BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Mark Leno, Chair                A
                             2009-2010 Regular Session               B

                                                                     3
                                                                     3
                                                                      
          AB 33 (Nava and Cook)                                       
          As Amended June 22, 2010 
          Hearing date:  June 29, 2010
          Penal Code
          SM:dl
                                   CHILD ABDUCTIONS  

                                       HISTORY

          Source:  More Kids

          Prior Legislation:SB 1128 (Alquist) - Ch. 337, Stats. 2006 
                          SBx1 12 (Thompson) - Ch. 6, Stats. 1994
                          SB 2282 (Presley) - Ch. 1456, Stats. 1988 


          Support: Crime Victims United of California

          Opposition:None known

          Assembly Floor Vote:  Not relevant

                                           
                                     KEY ISSUES
           
          SHOULD THE LEGISLATURE SUGGEST THAT EACH LAW ENFORCEMENT AGENCY  
          ADOPT, PROMULGATE, AND OFFER TRAINING REGARDING MISSING CHILDREN  
          AND THE REPORTING OF MISSING CHILDREN, AS SPECIFIED?

          SHOULD THE DEPARTMENT OF JUSTICE (DOJ) BE REQUIRED TO MAKE  
          ACCESSIBLE TO LAW ENFORCEMENT AGENCIES, AS SPECIFIED, THE PEACE  
          OFFICER STANDARDS AND TRAINING COMMISSION'S (POST) "GUIDELINES  
          FOR HANDLING MISSING PERSONS INVESTIGATIONS," RELATING TO THE  




                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageB

          INVESTIGATION OF MISSING PERSONS?

                                                                (CONTINUED)




          SHOULD LAW ENFORCEMENT AGENCIES BE REQUIRED, BY JANUARY 1, 2012, TO  
          ADOPT A CHECKLIST DOCUMENT DIRECTING PEACE OFFICERS ON INVESTIGATION  
          GUIDELINES AND RESOURCES AVAILABLE TO THEM IN THE EARLY HOURS OF A  
          MISSING PERSONS INVESTIGATION, AS SPECIFIED?

          SHOULD LAW ENFORCEMENT AGENCIES BE REQUIRED, BY JANUARY 1, 2012, TO  
          ADOPT A POLICY, REGULATIONS, OR GUIDELINES ON MISSING PERSONS  
          INVESTIGATIONS, AS SPECIFIED?

          SHOULD LAW ENFORCEMENT AGENCIES BE REQUIRED, BY JANUARY 1, 2012, TO  
          ADOPT AND UTILIZE DOJ'S MISSING PERSON REPORTING FORM, AT A MINIMUM  
          FOR THE INITIAL CONTACT WITH THE PARENT OR FAMILY MEMBER REPORTING A  
          MISSING PERSON?

          SHOULD THE POST COMMISSION BE REQUIRED TO, AS NECESSARY AND  
          APPROPRIATE, MODIFY ITS MISSING PERSONS INVESTIGATIONS GUIDELINES  
          AND CURRICULUM WITH CONTEMPORARY INFORMATION, AS SPECIFIED?

          SHOULD THE VIOLENT CRIME INFORMATION CENTER BE REQUIRED TO MAKE  
          AVAILABLE TO LOCAL LAW ENFORCEMENT WITHIN TWO HOURS OF A REPORTED  
          STRANGER ABDUCTION OF A CHILD, A LIST OF REGISTERED SEX OFFENDERS  
          BASED ON MODUS OPERANDI OR GEOGRAPHICAL LOCATION, AS SPECIFIED?



