TITLE 11


Crimes and Criminal Procedure


Law-Enforcement Administration


CHAPTER 85. STATE BUREAU OF IDENTIFICATION


Subchapter VII. Gold Alert Program for Certain Missing Persons


§ 8580. Definitions.


The following words, terms, and phrases when used in this subchapter have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:


(1) "ACIM Alert Program" or "ACIM" means "A Child is Missing Alert Program". The ACIM Alert Program is a national rapid-response
communication network that offers free assistance to law-enforcement agencies to aid in the recovery, identity, or apprehension
of missing persons through the use of immediate public notification and dissemination of information via telephone in a targeted
community.


(2) "Gold Alert Program" or "Program" means the procedures used to aid in the identification and location of a missing person
as defined under paragraphs (4), (5), and (6) of this section. Gold Alerts may be local, regional, or statewide. The initial
decision to issue a local Gold Alert is at the discretion of the investigating law-enforcement agency.


(3) "Investigating law-enforcement agency" means the law-enforcement agency which has primary jurisdiction in the area in
which a missing person complaint has been filed.


(4) "Missing person with a disability" means a person:


a. Whose whereabouts are unknown;


b. Whose domicile at the time that the person is reported missing is Delaware;


c. Who has a disability; and,


d. Whose disappearance poses a credible threat to the health or safety of the person, as determined by the investigating law-enforcement
agency.


(5) "Missing senior citizen" means a person:


a. Whose whereabouts are unknown;


b. Whose domicile at the time that the person is reported is missing is Delaware;


c. Whose age at the time that the person is first reported missing is 60 years of age or older; and


d. Whose disappearance poses a credible threat to the health or safety of the person, as determined by the investigating law-enforcement
agency.


(6) "Missing suicidal person" means a person:


a. Whose whereabouts are unknown;


b. Whose domicile at the time that the person is reported missing is Delaware;


c. Whose disappearance is voluntary; and


d. Whose statements, actions, or conduct indicate that the missing person may voluntarily cause or inflict harm on himself
or herself, and whose disappearance poses a credible threat to the health or safety of the person, as determined by the investigating
law-enforcement agency.


76 Del. Laws, c. 379, § 1; 70 Del. Laws, c. 186, § 1.;


§ 8581. Establishment of the Delaware Gold Alert Program.


(a) Each investigating law-enforcement agency shall implement an alert program, consistent with the ACIM Alert Program, for
missing senior citizens, missing suicidal persons, and missing persons with disabilities, and may promulgate necessary rules
and regulations for the program. The rules and regulations shall include the following:


(1) Procedures for the use of the Delaware Information Analysis Center (DIAC) to provide support to the investigating law-enforcement
agency as a resource for the receipt, analysis, and dissemination of information regarding the missing person and the missing
person's whereabouts;


(2) Procedures for the investigating law-enforcement agency to use to verify whether a senior citizen, a suicidal person,
or a person with a disability is missing and the circumstances under which the agency must enter descriptive information of
the missing person into the Delaware Criminal Justice Information System (DELJIS) and the National Crime Information Center
(NCIC) system. The investigating law-enforcement agency shall further notify the Delaware Information Analysis Center (DIAC),
who shall make all the necessary notifications and assist the investigating law-enforcement agency; and


(3) The process for reporting the information to designated media outlets in Delaware.


(b) The Delaware State Police shall adopt rules and regulations for the use of the DIAC to assist investigating law-enforcement
agencies during their investigations as a resource for the receipt, analysis, and dissemination of information to those agencies
that have a need and right to know about the missing person.


76 Del. Laws, c. 379, § 1; 70 Del. Laws, c. 186, § 1.;


§ 8582. Activation of the Gold Alert Program.


(a) When a law-enforcement agency receives notice that a senior citizen, a suicidal person, or a person with a disability
is missing, the agency shall solicit information from the missing person's family or legal guardian to provide information
regarding the missing person's physical or mental condition, or both. When the investigating law-enforcement agency verifies
that the person is missing, the investigating law-enforcement agency shall enter the descriptive information of the missing
person into the Delaware Criminal Justice Information System (DELJIS) and the National Crime Information Center (NCIC) system.
The investigating law-enforcement agency shall further notify the Delaware Information Analysis Center (DIAC), who shall make
all the necessary notifications and assist the investigating law-enforcement agency.


(b) When an investigating law-enforcement agency has verified that a senior citizen, a suicidal person, or a person with a
disability is missing, the investigating law-enforcement agency shall send an alert to designated media outlets in Delaware.
The alert must include all appropriate information that may assist in the safe return of the missing senior citizen, suicidal
person, or person with a disability, along with a statement instructing anyone with information relating to the missing person
to contact the investigating law-enforcement agency or a law-enforcement agency within their jurisdiction.


76 Del. Laws, c. 379, § 1.;


§ 8583. Cancellation of a Gold Alert.


(a) The investigating law-enforcement agency shall notify the designated media outlets when a Gold Alert has been cancelled.


(b) A law-enforcement agency that locates a missing person who is the subject of a Gold Alert shall notify DELJIS, NCIC, and
the DIAC as soon as possible that the missing person has been located.


76 Del. Laws, c. 379, § 1.;