Why Does Colorado Need NamUs Legislation?

Change.Org Petition: Colorado Needs NamUs Legislation!

Sample Letter to Representatives

More Info/ Open Letter from My Loved One Is Missing: 

Every year on Missing Person's Day in Colorado, a list of names are read. We are told this is a list of names of all Coloradans that had been missing for more than a year. 

When I heard names of missing persons read in back in 2022, I recognized some of the names and knew some had been found safe and some had been found deceased years prior. I also realized I didn't hear names of Coloradans I knew were still missing. For example, my mother's friend, Nancy Begg-Shoupp, was left off the list for years despite still being missing since 1990. In February 2022, I wrote to the CBI point of contact for questions regarding the Cold Case Team's Database and Missing Persons Day. I also sent a comparison of our state database to the NamUs database. 

There were many cases in our state database that were not in NamUs, and some in NamUs that had been resolved but not removed from the system. Since the CBI Cold Case Database only has records of people missing for more than 3 years, there will always be a mismatch with NamUs information, so I always kept that fact in mind during my research.

Currently, missing persons cases are uploaded to the Colorado Crime Information Center (CCIC), which is linked to the National Crime Information Center (NCIC). We've recently learned that several missing persons cases have been removed from this database prior to being located. This could be due to case inactivity, or cases being re-classified as homicides. There are also several cases in CCIC that have been resolved, but have remain in the database as open. It is not possible to know how many missing persons cases have been removed without resolution or how many resolved cases remain in the database because CCIC/NCIC is not publicly available. Since NamUs is publicly available, NamUs legislation would increase transparency.

In January 2024, I reached out to 46 investigating agencies across the state for case status updates myself. The agencies who have responded so far have reported that most of the cases I was questioning them about had, in fact, been closed cases for years. Some expressed confusion as to why their cases were still in the CBI cold case database. Some cases involved individuals that had only been missing for a couple days before returning home, yet their names are in our database as being currently missing for over 3 years. After providing the CBI with a list of cases that were likely closed, it has been 2 years and many of the closed cases still remain. This year, I did file complaints with the CBI and CDPS to address these issues and received positive responses as a result, but I believe that will only put a temporary band-aid on the situation.

Closed cases should be updated/removed within 30, 60 or even 90 days from ALL databases. 

These facts tell me a few things. 

1. No one is deeply investigating the majority of these cases, which is one reason why volunteer advocates can be so beneficial. There are several names of missing persons in both databases in which a simple search can find the person alive and well, and oftentimes, active on social media. The majority of the cases in which I found the “missing person” to be alive and well were runaway cases and child custody dispute cases that were not followed up on. Keeping cases open that should be closed takes attention away from those who are actually still missing. 

2. Over 150 cases in our state database and 70 Colorado cases in NamUs do not even have photos. However, the CBI is actively working on obtaining more photos. This, combined with the fact that our state database contains more closed cases than NamUs, means that our state database is not being administered properly or responsibly and can't be deemed as reliable. Missing people are human beings, not names and numbers. 

3. Advocates that volunteer to help with locating missing persons rely on missing persons databases to be accurate. It is embarrassing for us to raise awareness for missing persons cases in attempts to locate them only to learn that law enforcement never closed out the case, or that they closed out the case in CCIC/NCIC, but that it remains "open and active" in NamUs and the Colorado Cold Case Database. If a missing person's case is not uploaded to the NamUs database or shared on social media, their case may not be seen by the public for up to 3 years before the Colorado Bureau of Investigation uploads the case to their Cold Case Database.  

I have entered cases into NamUs on my own. It is a very simple task that requires minimal time. However, the cases only become publicly visible once they are approved by law enforcement. Usually I request that law enforcement enter their own cases in NamUs, but I have one pending case that I uploaded to NamUs for John G. Austin, missing since January 2021. I have spoken with our NamUs rep and the CBI, but Pueblo Police Department still refuses to let his case be publicly visible in the NamUs database. I have received several inquiries wondering if John G. Austin was compared to a John Doe in 2022. Since John's profile isn't publicly available, the comparison will not show as completed on John Doe's approved NamUs public profile. It will only list comparisons to missing people that have approved profiles. However, I have privately received direct confirmation that he has been ruled out as a possible match. 