                                       PURPOSE

          The purpose of this bill is to (1) state that it is the intent  
          of the Legislature to encourage law enforcement agencies to  
          obtain and utilize the list, as specified, of registered sex  
          offenders from the Violent Crime Information Center in the event  
          of a reported stranger abduction of a child; (2) state that the  
          Legislature suggests that each law enforcement agency adopt,  




                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageC

          promulgate, and offer training regarding missing children and  
          the reporting of missing children, as specified; (3) require  
          that DOJ make accessible to law enforcement agencies, as  
          specified, the Peace Officer Standards and Training Commission's  
          (POST) "Guidelines for Handling Missing Persons Investigations,"  
          relating to the investigation of missing persons; (4) require  
          that, by January 1, 2012, law enforcement agencies adopt a  
          checklist document directing peace officers on investigation  
          guidelines and resources available to them in the early hours of  
          a missing persons investigation, as specified; (5) require that  
          by January 1, 2012, law enforcement agencies adopt a policy,  
          regulations, or guidelines on missing persons investigations, as  
          specified; (6) require that, by January 1, 2012, law enforcement  
          agencies utilize DOJ's missing person reporting form, at a  
          minimum for the initial contact with the parent or family member  
          reporting a missing person; (7) require that, as necessary and  
          appropriate, the POST commission modify its missing persons  
          investigations guidelines and curriculum with contemporary  
          information, as specified; and (8) require that DOJ's Violent  
          Crime Information Center make available, within two hours of a  
          reported stranger abduction of a child, a list of persons  
          required to register as sex offenders based upon the modus  
          operandi, if available, or the specified geographical location  
          from which the child was abducted.

           Current law  requires the Attorney General to establish and  
          maintain the Violent Crime Information Center to assist in the  
          identification and the apprehension of persons responsible for  
          specific violent crimes and for the disappearance and  
          exploitation of persons, particularly children and dependent  
          adults.  The center shall establish and maintain programs which  
          include, but are not limited to, all of the following:  
          developing violent offender profiles; assisting local law  
          enforcement agencies and county district attorneys by providing  
          investigative information on persons responsible for specific  
          violent crimes and missing person cases; providing physical  
          description information and photographs, if available, of  
          missing persons to county district attorneys, nonprofit missing  
          persons organizations, and schools; and providing statistics on  
          missing dependent adults and on missing children, including, as  




                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageD

          may be applicable, family abductions, non-family abductions,  
          voluntary missing, and lost children or lost dependent adults.
          (Penal Code  14200.)

           Current law  further requires the Attorney General to establish  
          within the center and maintain "an online, automated computer  
          system designed to effect an immediate law enforcement response  
          to reports of missing persons," and requires the Attorney  
          General to make information available to law enforcement  
          agencies regarding active files maintained pursuant to these  
          provisions, as specified.  (Penal Code  14201.)

           Current law  requires the Attorney General to establish and  
          maintain within the center an investigative support unit and an  
          automated violent crime method of operation system to facilitate  
          the identification and apprehension of persons responsible for  
          murder, kidnap, including parental abduction, false  
          imprisonment, or sexual assault.  This unit shall be responsible  
          for identifying perpetrators of violent felonies collected from  
          the center and analyzing and comparing data on missing persons  
          in order to determine possible leads which could assist local  
          law enforcement agencies.  This unit shall only release  
          information about active investigations by police and sheriffs'  
          departments to local law enforcement agencies.

          The Attorney General shall make available to the investigative  
          support unit files organized by category of offender or victim  
          and shall seek information from other files as needed by the  
          unit. This set of files may include, among others, the  
          following:

                 Missing or unidentified, deceased persons' dental files  
               filed pursuant to this title, Section 27521 of the  
               Government Code, or Section 102870 of the Health and Safety  
               Code.
                 Child abuse reports filed pursuant to Section 11169.
                 Sex offender registration files maintained pursuant to  
               Section 290.
                 State summary criminal history information maintained  
               pursuant to Section 11105.




                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageE

                 Information obtained pursuant to the parent locator  
               service maintained pursuant to Section 11478.5 of the  
               Welfare and Institutions Code.
                 Information furnished to the Department of Justice  
               pursuant to Section 11107.
                 Other Attorney General's office files as requested by  
               the investigative support unit.(Penal Code  14202.)

