North Dakota § 54-67-04 - Minimum requirements for activating a wireless emergency alert notice

§ 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. 6. 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. 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.