Sec. 8. (a) The clearinghouse shall operate an Amber alert program and the silver alert program.

     (b) Upon the establishment of an Amber alert program, and the silver alert program, the clearinghouse may enter into an agreement with one (1) or more broadcasters to operate the Amber alert program and the silver alert program under this chapter.

Terms Used In Indiana Code 10-13-5-8

  • Amber alert program: means a program under which the clearinghouse transmits information about a recently abducted child to broadcasters who:

    Indiana Code 10-13-5-1

  • broadcaster: means the operator of a radio or television station. See Indiana Code 10-13-5-2
  • clearinghouse: refers to the Indiana clearinghouse for information on missing children and missing endangered adults established by section 5 of this chapter. See Indiana Code 10-13-5-3
  • missing endangered adult: means an adult who is a high risk missing person under the definition in IC 5-2-17-1. See Indiana Code 10-13-5-4.3
  • missing endangered child: means a missing child who is believed to be incapable of returning to the missing child's residence without assistance because of:

    Indiana Code 10-13-5-4.4

  • silver alert program: means a program under which the clearinghouse transmits information about missing endangered adults or missing endangered children to broadcasters who:

    Indiana Code 10-13-5-4.6

     (c) The superintendent shall designate staff responsible for the operation of the Amber alert program and the silver alert program.

     (d) The department shall adopt guidelines governing the clearinghouse’s operation of the Amber alert program and the silver alert program. The department’s guidelines may require that staff, upon receiving a report that a child has been abducted or an endangered child or endangered adult is missing, immediately send electronically or by other means of communication a description of the abducted child or missing endangered child or endangered adult to one (1) or more broadcasters participating in the Amber alert program or the silver alert program. The guidelines must include criteria that the clearinghouse shall use in determining whether to issue a silver alert and the geographic area or region in which to issue the silver alert.

     (e) A broadcaster participating in the Amber alert program, or the silver alert program shall immediately broadcast:

(1) a description of the abducted child, missing endangered child, or missing endangered adult; and

(2) other information that will assist in locating the abducted child, missing endangered child, or missing endangered adult;

to the general public in accordance with the Amber alert plan agreement, or the silver alert plan agreement between the clearinghouse and the broadcaster.

     (f) The department shall adopt guidelines governing the voluntary Amber alert program agreement, and the voluntary silver alert program agreement between the clearinghouse and a broadcaster. The voluntary agreements between the clearinghouse and the broadcaster may include the following provisions:

(1) Upon receiving a notification as part of the Amber alert program, or the silver alert program, the broadcaster shall broadcast the information contained on the notice on an intermittent basis for a period of time as provided in the agreements between the clearinghouse and the broadcaster.

(2) The broadcaster shall treat the Amber alert notification, or the silver alert notification as an emergency.

(3) The broadcaster shall ensure that the form of communication used to receive an Amber alert notification, or a silver alert notification is:

(A) generally available to receive an Amber alert notification, or a silver alert notification; and

(B) located such that the broadcaster will immediately become aware of an incoming Amber alert notification, or silver alert notification.

[Pre-2003 Recodification Citation: 10-1-7-5.5.]

As added by P.L.2-2003, SEC.4. Amended by P.L.43-2009, SEC.8; P.L.115-2018, SEC.3.