           Current law  requires the Commission on Peace Officer Standards  
          and Training (POST) to implement a course or courses of  
          instruction for the training of law enforcement officers and law  
          enforcement dispatchers in the handling of missing person and  
          runaway cases and to develop guidelines for law enforcement  
          response to missing person and runaway cases.  The course or  
          courses of instruction and the guidelines shall include, but not  
          be limited to:

                 Timeliness and priority of response;
                 Assisting persons who make missing person reports to  
               contact the appropriate law enforcement agency in the  
               jurisdiction of the residence address of the missing person  
               or runaway and the appropriate law enforcement agency in  
               the jurisdiction where the missing person or runaway was  
               last seen; and
                 Coordinating law enforcement agencies for the purpose of  
               efficiently and effectively taking and investigating  
               missing person reports.

          As used in this section, "law enforcement" includes any officers  
          or employees of a local police or sheriff's office or of the  
          California Highway Patrol.

          This course of training on investigation of missing person  
          reports is required to be included within the course of basic  
          training for law enforcement officers and law enforcement  
          dispatchers.(Penal Code  13519.1.)

           Current law  requires local law enforcement to "accept any  
          report, including any telephonic report, of a missing person,  
          including runaways, without delay and shall give priority to the




                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageF

          handling of these reports over the handling of reports relating  
          to crimes involving property.  In cases where the person making  
          a report of a missing person or runaway, contacts, including by  
          telephone, the California Highway Patrol, the California Highway  
          Patrol may take the report, and shall immediately advise the  
          person making the report of the name and telephone number of the  
          police or sheriff's department having jurisdiction of the  
          residence address of the missing person and of the name and  
          telephone number of the police or sheriff's department having  
          jurisdiction of the place where the person was last seen.  In  
          cases of reports involving missing persons, including, but not  
          limited to, runaways, the local police or sheriff's department  
          shall immediately take the report and make an assessment of  
          reasonable steps to be taken to locate the person.  If the  
          missing person is under 16 years of age, or there is evidence  
          that the person is at risk, the department shall broadcast a "Be  
          On the Look-Out" bulletin, without delay, within its  
          jurisdiction."  (Penal Code  14205(a).)

           
          Current law  further provides that if "the person reported  
          missing is under 16 years of age, or if
          there is evidence that the person is at risk, the local police,  
          sheriff's department, or the California Highway Patrol shall  
          submit the report to the Attorney General's office within four  
          hours after
          accepting the report.  After the California Law Enforcement  
          Telecommunications System online missing person registry becomes  
          operational, the reports shall be submitted, within four hours  
          after accepting the report, to the Attorney General's office  
          through the use of the California Telecommunications System."   
          (Penal Code  14205(b).)


           This bill  would declare that it is the intent of the Legislature  
          to encourage law enforcement agencies to obtain and utilize the  
          list, created pursuant to Section 14202 of the Penal Code, of  
          registered sex offenders from the Violent Crime Information  
          Center in the event of a reported stranger abduction of a child.





                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageG


           This bill  states that the Legislature suggests that each law  
          enforcement agency adopt, promulgate, and offer training that is  
          consistent with state and federal law and with the agency's  
          specific policy regarding missing children and the reporting of  
          missing children.


           This bill  requires that DOJ shall make accessible to law  
          enforcement agencies, via a department bulletin and the  
          California Law Enforcement Telecommunications System, the Peace  
          Officer Standards and Training Commission's "Guidelines for  
          Handling Missing Persons Investigations" or any subsequent  
          similar guidelines created by the commission, relating to the  
          investigation of missing persons.

           This bill  requires that, by January 1, 2012, law enforcement  
          agencies shall adopt a checklist document directing peace  
          officers on investigation guidelines and resources available to  
          them in the early hours of an investigation.  The POST  
          commission's "Guidelines for Handling Missing Persons  
          Investigations" should be used as a model policy or example in  
          developing the checklist document.

