41-1728. Seek and find alert notification system; requirements; definitions

565 words·~3 min read·/az/title-41/41-1728

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The department shall establish the seek and find alert notification system as a quick response system designed to issue and coordinate alerts following the report of a missing person who has a developmental disability or a cognitive disability, Alzheimer's disease or dementia or is sixty-five years of age or older as described in subsection B of this section.

B. On the request of an authorized person at a law enforcement agency that is investigating a report of a missing person who has a developmental disability or a cognitive disability, Alzheimer's disease or dementia or is sixty-five years of age or older, the department shall request an activation of the emergency alert system and issue a seek and find alert immediately, regardless of the missing person's age, if all of the following conditions are met:

1. The missing person has a developmental disability or a cognitive disability, Alzheimer's disease or dementia or is sixty-five years of age or older.

2. The law enforcement agency investigating the missing person report:

(a)Has used all available local resources.

(b)Has determined that the person has gone missing under unexplained or suspicious circumstances.

(c)Believes that the missing person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the missing person is in the company of a potentially dangerous person or that there are other factors indicating that the missing person may be in peril.

3. There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.

4. The department has been designated to use the federally authorized emergency alert system for the issuance of seek and find alerts.

C. The department shall request an activation of the emergency alert system and issue a seek and find alert immediately pursuant to subsection B of this section. A seek and find alert may not be denied or delayed due to administrative processes, prior missing episodes or discretionary assessments that are unrelated to the immediate risk to the missing person's safety.

D. If the department issues a seek and find alert pursuant to this section, the department shall provide the seek and find alert information to any other entity that provides similar notifications in this state.

E. All law enforcement agencies in this state shall do all of the following:

1. Develop, implement and regularly update training criteria regarding the seek and find alert notification system pursuant to this section. The training shall be comprehensive and shall create a solid foundation of knowledge regarding the legal criteria and processes involved in issuing a timely seek and find alert.

2. Conduct seek and find alert notification training for all employees of a law enforcement agency, at the time of hire and biannually, who have direct involvement in missing person cases, including the supervisors of these employees and communication dispatchers. The training shall include a review of any department and state policies regarding locating missing, abducted or runaway persons, with a specific focus on seek and find alert procedures. The training shall be comprehensive and shall create a solid foundation of knowledge regarding the legal criteria and processes involved in issuing a timely seek and find alert.

F. For the purposes of this section:

1. "Cognitive disability" has the same meaning prescribed in section 36-551.

2. "Developmental disability" has the same meaning prescribed in section 36-551.