12-68 Missing Person Reports
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<![CDATA[CHAPTER 12-68MISSING PERSON REPORTS12-68-01. Missing person reports.1.A report of a missing person may be made to any law enforcement agency in the<br>state. The law enforcement agency may not refuse to accept a missing person<br>report solely on the basis that:a.The missing person is an adult;b.The circumstances do not indicate foul play;c.The person has been missing for a short period of time;d.The person has been missing for a long period of time; ore.There is no indication that the missing person was in the jurisdiction served by<br>the law enforcement agency at the time of the disappearance.2.Notwithstanding subsection 1, if, upon receiving sufficient information from the<br>person making the report, the law enforcement agency that receives the initial report<br>of a missing person determines that a law enforcement agency in another<br>jurisdiction is clearly the more appropriate law enforcement agency to receive the<br>missing person report, the law enforcement agency that receives the initial report<br>may refer the missing person report to the more appropriate law enforcement<br>agency.The responsibility for the missing person report remains with the lawenforcement agency that receives the initial missing person report until the law<br>enforcement agency in the other jurisdiction confirms, in writing, its acceptance of<br>responsibility for the missing person report. If the law enforcement agency to which<br>the missing person report is referred is located within this state, that law<br>enforcement agency shall accept or decline the responsibility for the referred<br>missing person report within twenty-four hours after receiving the request from the<br>initial law enforcement agency. The law enforcement agency to which the report is<br>referred may not decline acceptance of responsibility for the missing person report<br>without good cause shown and may not decline acceptance of responsibility for the<br>report solely on the basis of the factors listed in subsection 1.3.The law enforcement agency shall accept a missing person report in person. A law<br>enforcement agency also may accept reports by telephone or by electronic or other<br>media to the extent that the reporting is consistent with law enforcement policies or<br>practices.12-68-02. Notification and other action.1.When possible, the law enforcement agency shall inform the person making the<br>report, a family member of the missing person, or other person who may be in a<br>position to assist the law enforcement agency regarding the agency's efforts to<br>locate the missing person about general information regarding the handling of the<br>missing person case or information regarding intended efforts in the case to the<br>extent that the law enforcement agency determines that disclosure would not<br>adversely affect the agency's ability to locate or protect the missing person or to<br>apprehend or prosecute any person criminally involved in the disappearance.2.All DNA samples obtained in missing person cases must be forwarded immediately<br>to the state crime laboratory to perform a DNA analysis. The state crime laboratory<br>shall establish procedures for determining how to prioritize analysis of the samples<br>relating to missing person cases.Page No. 13.The law enforcement agency shall submit relevant information to the federal bureau<br>of investigation's violent criminal apprehension program as soon as is practicable.12-68-03. Prompt determination of high-risk missing person - Law enforcementagency reports.1.A high-risk missing person is an individual whose whereabouts are not currently<br>known and the circumstances indicate that the individual may be at risk of injury or<br>death.2.Upon the determination by the law enforcement agency that the missing person is a<br>high-risk missing person, the law enforcement agency shall notify the bureau of<br>criminal investigation. The law enforcement agency shall provide to the bureau of<br>criminal investigation the information most likely to aid in the location and safe return<br>of the high-risk missing person.3.The responding local law enforcement agency immediately shall enter all collected<br>information relating to the missing person case in available state and federal<br>databases.If the responding local law enforcement agency does not have thecapability to enter this data directly in the state and federal databases, the bureau of<br>criminal investigation shall enter all collected information relating to the missing<br>person case in available state and federal databases.The information shall beprovided in accordance with applicable guidelines relating to the databases.12-68-04. Unidentified person or human remains identification responsibilities.1.If the official with custody of the human remains is not a coroner or medical<br>examiner, the official promptly shall transfer the unidentified remains to the coroner<br>or medical examiner to examine human remains for the purpose of identification of<br>the human remains.2.A coroner or medical examiner or any other person may not dispose of or engage in<br>actions that will materially affect the unidentified human remains before the coroner<br>or medical examiner:a.Obtains samples suitable for DNA identification and archiving;b.Obtains photographs of the unidentified person or human remains; andc.Exhausts all other appropriate steps for identification.12-68-05.Attorney general to develop missing person procedural policy.Toprovide guidance to law enforcement agencies in the state, the attorney general shall develop a<br>procedures manual, consistent with this chapter, relating to the investigation of missing person<br>cases. The attorney general shall distribute the manual to law enforcement agencies.Page No. 2Document Outlinechapter 12-68 missing person reports]]>