           This bill  requires, by January 1, 2012, law enforcement agencies  
          adopt a policy, regulations, or guidelines on missing persons  
          investigations that are consistent with state and federal law.   
          The POST commission's "Guidelines for Handling Missing Persons  
          Investigations" should be used as a model policy or example in  
          developing the policy, regulations, or guidelines.  

           This bill  requires, by January 1, 2012, law enforcement agencies  
          utilize DOJ's missing person reporting form, at a minimum for  
          the initial contact with the parent or family member reporting a  
          missing person.  

           This bill  requires that, as necessary and appropriate, the POST  
          commission shall modify its missing persons investigations  
          guidelines and curriculum with contemporary information.   
          Specifically, the commission should consider including and  




                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageH

          revising their guidelines to include both of the following:


                 Steps for law enforcement agencies in the first few  
               hours after the reporting of a missing person.
                 Information on the availability of the department task  
               forces, the SAFE Task Force Regional Teams, and other  
               entities that can assist in the search for a missing  
               person.

           This bill  requires that DOJ's Violent Crime Information Center  
          make available, within two hours of a reported stranger  
          abduction of a child, a list of persons required to register as  
          sex offenders based upon the modus operandi, if available, or  
          the specified geographical location from which the child was  
          abducted.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
          
          The severe prison overcrowding problem California has  
          experienced for the last several years has not been solved.  In  
          December of 2006 plaintiffs in two federal lawsuits against the  
          Department of Corrections and Rehabilitation sought a  
          court-ordered limit on the prison population pursuant to the  
          federal Prison Litigation Reform Act.  On January 12, 2010, a  
          federal three-judge panel issued an order requiring the state to  
          reduce its inmate population to 137.5 percent of design capacity  
          -- a reduction of roughly 40,000 inmates -- within two years.   
          In a prior, related 184-page Opinion and Order dated August 4,  
          2009, that court stated in part:

               "California's correctional system is in a tailspin,"  
               the state's independent oversight agency has reported.  
               . . .  (Jan. 2007 Little Hoover Commission Report,  
               "Solving California's Corrections Crisis: Time Is  
               Running Out").  Tough-on-crime politics have increased  
               the population of California's prisons dramatically  
               while making necessary reforms impossible. . . .  As a  
               result, the state's prisons have become places "of  
               extreme peril to the safety of persons" they house, .  




                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageI

               . .  (Governor Schwarzenegger's Oct. 4, 2006 Prison  
               Overcrowding State of Emergency Declaration), while  
               contributing little to the safety of California's  
               residents, . . . .   California "spends more on  
               corrections than most countries in the world," but the  
               state "reaps fewer public safety benefits." . . .  .   
               Although California's existing prison system serves  
               neither the public nor the inmates well, the state has  
               for years been unable or unwilling to implement the  
               reforms necessary to reverse its continuing  
               deterioration.  (Some citations omitted.)

               . . .

               The massive 750% increase in the California prison  
               population since the mid-1970s is the result of  
               political decisions made over three decades, including  
               the shift to inflexible determinate sentencing and the  
               passage of harsh mandatory minimum and three-strikes  
               laws, as well as the state's counterproductive parole  
               system.  Unfortunately, as California's prison
               population has grown, California's political  
               decision-makers have failed to provide the resources  
               and facilities required to meet the additional need  
               for space and for other necessities of prison  
               existence.  Likewise, although state-appointed experts  
               have repeatedly provided numerous methods by which the  
               state could safely reduce its prison population, their  
               recommendations have been ignored, underfunded, or  
               postponed indefinitely.  The convergence of  
               tough-on-crime policies and an unwillingness to expend  
               the necessary funds to support the population growth  
               has brought California's prisons to the breaking  
               point.  The
               state of emergency declared by Governor Schwarzenegger  
               almost three years ago continues to this day,  
               California's prisons remain severely overcrowded, and  
               inmates in the California prison system continue to  
               languish without constitutionally adequate medical and  





                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageJ

               mental health care.<1>

          The court stayed implementation of its January 12, 2010 ruling  
          pending the state's appeal of the decision to the U.S. Supreme  
          Court.  On Monday, June 14, 2010, The U.S. Supreme Court agreed  
          to hear the state's appeal in this case.   

