Every successful AMBER plan has clear criteria that must be met before going into effect. The following information is designed to achieve a network of compatible plans across the country, and to minimize potentially deadly delays because of confusion among varying jurisdictions. The following are criteria recommendations:
Law Enforcement Confirms an Abduction
AMBER plans require law enforcement to confirm an abduction prior to issuing an alert. This is essential when determining the level of risk to the child. Clearly, stranger abductions are the most dangerous for children and thus are primary to the mission of an AMBER Alert. To allow activations without valid information that an abduction has occurred could lead to abuse of the system and ultimately weaken its effectiveness. At the same time, each case requires evaluation on its own merits and a swift judgment call. Law enforcement must understand that a “best judgment” approach, based on the evidence, is appropriate and necessary.
Risk of Serious Bodily Injury or Death
Plans require the presence of risk of serious bodily harm or death to a child before authorities can issue an alert. This element dovetails with law enforcement’s recognition that stranger abductions represent the greatest danger to children. The need for timely, accurate information based on strict and clearly understood criteria is critical, again keeping in mind the “best judgment” approach.
Sufficient Detail and Description
For an AMBER Alert to be effective in recovering a missing child, the law enforcement agency must have enough information to believe that an immediate broadcast to the public will effectively help locate the child and apprehend the suspect. This means that officers need to know as much information about the child, the abduction, the abductor and the abductor’s vehicle. Issuing alerts without significant information that an abduction has occurred could lead to abuse of the system and ultimately make it less effective.
Age of Child
Every state should adopt the “17 years of age or younger” standard; or, at a minimum, agree to honor the request of any other state to issue an AMBER Alert, even if the case does not meet the responding state’s age requirement, as long as it meets the age criterion of the requesting state. Most AMBER plans call for activation of the alert for children under a certain age. The problem is that age can vary---some plans specify 10, some 12, some 14, 15, and 16. Differences in age requirements create confusion when an activation requires multiple alerts across states and jurisdictions.
NCIC Data Entry
Law enforcement personnel should immediately enter AMBER Alert data into the National Crime Information Center (NCIC) system and flag it as a Child Abduction. This should include the circumstances surrounding the abduction of the child. Many plans do not mandate entry of the data into NCIC, but this omission undermines the entire mission of the AMBER Alert initiative. The notation on the entry must explain the circumstances of the disappearance of the child. Entry of the alert data into NCIC expands the search for an abducted child from the local, state, or regional level to the national.
Summary of Department of Justice Recommended Criteria
There is reasonable belief by law enforcement that an abduction has occurred.
The law enforcement agency believes that the child is in imminent danger of serious bodily injury or death.
There is enough descriptive information about the victim and the abduction for law enforcement to issue an AMBER Alert to assist in the recovery of the child.
The abduction is of a child aged 17 years or younger.
The child’s name and other critical data elements, including the Child Abduction flag, have been entered into the National Crime Information Center (NCIC) system.
