Police Department Policy

doc_1004861

Santa Ana PD

Policy Text
Procedure 3160Santa Ana Police Department Santa Ana PD Procedures Manual Copyright Lexipol, LLC 2023/01/17, All Rights Reserved. Published with permission by Santa Ana Police DepartmentINVESTIGATION OF MISSING PERSONS AND DNA COLLECTIONS - 1INVESTIGATION OF MISSING PERSONS AND DNA COLLECTIONS 3160.1 PURPOSE These procedures provide guidance for the investigation of missing persons, accepting missing persons reports, and DNA collection in support of Missing Persons Policy. 3160.2 PROCEDURES 3160.2.1 TELEPHONIC REPORTS A telephone report may be taken from the reporting party, but if the report involves a missing child 12 years of age or younger, or is at risk, as defined in Missing Persons Policy, a police officer shall be dispatched. 3160.2.2 MISSING REPORTS FROM JUVENILE GROUP HOMES When a qualified group home wants to report a missing juvenile, a representative of the group home will contact the Santa Ana Police Department to make a report. Upon taking the report, the officer shall obtain family and social worker contact information, custody information, photo, and Direct Reference Sample (DRS)-DNA, if available. 3160.2.3 PROCESSING MISSING PERSON REPORT FORMS (a)Department members shall complete the CLETS form (07-CLETS Missing Person) as soon as they obtain the necessary information and submit it via their MDC while in the field. (b)Upon completing the initial field investigation, the investigating member shall complete their report (08-Missing Person/Outside Locate Person Report) as soon as practicable. Both the missing person report and CLETS form shall be completed on every missing person. (c)Pursuant to California Penal Code §14211(e), upon receipt of CLETS form, the Records Division or Communications will input the missing person. (d)Pursuant to California Penal Code §14211(d), if the missing person is under 21 years of age, or there is evidence that the person is at risk, the police department shall broadcast a "Be On the Lookout" bulletin, without delay, within its jurisdiction. 3160.2.4 PROCESSING RETURNED/LOCATED MISSING PERSON REPORTS (a)The officer shall complete the report (09-Missing Person Supp/Cancel) and CLETS form (08-CLETS Missing Person/Locate Cancel). (b)If the initial report is not in TriTech the officer must complete a Legacy Case Supplement, and then a Missing Person Supp/Cancel, and the CLETS form. Santa Ana Police Department Santa Ana PD Procedures Manual INVESTIGATION OF MISSING PERSONS AND DNA COLLECTIONS Copyright Lexipol, LLC 2023/01/17, All Rights Reserved. Published with permission by Santa Ana Police DepartmentINVESTIGATION OF MISSING PERSONS AND DNA COLLECTIONS - 2(c)Records Division will clear the missing person from MUPS. If the Records Division is closed, the Station Supervisor will route the CLETS form to Communications for processing. 3160.2.5 DNA COLLECTION Pursuant to California Penal Code §14250, family members or relatives of a “high risk” missing person may voluntarily provide a DNA sample to law enforcement. This DNA sample will only be used for identification purposes in missing person cases. 1.High Risk Missing Person - A “high risk” missing person is defined as any of the following: A.Abducted by a stranger B.Missing under suspicious or unknown circumstances C.There is reason to believe the missing person is in danger or deceased D.The person has been missing for more than 30 days 2.High Risk Missing Person and DNA Collection – High risk missing person and DNA collection [California Penal Code § 14250 (c)(2)] requires that within 30 days after a report has been made of a person missing under high-risk circumstances, the responsible investigating law enforcement agency shall inform the parents or other appropriate relatives that they may give a voluntary sample for DNA testing or may collect a DNA sample from a personal article belonging to the missing person if available. California Penal Code § 14250 (c)(3) provides that no incentive or coercion shall be used to compel a sample. DNA is to be collected using a Department of Justice Missing Person DNA Collection Kit. Guidelines related to the collection, processing and disposal of DNA samples collected using the Department of Justice Missing Person DNA Collection Kit can be found in California Penal Code § 14250 (c). Some of the requirements include: A.DOJ form #BFS 900 form must be filled out with each kit B.After 30 days from the date the report was filed, law enforcement shall send the sample to the DOJ for DNA testing and inclusion in the DNA database, with a copy of the crime report, and any supplemental information C.The investigating officer must verify the status of the missing person prior to submitting the sample to DOJ for analysis D.DNA can only be used for identification of the deceased’s remains E.The DNA donor can request DOJ to destroy their DNA sample F.DNA information is to be kept confidential and can only be disclosed for law enforcement purposes only, except law enforcement can publicly disclose a DNA match of an unidentified person after taking reasonable measures to first notify the family Santa Ana Police Department Crime Scene Investigators and Missing Person Unit Detectives/ Investigators have access to these kits and have been trained in obtaining DNA samples using these kits. Santa Ana Police Department Santa Ana PD Procedures Manual INVESTIGATION OF MISSING PERSONS AND DNA COLLECTIONS Copyright Lexipol, LLC

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