           This bill  does not appear to aggravate the prison overcrowding  
          crisis described above.


                                      COMMENTS

          1.  Need for This Bill  

          According to the author:

               AB 33 is critical for improving government's response  
               when a child goes missing.  It is a careful measure,  
               with policies derived from conversations with law  
               enforcement and nonprofit groups focusing on missing  
               children.  These conversations demonstrated that there  
               are many resources available to aid in the search for  
               a missing child.  These range from  
               search-and-investigation model policies for law  
               enforcement to advanced databases on violent criminals  
               to task forces that can assist in a search.  Yet  
               knowledge of these resources is lacking.  Moreover,  
               California does not require all law enforcement  
               agencies to have policies in place to deal with a  
               missing child.  Without awareness of these resources  
               and without policies in place at the local level, our  
               ability to find a missing child is greatly reduced.   
               ----------------------
          <1>   Three Judge Court Opinion and Order, Coleman v.  
          Schwarzenegger, Plata v. Schwarzenegger, in the United States  
          District Courts for the Eastern District of California and the  
          Northern District of California United States District Court  
          composed of three judges pursuant to Section 2284, Title 28  
          United States Code (August 4, 2009).




                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageK

               AB 33 addresses these issues.

               The California Peace Officers Standards and Training  
               Commission (POST) has created guidelines for  
               investigations, yet these guidelines are not  
               necessarily known, nor are they necessarily in use.   
               To increase awareness, the Department of Justice (DOJ)  
               under AB 33 will disseminate POST's "Guidelines For  
               Handling Missing Persons Investigations" via a DOJ  
               bulletin and through the California Law Enforcement  
               Telecommunications System.  Additionally, AB 33 will  
               require law enforcement agencies to adopt a checklist  
               document directing officers during the early hours of  
               a missing person investigation - a critical time for  
               the safe recovery of a child.  Furthermore, it will  
               require law enforcement agencies to have policy,  
               regulations, or guidelines on missing persons  
               investigations in place by January 1, 2012.  Law  
               enforcement agencies may implement their own policies  
               or look to POST guidelines as a model.  AB 33 will  
               also require law enforcement agencies to utilize a  
               missing person reporting form during the initial  
               investigation of a missing person.  This will ensure  
               that officers collect all necessary details in order  
               to aid in the search for that missing person.

               Many law enforcement agencies already comply with the  
               requirements of AB 33.  However, others might meet  
                                                                          some requirements or none at all.  Without a  
               comprehensive approach in place for all jurisdictions,  
               critical details can be overlooked, and a child's life  
               could be endangered.  With model policies available  
               from POST, it is reasonable and prudent to that  
               require policies be in place at each law enforcement  
               agency.

               AB 33 also directs POST to update their Guidelines For  
               Handling Missing Persons Investigations.  In  
               discussions with POST, the DOJ, and members of law  
               enforcement, it became apparent that POST's guidelines  




                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageL

               lacked references to important resources, such as SAFE  
               (Sexual Assault Felony Enforcement) Task Force  
               Regional Teams and various task forces under the DOJ  
               Bureau of Narcotic Enforcement, which can assist in  
               the search for a missing child.  These resources are  
               critical when local law enforcement is in need of  
               assistance.  Without knowledge of these resources and  
               without inclusion in POST's guidelines, which can  
               serve as a model for all law enforcement, we do not  
               maximize our ability to find a missing child.