Many agencies in Colorado already use NamUs regularly as it is considered "best practice" in our state, but due to lack of legal requirements, there are also many agencies that do not upload cases to NamUs, or they forget to update the case in NamUs when the person is located. All relevant agencies are already trained in its use so no additional funding would be necessary. This would just legally require all agencies to use NamUs effectively and responsibly.

Several other states have already created legislation that requires law enforcement to use NamUs. New York NY EXC Law 837 as amended by S6739 requires that missing persons be reported to NamUs within 30 days. California, Washington, New Mexico, Oklahoma, Illinois, Arkansas, Tennessee, North Carolina, and Connecticut also have laws requiring NamUs to be used. Colorado would benefit from similar legislation. While SB22-095 had the goal of Improving Missing Person Investigations, none of the issues I have discovered were covered in that bill.

Here are links to copies of my 'works in progress' so that you can have visual representations of how bad this problem is, and how it could be solved with legislation requiring law enforcement agencies to upload all missing persons cases to NamUs. 

Work In Progress 2024 Colorado Missing Person Name List Edits: https://docs.google.com/document/d/1SGuhZvd9Vl4R4USAhozigU59pbyCLPX5IwOv6iHojUQ/edit?usp=sharing

Work In Progress Database Comparisons: https://docs.google.com/spreadsheets/d/1tpUwy1fZyTjxt5Zff7sFeyZgAJj0q1DtRt5VRUZ9ueE/edit?usp=sharing

Emails from Law Enforcement agencies: https://drive.google.com/drive/folders/1LBZW4jfZgdKpCJBHm38hc6Va_LSUgEih?usp=drive_link

Work in Progress Colorado Unidentified Persons Cases: https://docs.google.com/spreadsheets/d/1tFmP1E4H_n-QssO0zWRSWRo9h-hwHp_4MsD2bSdgrS0/edit?usp=sharing 

I have been working more with unclaimed persons cases as well lately, and there is evidence to support that we also need a legal requirement for coroners and medical offices to use NamUs as well. As of right now, we have 202 unclaimed persons in NamUs. Out of those 202 people, only 3 are outside of Denver. I suspect our state has more than 202 unclaimed persons cases, but that information is not publicly available. 

Here is a link to my work with unclaimed persons cases to demonstrate how useful it is for advocates to be able to have access to all these cases in NamUs. I have been able to locate a large number of next of kin relatives by using my skip tracing skills. There are many people in our state who are paid to do this work, but I question why more next of kin are not being found prior to being entered into a public database. However, all unclaimed persons should be entered into a public database within 30 days if professional personnel are unable to locate next of kin so that volunteer advocates like myself can help locate people's next of kin. 

Work in Progress Colorado Unclaimed Persons Cases: https://docs.google.com/spreadsheets/d/1Sn7OsRBLQhqIapGIA4OQP4V9pMhGWOwfruNxI1BM9qk/edit?gid=1124303104#gid=1124303104 

There was one case I posted about on social media after discovering he likely did not have any family in our country. His was found deceased in April 2020. I posted his case in January 2024, and within days, his daughter in Mexico found the post and called the Medical Examiner's Office to claim him. He came to America to earn money and he was planning to come back within a few years. She was confused as to why her father was not contacting her, but she assumed he was busy with work over the years, plus there was the pandemic that affected the world. If there was more effort put into locating his next of kin, his daughter would not have had to wonder about her father for 4 years. Please read over these relevant articles. 

Relevant articles:

STORY--How America’s patchwork death notification system leaves families in the dark A free federal database could help prevent the dead from going unclaimed. But an NBC News investigation found the vast majority of coroners and medical examiners don’t use it: https://www.nbcnews.com/news/us-news/namus-database-coroner-medical-examiner-pauper-cemetery-rarely-used-rcna129741

STORY--NamUs officials say the database should be used more to help in missing persons cases: https://www.21alivenews.com/2024/04/02/namus-officials-say-database-should-be-used-more-help-missing-persons-cases/

Improved use of NamUs would honor the dignity of those who are missing, unidentified and unclaimed. It would also provide relief to their families, and strengthen public trust in our systems. Thank you for your attention to this critical issue.

Sincerely,

Ashley Young; Founder of My Loved  One Is  Missing

Centennial, Colorado