# Title 54 — State Government

## Chapter 54-67 — State Alert Notice System

### § 54-67-01. Definitions.

As used in this chapter:
1. "Amber alert notice" means an urgent bulletin using the emergency alert system to air
a description of a child who has been abducted.
2. "Blue alert notice" means an urgent bulletin using the emergency alert system to air a
description of an individual or an individual's vehicle to aid in the apprehension of an
individual who 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, and the individual has left the
scene of the offense.
3. "Feather alert notice" means an urgent bulletin using the emergency alert system to air
a description of an indigenous individual who has been abducted or is believed to be
at imminent risk of serious bodily injury or death.
4. "Missing and endangered persons alert notice" means an urgent bulletin using the
emergency alert system to air a description of an adult who has been abducted or is
believed to be at imminent risk of serious bodily injury or death.
5. "Silver alert notice" means an urgent bulletin using the emergency alert system to air a
description of a missing, disabled, or elderly individual, or individual with a
developmental disability, to aid in the location of that individual.
### § 54-67-02. Alert notice system activation - Report.

1. A law enforcement agency may request the bureau of criminal investigation or the
superintendent of the highway patrol to activate an amber alert notice, a blue alert
notice, a missing and endangered persons alert notice, a feather alert notice, or a
silver alert notice.
2. The bureau of criminal investigation, in cooperation with the highway patrol and other
relevant stakeholders, shall prepare an operational plan to prepare for and respond to
requests for activation of an amber alert notice, a blue alert notice, a missing and
endangered persons alert notice, a feather alert notice, or a silver alert notice. The
plan must include the role and requirements of the division of state radio of the
department of emergency services in broadcasting an alert to the public, including
alerts in indigenous languages when available.
3. The bureau of criminal investigation, in cooperation with the highway patrol,
department of emergency services, and local law enforcement, shall use one or more
modes of communication for an alert defined in this chapter, including:
a. The emergency alert system;
b. The national information system for travel;
c. Digital highway message signs;
d. Local alerting systems if available;
e. State or local jurisdiction websites; or
f. Social media platforms.
4. The Indian affairs commission shall serve as the primary liaison between tribal, state,
and federal agencies regarding alert notices, if the missing individual is indigenous,
and assist with public education, outreach, and advocacy efforts.
5. The bureau of criminal investigation and the highway patrol shall issue an annual
report to the Indian affairs commission on the effectiveness and implementation of the
feather alert notice and the missing and endangered persons alert notice for cases
involving missing indigenous individuals.

### § 54-67-03. Annual public meetings - Report.

The bureau of criminal investigation and the highway patrol, in cooperation with a
representative of each federally recognized tribe in this state, shall present reports and findings
at an annual public meeting with tribal leaders.
### § 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.