               Finally, AB 33 points to important technology in  
               searching for a suspect in a missing child case.   
               While the state and federal governments retain  
               detailed information on sex offenders and other  
               dangerous criminals, this information is of little use  
               at the time of a stranger abduction of a child if it  
               is not in the hands of law enforcement.  The Violent  
               Crimes Information Center (VCIC) has the capability to  
               create a list of possible suspects, based on a number  
               of criteria, and provide that list to law enforcement.  
                AB 33 directs VCIC to do so and states that it is the  
               intent of the Legislature that law enforcement obtain  
               and utilize this list.  We must maximize all tools in  
               the search for a missing child, and producing a list  
               of possible suspects is of the utmost importance.  The  
               sophistication and wealth of information retained at  
               the VCIC reflect a drive to incorporate advanced  
               technology in our fight against crime and in our fight  
               to keep children safe.  The next logical step is to  
               make sure information moves from the database to the  
               front lines, where law enforcement can use it.


          2.  Background:  DOJ Missing and Unidentified Persons Unit

           The Department of Justice ("DOJ") provides the following  
          information on its website:






                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageM

               The  Missing and Unidentified Persons Unit  in the  
               California Department of Justice assists law  
               enforcement and criminal justice agencies in locating  
               missing persons and identifying unknown live and  
               deceased persons through the comparison of physical  
               characteristics, fingerprints and dental/body X-rays.



                Subscribe  to receive Missing Persons Bulletins in your  
               e-mail inbox.



               In California, a missing person is someone whose  
               whereabouts is unknown to the reporting party.  This  
               includes any child who may have run away, been taken  
               involuntary or may be in need of assistance.  It  
               includes a child illegally taken, held or hidden by a  
               parent or non-parent family member (See  California  
               Penal Code Sections 277-280  ).



               There is NO waiting period for reporting a person  
               missing.  All California police and sheriffs'  
               departments must accept any report, including a report  
               by telephone, of a missing person, including runaways,  
               without delay and will give priority to the handling  
               of the report.



                Schools  are part of the network to help find missing  
               children, not only through notices required to be  
               given to a public school district or private school  
               within 10 days of a child's disappearance but also  
               through use of our Missing Person Bulletin.






                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageN


               By making photographs of missing persons available, we  
               seek to aid in the identification and recovery of  
               missing persons. According to the  National Center for  
               Missing and Exploited Children  , one in six missing  
               children are recovered as a direct result of someone  
               recognizing their photo and notifying authorities.  We  
               also offer resources on this website for locating  
               missing persons and safeguarding your children.



               The following offers a summary of some of our  
               programs. Further information is available by  
               selecting the program categories on the left menu.



               Missing Persons Search.  A searchable database of  
               missing persons allows you to look for a missing  
               person by name, description, county and several other  
               categories.



               Missing Children Clearinghouse.  The  Clearinghouse   
               provides a nationwide, toll-free hotline to receive  
               tips on the whereabouts of missing persons.  Call  
               toll-free: 1-800-222-FIND (1-800-222-3463)



               Featured Missing Children and Adult Cases.  The number  
               of active missing person cases averages around 25,000  
               in California. The Featured Missing Children and  
               Featured Missing Adults highlight cases where  
               photographs have been submitted by law enforcement for  
               use in accordance with laws and policies for sharing  
               the image of the missing person. To have a photograph  
               added, family members of a missing person should  




                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageO

               submit their photographs to the law enforcement agency  
               taking the missing person report.



               Featured Unidentified Person. There are currently over  
               2,100 reports of unidentified persons in our automated  
               database. Periodically, we will be providing  
               photographs or drawings of selected cases.<2>

          3.  Background - CalEMA's Child Abduction Task Force  

          According to its 2008 Summary Report, Fourth Addition, in July  
          1998 the California Children's Justice Act Task Force, located  
          within the California Emergency Management Agency (CalEMA),  
          formally became the California Child Abduction Task Force (Task  
          Force).  The Task Force consists of members from the original ad  
          hoc committee and of new members considered experts in child  
          abduction prevention and/or intervention, who meet three-to-four  
          times a year to maintain an ongoing review of current child  
          abduction issues.  

