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New Mexico Missing Person’s Clearinghouse (NMMPCH)

New Mexico Missing Person’s Clearinghouse (NMMPCH). NMDPS Accreditation Number: NM10181U. Training on Policy and Procedure. Missing Persons, Missing Child Reporting Endangered Person Advisory Amber Alert . Statutory Authority Missing Persons Information. 29-15-1 Short title.

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New Mexico Missing Person’s Clearinghouse (NMMPCH)

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  1. New Mexico Missing Person’s Clearinghouse (NMMPCH) NMDPS Accreditation Number: NM10181U

  2. Training on Policy and Procedure • Missing Persons, Missing Child Reporting • Endangered Person Advisory • Amber Alert

  3. Statutory AuthorityMissing Persons Information • 29-15-1 Short title. • 29-15-2 Definitions. • 29-15-3 Missing Persons Information Clearinghouse; function.

  4. Statutory AuthorityMissing Persons Information • 29-15-4 Public Education Department; cooperation with clearinghouse. • 29-15-5 Custodian of immediate family member request for information. • 29-15-6 Missing Person Report Forms.

  5. Statutory AuthorityMissing Persons Information • 29-15-7 Law Enforcement requirements; missing person reports; unidentified bodies. • 29-15-8 Release of dental records; immunity. • 29-15-9 Cross-checking and matching.

  6. Statutory AuthorityMissing Persons Information • 29-15-10 Interagency cooperation. • 29-15-11 Confidentiality of records • 29-15-12 Attorney general to require compliance

  7. 29-15-2. Definitions A.     "child" means an individual under the age of eighteen years who is not emancipated;    B.   "custodian" means a parent, guardian or other person who exercises legal physical control, care or custody of a child; C.    "immediate family member" means the spouse or nearest relative of a person; 

  8. 29-15-2. Definitions • E.     "missing person" means a person whose whereabouts are unknown to the person's custodian or immediate family member and the circumstances of whose absence indicate that:  • (1)     the person did not leave the care and control of the custodian or immediate family member voluntarily and the taking of the person was not authorized by law; or    • (2)     the person voluntarily left the care and control of his custodian without the custodian's consent and without intent to return;   

  9. 29-15-2. Definitions • F.     "missing person report" means information that is:  •    (1)     given to a law enforcement agency on a form used for sending information to the national crime information center; and   •   (2)     about a person whose whereabouts are unknown to the reporter and who is alleged in the form submitted by the reporter to be missing;  

  10. 29-15-2. Definitions • G.     "person" means an individual, regardless of his age  • I.     "reporter" means the person who reports a missing person

  11. Major Functions of NMMPCH • Serve as the liaison between all Criminal Justice agencies, families and civilian resources • Regulate the reporting Law Enforcement agencies • Assist in investigative leads and hotline tips

  12. Functions of NMMPCH • provide a statewide toll-free telephone line for the reporting of missing persons and for receiving information on missing persons; 800-457-3463 • provide training and technical assistance to law enforcement agencies and social services agencies pertaining to missing persons    • establish a media protocol for disseminating information pertaining to missing persons.   

  13. Functions of NMMPCH • The clearinghouse shall print and distribute posters, flyers and other forms of information containing descriptions of missing persons • The department of public safety may accept public or private grants, gifts and donations to assist the department in carrying out the provisions of the Missing Persons Information Act [29-15-1 NMSA 1978].   

  14. Missing Person Report Forms • The clearinghouse shall distribute missing person report forms to law enforcement agencies in the state • A missing person report may be made to a law enforcement agency in person or by telephone or other indirect method of communication and the person taking the report may enter the information on the form for the reporter.  A missing person report form may be completed by the reporter and delivered to a law enforcement officer • A copy of the missing person report form shall be filed with the clearinghouse

  15. Law Enforcement Requirements; Missing person reports; unidentified bodies •  A law enforcement agency, upon receiving a missing person report, shall:  • immediately start an appropriate investigation to determine the present location of the person • provide to the clearinghouse all information the law enforcement agency has relating to an investigation regarding or the location or identification of a missing person; and   

  16. Law Enforcement Requirements; Missing person reports; unidentified bodies •  Immediately enter the name of the missing person into the clearinghouse and the national crime information center missing person file. •  Information not immediately available shall be obtained as soon as possible by the law enforcement agency and entered into the clearinghouse and the national crime information center file as a supplement to the original entry.  

