ACLed Users do not get hidden smart groups they have created in the allGroups variable

There is a bug where an ACLed user does an advanced search, then goes to send / scheduled a mass mailing with the results. This then produces an error in the console that cannot find length of undefined. This is looking for the group title. This resolves back to what i can see is that Hidden smart groups are not included in the $allGroups array which then means when we use the multisite extension that they get filtered out by the array_intersection