          Since 1999, the Task Force has presented twenty-nine trainings  
          throughout California.  These trainings have attracted over  
          2,000 participants, primarily professionals who are first  
          responders to reports of child abduction. According to the  
          Commission on Peace Officer Standards and Training (POST)  
          training evaluations, participants have found the training  
          worthwhile and the trainings have provided relevant and  
          pertinent information.

          (http://www.calema.ca.gov/WebPage/oeswebsite.nsf/PDF/California%2 
          0Child%20Abduction%20Task%20Force:%202008%20Summary%20Report/$fil 
          e/Child%20Abduction%20Summary%202008.pdf)

          CalEMA also appears to be the state's lead agency for federal  
          Children's Justice Act funds, and has administered child  


          ---------------------------

          ---------------------------
          <2>    http://ag.ca.gov/missing/  .




                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageP













































                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageQ

          abduction training requests for applications.<3>  




          While not an issue directly raised by this bill, in light of its  
          goals the authors may wish to consider whether the goals of this  
          bill could be furthered by consolidating the state's efforts  
          relating to missing persons and child abduction under one state  
          entity.

          4.  POST'S "Guidelines for Handling Missing Persons  
          Investigations"  

          The California Commission on Peace Officer Standards and  
          Training, pursuant to statutory mandate (Penal Code  13519.1),  
          produces a course of training and guidelines for the  
          investigation of missing persons.  This training is a required  
          component of the basic training of all California peace  
          officers.  The training curriculum includes:

               Acceptance of Initial Call 

               Guideline 1: Determination of missing person case and  
               sensitivity to the reporting party
               Guideline 2: Confirmation of responsibility for  
               acceptance of report, priority in handling, and agency  
               notification.

               Officer's Initial Contact at the Scene 

               Guideline 3: Officer's initial contact: making an  
               assessment at the scene.
               Guideline 4: Making a further assessment to determine  
               what reasonable steps should be taken to locate the  
               missing person.
               Guideline 5: Provide reporting party with Department  
               of Justice Form #BCIA 4048 authorizing the release of  
               ----------------------
          <3>   See  
           http://www.oes.ca.gov/WebPage/oeswebsite.nsf/OESLevsPDF/2010%20Ch 
          ild%20Abduction%   
          20Training%20Program%20(AC)/$file/AC10%20RFA.pdf.



                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageR

               dental or skeletal X-rays or both, and photograph(s),  
               including instructions on when to obtain these and  
               submit them to the agency, per Penal Code Section  
               14206[a][1].
               Guideline 6: Initiate follow-up contacts within 30  
               days.
               Guideline 7: Obtain the photograph, dental/skeletal  
               X-rays, and medical records by "written declaration"  
               when a person is still missing after 30 days, per  
               Penal Code Section 14206[a] [1].
               Guideline 8: Law enforcement agencies shall advise  
               family or relatives of a missing person of their right  
               to provide a voluntary sample for DNA testing, per  
               Penal Code Section 14250[c](2)
               Guideline 9: Confer with the Coroner or Medical  
               Examiner and submit a Missing Person Report and the  
               dental charts and original (preferred) dental X-rays,  
               skeletal X-rays, or both, and photographs to the  
               Attorney General's Office, Department of Justice when  
               any Missing Person has not been found within 45 days,  
               per Penal Code Section 14206[b].





               Reporting Responsibilities 

               Guideline 10: Reporting responsibilities: the agency  
               taking the missing person report shall submit the  
               report to the Attorney General's Office, Department of  
               Justice, per Penal Code Section 14205[b].
               Guideline 11: When a missing person report is taken,  
               the agency shall promptly notify and send a copy of  
               the report to the department that has jurisdiction  
               over the missing person's resident address and to the  
               agency where the missing person was last seen per  
               Penal Code Section 14205[c].
               Guideline 12: Missing person reports must be entered  
               into the Department of Justice's Missing Persons  




                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageS

               System (MPS) within four (4) hours.
               Guideline 13: Within ten (10) days of a child's  
               disappearance, the agency responsible for  
               investigation of the missing child shall inform the  
               child's school that he/she is missing. The notice  
               shall be in writing and, if available, include a  
               photograph per California Education Code 49068.6(a).  
               Law enforcement agencies may establish a process to  
               inform local schools about abducted children per  
               California Education Code 49068.6(c)
               Guideline 14: When a missing person is found, the  
               agency must report this to the Attorney General's  
               Office, Department of Justice and shall report it to  
               the other agencies as appropriate, per Penal Code  
               Section 14207.





























