54-67-04. Minimum requirements for activating a wireless emergency alert notice
1. An amber alert notice may not be activated unless:
a. The abduction involves a child seventeen years of age or younger;
b. The law enforcement agency investigating the abduction has confirmed the child
is believed to be in grave danger of serious bodily harm or death; and
c. The bureau of criminal investigation or the superintendent of the highway patrol
determines sufficient descriptive information has been provided about the child,
the abductor, or the abductor's motor vehicle to:
(1) Assist with the safe recovery of the child;
(2) Assist with the apprehension of the abductor; and
(3) Believe an immediate broadcast alert will assist in the search for and safe
return of the child.
2. A blue alert notice may not be activated unless:
a. An individual who is a suspect in an offense has threatened a law enforcement
officer with a deadly weapon, used a deadly weapon against a law enforcement
officer, caused a law enforcement officer to suffer serious bodily injury or death,
abducted a law enforcement officer, or caused a law enforcement officer to go
missing while on duty;
b. The individual has fled the scene of the offense and a description of the individual
or the individual's vehicle is available for broadcast;
c. The law enforcement agency investigating the offense has determined the
individual poses a threat to the public or other law enforcement personnel; and
d. Dissemination of available information to the public may help avert further harm
or assist in the apprehension of the suspect.
3. A missing and endangered persons alert notice may not be activated unless:
a. The abduction involves an individual eighteen years of age or older;
b. The law enforcement agency investigating the abduction has confirmed the
missing individual is believed to be in grave danger of serious bodily harm or
death; and
c. The bureau of criminal investigation or the superintendent of the highway patrol
determines sufficient descriptive information has been provided about the missing
individual, the suspect, or the motor vehicle to:
(1) Assist with the safe recovery of the missing individual;
(2) Assist with the apprehension of the suspect; and
(3) Believe an immediate broadcast alert will assist in the search for and safe
return of the missing individual.
4. A feather alert notice may not be activated unless:
a. The abduction involves an indigenous individual;
b. The law enforcement agency investigating the abduction has confirmed the
missing individual is believed to be in grave danger of serious bodily harm or
death; and
c. The bureau of criminal investigation or the superintendent of the highway patrol
determines sufficient descriptive information has been provided about the missing
individual, the suspect, or the motor vehicle to:
(1) Assist with the safe recovery of the missing individual;
(2) Assist with the apprehension of the suspect; and
(3) Believe an immediate broadcast alert will assist in the search for and safe
return of the missing individual.
5. A silver alert notice may not be activated unless the missing individual is:
a. A disabled adult or elderly vulnerable adult, as defined in section 50-25.2-01, who
has disappeared and whose disappearance has been reported to law
enforcement;
b. An individual who has a developmental disability, as defined in section
25-01.2-01, who has disappeared and whose disappearance has been reported
to law enforcement; or
c. An elderly adult who has disappeared, whose disappearance has been reported
to law enforcement, and the disappearance:
(1) Indicates the individual is believed to be in grave danger of serious bodily
harm or death, as determined by a law enforcement agency and either the
highway patrol or bureau of criminal investigation, based on a report
received from the missing adult's family member or an individual who has
significant frequent contact with the missing adult, which contains sufficient
evidence of the imminent risk; or
(2) Warrants a silver alert notice activation due to the particular circumstances,
as determined by a law enforcement agency and either the highway patrol
or bureau of criminal investigation, based on a report received from the
missing adult's family member or an individual who has significant frequent
contact with the missing adult, which contains sufficient evidence that the
particular circumstances warrant a silver alert notice activation.
6. If a request for activation of a missing endangered persons alert notice or a feather
alert notice does not meet the minimum requirements under this section, the
department of emergency services shall follow the department's operational plan for
determining proper public notification channels.
