52:17B-216 Determination of designation as high-risk missing person.
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/nj/title-52/chapter-17b/52-17b-216·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
5. a.
(1)Upon the initial receipt of a missing person report, a law enforcement agency shall seek to determine whether the person reported missing is to be designated a high-risk missing person.
(2)If a law enforcement agency has reason to believe that a person reported missing is a high-risk missing person pursuant to section 1 of P.L.2007, c.279 (C.52:17B-212), the agency shall contact the appropriate county prosecutor who shall determine whether the person reported missing is a high-risk missing person. If the prosecutor determines that the person is a high-risk missing person, there shall be a rebuttable presumption that the person is missing as a result of, or in association with, criminal activity, and the Missing Persons Unit may seek or obtain legal process pursuant to subsection h. of section 3 of P.L.1983, c.467 (C.52:17B-9.8).
If the Missing Persons Unit discovers evidence during the investigation which indicates that the missing person does not meet the definition of a high-risk missing person, there shall no longer be a rebuttable presumption that the person is missing as a result of, or in association with, criminal activity, and the Missing Persons Unit shall not seek or obtain legal process pursuant to subsection h. of section 3 of P.L.1983, c.467 (C.52:17B-9.8).
The Superior Court, Law Division may release any records that are obtained by the Missing Persons Unit to a governmental entity upon showing of good cause by the governmental entity.
b. If the initial determination of a person reported missing does not warrant designation of that person as high risk, it shall not preclude a later determination, based on further investigation or the discovery of additional information, that the missing person is high risk.
L.2007, c.279, s.5; amended 2023, c.59, s.2.