TITLE VII
SHERIFFS, CONSTABLES, AND POLICE OFFICERS

Chapter 106-J
MISSING ADULT PROGRAM AND MISSING VULNERABLE ADULT ALERT PROGRAM

Section 106-J:1

    106-J:1 Definitions. –
In this chapter, "missing adult" means any person:
I. Who is 18 years of age or older;
II. Whose residence is in New Hampshire or is believed to be in New Hampshire;
III. Who has been reported to a law enforcement agency as missing; and
IV. Who falls within one of the following categories:
(a) The person is under proven physical or mental disability, thereby subjecting himself or herself or others to personal and immediate danger;
(b) The circumstances indicate that the person's physical safety may be in danger;
(c) The circumstances indicate that the person's disappearance may not have been voluntary; or
(d) The person is missing after a catastrophe.

Source. 2005, 247:3, eff. Sept. 12, 2005. 2016, 256:2, eff. Aug. 9, 2016.

Section 106-J:2

    106-J:2 Procedures. –
I. Upon receiving notice of a missing adult, a law enforcement agency shall complete a missing person report by providing identifying and descriptive information about the missing adult within 48 hours to the National Crime Information Center (NCIC) for inclusion in the missing person file of its computerized database.
II. It shall be the duty of the initial investigating law enforcement agency to immediately notify the NCIC when the missing adult is located or returned.
III. The provisions of this chapter are not intended to remove the discretion of a law enforcement agency to notify the NCIC when an adult is missing under circumstances other than those specified in RSA 106-J:1, IV, when the law enforcement agency has reasonable concern for such adult's safety.

Source. 2005, 247:3, eff. Sept. 12, 2005. 2016, 256:3, eff. Aug. 9, 2016.

Missing Vulnerable Adult Alert Program

Section 106-J:3

    106-J:3 Definitions. –
In this subdivision:
I. "Caregiver" means any individual duly designated as a caregiver for a person who needs care assistance as a vulnerable adult. A caregiver includes, but is not limited to, a relative, paid caregiving professional, partner, friend, or neighbor who has a significant relationship with the person.
II. "Department" means the department of safety.
III. "Missing vulnerable adult" includes, but is not limited to, a missing adult who:
(a)(1) Is 18 years or older;
(2) Whose whereabouts are unknown;
(3) Whose last known whereabouts at the time he or she is reported missing is in New Hampshire; and
(4) Whose disappearance poses a credible threat to the safety and health of the person, as determined by a local law enforcement agency; and
(b)(1) Who has a mental or cognitive disability, such as dementia;
(2) Who has an intellectual or developmental disability;
(3) Who has a brain injury; or
(4) Who has another physical, mental, or emotional disability.

Source. 2009, 279:3, eff. July 1, 2010. 2016, 256:5, eff. Aug. 9, 2016.

Section 106-J:4

    106-J:4 Program Established. –
I. The department shall establish an alert program for missing vulnerable adults.
II. When a local law enforcement agency receives notice that a vulnerable adult is missing, the agency shall require the vulnerable adult's family or legal guardian to provide information relative to the vulnerable adult's impaired mental condition, intellectual or developmental disability, brain injury, or other physical, mental, or emotional disability. Once the local law enforcement agency is provided a statement from the vulnerable adult's caregiver that the vulnerable adult is missing and has an impairment, the local law enforcement agency shall notify the department.
III. When notified by a local law enforcement agency of a missing vulnerable adult, the department shall issue an immediate alert. The alert shall be sent to designated media outlets in New Hampshire. Participating radio stations, television stations, and other media outlets may issue the alert at designated intervals. The alert shall include all appropriate information from the local law enforcement agency that may assist in the safe recovery of the missing vulnerable adult and a statement instructing anyone with information related to the missing vulnerable adult to contact his or her local law enforcement agency.
IV. The alert shall be canceled upon notification to the department that the missing vulnerable adult has been found or at the end of the notification period, whichever occurs first. A local law enforcement agency that locates a missing vulnerable adult who is the subject of an alert shall notify the department as soon as possible that the missing vulnerable adult has been located.

Source. 2009, 279:3, eff. July 1, 2010. 2016, 256:5, eff. Aug. 9, 2016.

Section 106-J:5

    106-J:5 Rulemaking. –
The commissioner of the department shall adopt rules, pursuant to RSA 541-A, relative to:
I. A tiered approach to issuance of alerts.
II. Transparency and communication with the existing Medic Alert + Safe Return program or a similar program, including a mechanism to enroll individuals who are involved in wandering incidents in Medic Alert + Safe Return on the department's website.
III. The process for reporting the information to designated media outlets in New Hampshire.

Source. 2009, 279:3, eff. July 1, 2010. 2016, 256:5, eff. Aug. 9, 2016.