) who shall assist the investigating law-enforcement agency in regard to the search and location of the missing child.
(b) Any parent, guardian or legal custodian may submit a missing child report to a local law-enforcement agency having jurisdiction for investigation and referral of the missing child report to the Clearinghouse on any child whose whereabouts is unknown, regardless of the circumstances, which shall be included in the Clearinghouse data base.
(c) The parent, guardian or legal custodian responsible for notifying the Clearinghouse or a law-enforcement agency of a missing child shall immediately notify such agency or the Clearinghouse of any child whose location has been determined.
(d) Information received pursuant to this section shall be purged by the appropriate law-enforcement agency and the Clearinghouse immediately upon location of a missing child who has been included in the Clearinghouse database. Any fingerprints of a missing child provided to a law-enforcement agency or the Clearinghouse by a parent, guardian or legal custodian shall be returned to the person providing them upon location of a missing child.
(e) The Delaware State Police shall adopt rules and regulations for the utilization of the DIAC to assist investigative law-enforcement agencies during their investigation as a resource for the receipt, analysis and dissemination of information to those entities that have a need and right to know about the missing child. (64 Del. Laws, c. 388, § 1; 65 Del. Laws, c. 48, § 1; 76 Del. Laws, c. 385, §§ 1, 2.)


NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts effective as of January 1, 2009, up to and including 76 Del. Laws, c. 422.

http://delcode.delaware.gov/title11/c085/sc03/index.shtml#TopOfPage

 

[capoly]

TITLE 11
Crimes and Criminal Procedure
Law-Enforcement Administration
CHAPTER 85. STATE BUREAU OF IDENTIFICATION
Subchapter VII. Gold Alert Program for Certain Missing Persons

§ 8580. Definitions.
The following words, terms, and phrases when used in this subchapter have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) "ACIM Alert Program" or "ACIM" means "A Child is Missing Alert Program". The ACIM Alert Program is a national rapid-response communication network that offers free assistance to law-enforcement agencies to aid in the recovery, identity, or apprehension of missing persons through the use of immediate public notification and dissemination of information via telephone in a targeted community.
(2) "Gold Alert Program" or "Program" means the procedures used to aid in the identification and location of a missing person as defined under paragraphs (4), (5), and (6) of this section. Gold Alerts may be local, regional, or statewide. The initial decision to issue a local Gold Alert is at the discretion of the investigating law-enforcement agency.
(3) "Investigating law-enforcement agency" means the law-enforcement agency which has primary jurisdiction in the area in which a missing person complaint has been filed.
(4) "Missing person with a disability" means a person:
a. Whose whereabouts are unknown;
b. Whose domicile at the time that the person is reported missing is Delaware;
c. Who has a disability; and,
d. Whose disappearance poses a credible threat to the health or safety of the person, as determined by the investigating law-enforcement agency.
(5) "Missing senior citizen" means a person:
a. Whose whereabouts are unknown;
b. Whose domicile at the time that the person is reported is missing is Delaware;
c. Whose age at the time that the person is first reported missing is 60 years of age or older; and
d. Whose disappearance poses a credible threat to the health or safety of the person, as determined by the investigating law-enforcement agency.
(6) "Missing suicidal person" means a person:
a. Whose whereabouts are unknown;
b. Whose domicile at the time that the person is reported missing is Delaware;
c. Whose disappearance is voluntary; and
d. Whose statements, actions, or conduct indicate that the missing person may voluntarily cause or inflict harm on himself or herself, and whose disappearance poses a credible threat to the health or safety of the person, as determined by the investigating law-enforcement agency. (76 Del. Laws, c. 379, § 1; 70 Del. Laws, c. 186, § 1.)

§ 8581. Establishment of the Delaware Gold Alert Program.
(a) Each investigating law-enforcement agency shall implement an alert program, consistent with the ACIM Alert Program, for missing senior citizens, missing suicidal persons, and missing persons with disabilities, and may promulgate necessary rules and regulations for the program. The rules and regulations shall include the following:
(1) Procedures for the use of the Delaware Information Analysis Center (DIAC) to provide support to the investigating law-enforcement agency as a resource for the receipt, analysis, and dissemination of information regarding the missing person and the missing person's whereabouts;
(2) Procedures for the investigating law-enforcement agency to use to verify whether a senior citizen, a suicidal person, or a person with a disability is missing and the circumstances under which the agency must enter descriptive information of the missing person into the Delaware Criminal Justice Information System (DELJIS) and the National Crime Information Center (NCIC) system. The investigating law-enforcement agency shall further notify the Delaware Information Analysis Center (DIAC), who shall make all the necessary notifications and assist the investigating law-enforcement agency; and
(3) The process for reporting the information to designated media outlets in Delaware.
(b) The Delaware State Police shall adopt rules and regulations for the use of the DIAC to assist investigating law-enforcement agencies during their investigations as a resource for the receipt, analysis, and dissemination of information to those agencies that have a need and right to know about the missing person. (76 Del. Laws, c. 379, § 1; 70 Del. Laws, c. 186, § 1.)

§ 8582. Activation of the Gold Alert Program.
(a) When a law-enforcement agency receives notice that a senior citizen, a suicidal person, or a person with a disability is missing, the agency shall solicit information from the missing person's family or legal guardian to provide information regarding the missing person's physical or mental condition, or both. When the investigating law-enforcement agency verifies that the person is missing, the investigating law-enforcement agency shall enter the descriptive information of the missing person into the Delaware Criminal Justice Information System (DELJIS) and the National Crime Information Center (NCIC) system. The investigating law-enforcement agency shall further notify the Delaware Information Analysis Center (DIAC), who shall make all the necessary notifications and assist the investigating law-enforcement agency.
(b) When an investigating law-enforcement agency has verified that a senior citizen, a suicidal person, or a person with a disability is missing, the investigating law-enforcement agency shall send an alert to designated media outlets in Delaware. The alert must include all appropriate information that may assist in the safe return of the missing senior citizen, suicidal person, or person with a disability, along with a statement instructing anyone with information relating to the missing person to contact the investigating law-enforcement agency or a law-enforcement agency within their jurisdiction. (76 Del. Laws, c. 379, § 1.)

§ 8583. Cancellation of a Gold Alert.
(a) The investigating law-enforcement agency shall notify the designated media outlets when a Gold Alert has been cancelled.
(b) A law-enforcement agency that locates a missing person who is the subject of a Gold Alert shall notify DELJIS, NCIC, and the DIAC as soon as possible that the missing person has been located. (76 Del. Laws, c. 379, § 1.)


NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts effective as of January 1, 2009, up to and including 76 Del. Laws, c. 422.
http://delcode.delaware.gov/title11/c085/sc07/index.shtml#TopOfPage

 

[capoly]

Delaware’s Amber Alert Plan

Administrating Agency: Delaware State Police

Scope of Amber Alert: Statewide

Utilizes Emergency Alert System: Delaware Emergency Management Agency
(DEMA).

Local law enforcement agencies will contact state police in case of a child abduction. The State Police would then decide if the abduction met the criteria to activate an AMBER alert. Those criteria are:
• Confirmation by law enforcement that a child under age 17 has been abducted;
• Belief by law enforcement that the circumstances surrounding the abduction indicate the child is in danger of serious bodily harm or death; and,
• Enough descriptive information about the child, abductor and/or suspect’s vehicle to believe an immediate broadcast alert will help.

 

[capoly]

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 *advertiser censored*; 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.