                                                                     (More)











               Closure of Missing Person Investigation 

               Guideline 15: Considerations for closure of missing  
               person investigation.
               Missing Person Reporting Responsibility Reference  
               Chart

          (Missing Persons Investigations, Guidelines and Curriculum,  
          Commission on Peace Officer Standards and Training,  
           http://lib.post.ca.gov/Publications/missing.pdf  )

          5.  What This Bill Would Do  

          As the foregoing illustrates, several law enforcement agencies  
          have been given responsibilities and developed different  
          programs with respect to missing person investigations.  This  
          bill is one of a package of bills that seek to improve the  
          handling of missing persons cases by utilizing these existing  
          resources and seeking better coordination of effort and  
          dissemination of information by various law enforcement  
          agencies.  Specifically, this bill:

                 Encourages law enforcement agencies to obtain and  
               utilize the list of registered sex offenders from the  
               Violent Crime Information Center in the event of a reported  
               stranger abduction of a child;
                 Suggests that each law enforcement agency adopt,  
               promulgate, and offer training regarding missing children  
               and the reporting of missing children, as specified;
                 Requires that DOJ make accessible to law enforcement  
               agencies, as specified, the Peace Officer Standards and  
               Training Commission's (POST) "Guidelines for Handling  
               Missing Persons Investigations," relating to the  
               investigation of missing persons;
                 Requires that, by January 1, 2012, law enforcement  
               agencies adopt a checklist document directing peace  
               officers on investigation guidelines and resources  
               available to them in the early hours of a missing persons  
               investigation, as specified;




                                                                     (More)







                                                      AB 33 (Nava and Cook)
                                                                      PageU

                 Requires that by January 1, 2012, law enforcement  
               agencies adopt a policy, regulations, or guidelines on  
               missing persons investigations, as specified;
                 Requires that, by January 1, 2012, law enforcement  
               agencies utilize DOJ's missing person reporting form, at a  
               minimum, for the initial contact with the parent or family  
               member reporting a missing person; and
                 Require that, as necessary and appropriate, the POST  
               commission modify its missing persons investigations  
               guidelines and curriculum with contemporary information, as  
               specified.

          Additionally, AB 33 would require the Violent Crime Information  
          Center (VCIC) of the Department of Justice to "make available  
          within two hours of a reported stranger abduction of a child, a  
          list of persons required to register as sex offenders based upon  
          the modus operandi, if available, or the specified geographical  
          location from which the child was abducted."  

          WOULD THESE MEASURES HELP POLICE FIND ABDUCTED CHILDREN MORE  
          QUICKLY?

          6.  Proposed Amendments  

          The requirement in the bill that the "center" (meaning the VCIC)  
          "make available within two hours of a reported stranger  
          abduction of a child, a list of persons required to register as  
          sex offenders based upon the modus operandi, if available, or  
          the specified geographical location from which the child was  
          abducted" amends a section that refers to a subsection of the  
          Violent Crime Information Center known as the Investigative  
          Support Unit.  Current law requires that this unit only release  
          information about active investigations by police and sheriffs'  
          departments to local law enforcement agencies."  (Penal Code  
          section 14202(b).)  The language of the bill does not specify to  
          whom this disclosure would be made.  The author may wish to  
          amend the bill to refer to the Investigative Support Unit rather  
          than the "center."  The dissemination of this information would  
          then be restricted to law enforcement agencies.  













                                                      AB 33 (Nava and Cook)
                                                                      PageV

          SHOULD THIS AMENDMENT BE TAKEN?


                                   ***************