  17. Law Enforcement Requirements; Missing person reports; unidentified bodies • All New Mexico law enforcement agencies are required to enter information about all unidentified bodies of persons found in their jurisdiction into the clearinghouse and the national crime information center unidentified person file, including all available identifying features of the body and a description of the clothing found on the body.  If an information entry into the national crime information center file results in an automatic entry of the information into the clearinghouse, the law enforcement agency is not required to make a direct entry of that information into the clearinghouse. 

  18. Interagency Cooperation • State agencies and public and private schools shall cooperate with a law enforcement agency that is investigating a missing person report and shall furnish any information that will assist the law enforcement agency in completing the investigation.   

  19. Interagency Cooperation • Information provided by a state agency or a public or private school shall not be released to any person outside the law enforcement agency or the clearinghouse, except as provided by regulation of the department of public safety.   

  20. Attorney General to Require Compliance • The attorney general shall require each law enforcement agency to comply with the provisions of the Missing Persons Information Act [29-15-1 NMSA 1978] and may seek writs of mandamus or other appropriate remedies to enforce the provisions of that act.   

  21. NCIC Administrative Sanctions • Agency can receive a sanction letter from the CSO ( CJIS Systems Officer). This letter will be placed in the Agency file • The Agency TAC can also be sanctioned along with the operator who violates this procedure. This sanction could be in the form of a letter or revocation of their NCIC/NMLETS access.

  22. NCIC Administrative Sanctions • Agency can have NCIC/NMLETS access terminated by the CSO.

  23. Statutory AuthorityMissing Child Reporting • 32A-14-1   Short title • 32A-14-2   Definitions. • 32A-14-3   Missing child reports; law enforcement agencies; duties. • 32A-14-4   Birth records of missing children; state registrar's duties.

  24. 32A-14-2  Definitions • "law enforcement agency" means any law enforcement agency of the state or any political subdivision of the state, including the New Mexico state police and any municipal or county police or sheriff department;  •  "missing child" means an individual who is less than eighteen years old who is reported to any law enforcement agency as abducted, lost or a runaway;   

  25. 32A-14-2  Definitions • "state registrar" means the employee so designated by the health services division of the health and environment department [department of health] pursuant to the Vital Statistics Act [24-14-1 NMSA 1978].

  26. Missing child reports; law enforcement agencies; duties • Upon receiving a report of a child believed to be missing, 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 that do not have direct access to the system

  27. Missing child reports; law enforcement agencies; duties • notify the state registrar within twenty-four hours, by telephone, facsimile or electronic transmission, of the missing child. Within three days of this initial notification, the law enforcement agency shall make a written notification in a manner and form prescribed by the state registrar. Both notifications shall include the missing child's name, date of birth, county and state of birth, the mother's maiden name, the name of the non-custodial parent if the parents are not married, the name and telephone number of a contact person at the law enforcement agency reporting and any other information required by the state registrar

  28. Missing child reports; law enforcement agencies; duties • Immediately after a missing child is located, the law enforcement agency that located or returned the missing child shall notify the law enforcement agency having jurisdiction over the investigation, and the originating agency shall clear the entry from the national crime information center computer and shall, within twenty-four hours, notify the state registrar in writing that the missing child has been located

  29. Effective Use of NCIC(National Crime Information Center) • When a child is abducted, law enforcement must collect and disseminate accurate information about the event, the child, and the abductor. Memoranda of understanding (MOUs) for local, state, and regional AMBER Alert plans must define agency roles and responsibilities in abduction cases and establish standards for conducting timely and thorough investigations

  30. Effective Use of NCIC(National Crime Information Center) • The National Child Search Assistance Act (42 U.S.C. 5779, 5780) requires law enforcement to immediately enter into the National Crime Information Center (NCIC) database every reported case involving a missing child. The intent of this law is to ensure that law enforcement disseminates as quickly as possible information vital to the recovery of a missing child. The steps for entering a child abduction into NCIC are critical:

  31. Guidelines • Enter the information immediately—with NO delay. Law enforcement should enter a child into NCIC immediately without delay. The initial entry should be reviewed within one hour of entry into NCIC and verified as to the entry time, accuracy of the descriptive information of the victim and/or perpetrator, vehicle used in the abduction, and other information that could help law enforcement apprehend the perpetrator. (Information about the perpetrator should also be entered in the Wanted Person File if a warrant is issued, and the records should be linked.) Unfortunately, in some cases data about an abducted child was not entered into NCIC until hours and even days after the child's disappearance. Such delays can have disastrous consequences.

  32. Guidelines • Use the proper NCIC category. Child abduction cases should be entered into the NCIC Missing Person File in either the endangered or the involuntary category, and the child abduction (CA) flag should be entered. An NCIC number will be automatically assigned when the record is entered. The reporting agency should assign a case or originating agency case (OCA) number to the preliminary or initial investigation. Each entry of a child age 17 or under should be reviewed to ensure that the information has been entered into the appropriate category. NCIC will then send an immediate notification to the National Center for Missing & Exploited Children (NCMEC). NCMEC call center staff will get in contact with the appropriate law enforcement agency to conduct the intake of the case and offer all available resources. The designated supervisor should also audit each entry within one hour of the initial entry to verify and authenticate each record, signature, and time.

  33. Guidelines • If an AMBER Alert is issued, the AMBER Alert (AA) flag should be entered in the record. If the local law enforcement agency or the Criminal Justice Information Services (CJIS) Systems Agency (CSA) cannot set the flag, NCMEC should be notified immediately so that NCMEC staff can modify the NCIC record on the agency's behalf. NCMEC can be contacted at 800–843–5678 or reporting agency ORI VA007019W or <amberalerts@ncmec.org>. NCMEC will then contact the appropriate state AMBER Alert coordinator, who will be asked to approve an update of the NCIC record with an AA flag. The AA flag allows the record to reflect that the child is the subject of an AMBER-classified abduction and is vital to alerting law enforcement and to creating a national tracking system for AMBER Alert cases using the resources of NCIC.

  34. Guidelines • Add the image of the child to the record when available. When the photo is made a part of the record, any law enforcement officer can view the picture of the child. The image capability can also be used to attach photos of wanted suspects (care should be taken to ensure that the miscellaneous (MIS) field clearly states that the photo is of the perpetrator), vehicles, tattoos, and other identifiers.

  35. Guidelines • Update information about the victim and suspect on an ongoing basis. Initial police reports are based on preliminary investigations, and information entered into NCIC can quickly become obsolete. Update the NCIC entry or record frequently to ensure that the most current and reliable information is shared with other law enforcement agencies. The investigator assigned to the case should review the entry to be sure the information is correct and that all available information is included. If information on the suspect or vehicle is also entered into NCIC, the records should be linked.

  36. NMMPCH checklist • Submit report to NMMPCH • Entry into NCIC • Block Birth Certificate at NM DOH Vital Statistics • Contact outside resources (media, NCMEC etc….)

  37. Initial-Response Investigative Checklist • Administrative • First Responder • Investigative Officer • Supervisory Responsibility

  38. Types of Missing Person’s • Non-Family abductions • Family abductions • Custodial Interference • Runaways/Throwaways • Reported Missing Adults (age 21) • Endangered • Non-endangered

  39. Non-Family Abductions • Kidnapper is a stranger to the child • Usually Amber Alert (if all other factors apply) • Obtain child’s packet • DNA • Photo • Dental • Demographics

  40. Family Abduction • Family member by blood line • May be a Amber Alert (if not a Guardian & all other factors apply) • Obtain child’s packet • DNA • Photo • Dental • Demographics

  41. Custodial Interference • Obtain custody papers and/or court orders • Will not be an Amber Alert • Ascertain if any warrants will be issued • Obtain child’s packet • DNA • Photo • Dental • Demographics

  42. Runaway/Throwaway • Review past reports • Follow through just as any missing child • Remember this child has the potential to become a victim and/or a suspect in an instant • Obtain child’s packet • Dental • Photo • DNA • Demographics

  43. Missing Adults • There is NO time limit to report a missing adult • Locate- can not tell reporting party where individual is located however; the reporting party may be told that the person is alive • Obtain person’s packet • DNA • Photo • Dental • Demographics

  44. Resources • Interpol • NCMEC • Center for Missing Adults • NMMPCH • National Runaway Hotline

  45. Suzanne’s Law "Suzanne's Law" amends Section 3701 (a) of the Crime Control Act of 1990 so that there is no waiting period before a law enforcement agency initiates an investigation of a missing person under the age of twenty one and reports the missing person to the National Crime Information Center of the Department of Justice. "Suzanne's Law" is named a after Suzane Lyall a student at State University of New York at Albany, who has been missing since 1998. Previously, police were only mandated to report missing persons under the age of eighteen. This law was signed by President Bush as part of the national Amber Alert bill on April 30, 2003, requires police to initiate prompt investigation into missing young people.

  46. Missing Persons Web Site

  47. Missing Persons Web Site

  48. Endangered Persons Advisory

  49. Helen’s Law • In December 2004 a Grandmother, Mother, Sister and dear friend to many disappeared • She was 80 years old • Days go by before the media becomes involved with the case • Later found deceased in a culvert. Brutally Murdered by a family member

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