DAR File No. 44163
This rule was published in the November 15, 2019, issue (Vol. 2019, No. 22) of the Utah State Bulletin.
Public Safety, Criminal Investigations and Technical Services, Criminal Identification
Rule R722-400
Silver Alert Notification System
Notice of Proposed Rule
(New Rule)
DAR File No.: 44163
Filed: 10/30/2019 09:46:21 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule is required as a result of the passage of H.B. 215, passed in the 2019 General Session. This rule is authorized under Section 53-10-704. The purpose of this rule is to establish policies, procedures and a timeline for the request of a Silver Alert, activation of the Silver Alert Notification System, duration of the Silver Alert, and cancellation of a Silver Alert.
Summary of the rule or change:
This rule outlines the process by which a law enforcement officer or agency may request a Silver Alert through the State Bureau of Criminal Identification (BCI), activation of the Silver Alert Notification System by the Utah Department of Transportation (UDOT), the duration of a Silver Alert once requested by a law enforcement officer or agency, and the process for cancellation of a Silver Alert.
Statutory or constitutional authorization for this rule:
- Section 53-10-704
Anticipated cost or savings to:
the state budget:
When completing the fiscal note for H.B. 215 (2019), BCI anticipated a possible cost of approximately $4,900 to implement technology system programming changes.
local governments:
BCI does not anticipate any costs or savings to local governments as a result of the enactment of this administrative rule because law enforcement officers and agencies that will request a Silver Alert will do so using their existing UCJIS (Utah Criminal Justice Information System) login. No additional equipment or programming will be required in order for them to submit a request.
small businesses:
BCI does not anticipate any costs or savings to small businesses as a result of the enactment of this administrative rule because small businesses will not be submitting a request for a Silver Alert using the system, nor will they be fiscally impacted by law enforcement's use of the system. The system will be used to alert drivers on the highways when an endangered adult is missing in their geographical area.
persons other than small businesses, businesses, or local governmental entities:
BCI does not anticipate any costs or savings to persons other than small businesses, businesses or local government entities as a result of the enactment of this administrative rule because they will not be submitting a request for a Silver Alert using the system, nor will they be fiscally impacted by law enforcement's use of the system. The system will be used to alert drivers on the highways when an endangered adult is missing in their geographical area.
Compliance costs for affected persons:
There are not any compliance costs for affected persons. There will not be a charge assessed to the missing endangered adult or their family members as a result of an activation of the Silver Alert Notification System for the purposes of assisting with expediting locating them. Law enforcement officers and agencies will utilize the existing UCJIS system to request a Silver Alert, so there will not be compliance costs associated in order for them to submit a request for a Silver Alert.
Comments by the department head on the fiscal impact the rule may have on businesses:
There are not any businesses in Utah that will be impacted as a result of the enactment of this rule. The rule establishes policies, procedures, and a timeline for the request of a Silver Alert, activation of the Silver Alert Notification System, duration of the Silver Alert, and cancellation of a Silver Alert. These functions will be performed by law enforcement, BCI, and UDOT.
Jess L. Anderson, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
Public SafetyCriminal Investigations and Technical Services, Criminal Identification
3888 W 5400 S
TAYLORSVILLE, UT 84118
Direct questions regarding this rule to:
- Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov
- Nicole Borgeson at the above address, by phone at 801-281-5072, by FAX at , or by Internet E-mail at nshepherd@utah.gov
- Greg Willmore at the above address, by phone at 801-965-4533, by FAX at , or by Internet E-mail at gwillmor@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
12/16/2019
This rule may become effective on:
12/24/2019
Authorized by:
Greg Willmore, Division Director
RULE TEXT
Appendix 1: Regulatory Impact Summary Table*
|
Fiscal Costs |
FY 2020 |
FY 2021 |
FY 2022 |
|
State Government |
$0 |
$0 |
$0 |
|
Local Government |
$0 |
$0 |
$0 |
|
Small Businesses |
$0 |
$0 |
$0 |
|
Non-Small Businesses |
$0 |
$0 |
$0 |
|
Other Person |
$0 |
$0 |
$0 |
|
Total Fiscal Costs: |
$0 |
$0 |
$0 |
|
|
|
|
|
|
Fiscal Benefits |
|
|
|
|
State Government |
$0 |
$0 |
$0 |
|
Local Government |
$0 |
$0 |
$0 |
|
Small Businesses |
$0 |
$0 |
$0 |
|
Non-Small Businesses |
$0 |
$0 |
$0 |
|
Other Persons |
$0 |
$0 |
$0 |
|
Total Fiscal Benefits: |
$0 |
$0 |
$0 |
|
|
|
|
|
|
Net Fiscal Benefits: |
$0 |
$0 |
$0 |
*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.
Appendix 2: Regulatory Impact to Non-Small Businesses
There are no non-small businesses in Utah that will be impacted as a result of the enactment of this rule. This rule establishes policies, procedures, and a timeline for the request of a Silver Alert, activation of the Silver Alert Notification System, duration of the Silver Alert, and cancellation of a Silver Alert. These functions will be performed by law enforcement, BCI, and UDOT.
The head of the Department of Public Safety, Jess L. Anderson, has reviewed and approved this fiscal analysis.
R722. Public Safety, Criminal Investigations and Technical Services, Criminal Identification.
R722-400. Silver Alert Notification System.
R722-400-1. Purpose.
The purpose of this rule is to establish policies, procedures and a timeline for the request of a Silver Alert, activation of the Silver Alert Notification System, duration of the Silver Alert, and cancellation of a Silver Alert.
R722-400-2. Authority.
This rule is authorized by Section 53-10-704.
R722-400-3. Definitions
(1) Terms used in this rule are defined in Section 53-10-702.
(2) In addition:
(a) "BCI" means the State Bureau of Criminal Identification;
(b) "UCJIS" means the Utah Criminal Justice Information System; and
(c) "UDOT" means the Utah Department of Transportation.
R722-400-4. Request for a Silver Alert.
(1) In order to submit a request for a Silver Alert following the report of a missing endangered adult, a law enforcement officer or agency shall:
(a) determine that the missing individual meets the criteria to be designated as an endangered adult as defined in Section 53-10-702;
(b) identify the specific area in which the endangered adult was last seen; and
(c) contact BCI using the UCJIS system.
(2) Upon receipt of a request for a Silver Alert from a law enforcement officer or agency, BCI shall transmit the information to UDOT to activate the Silver Alert Notification System.
(3) UDOT shall activate the electronic signs based on the last know location of the individual that was reported via UCJIS.
(4) UDOT will transmit the alert notification on the UDOT electronic signs for 8 hours during the day, or 16 hours if the alert is issued after 7:00 p.m., unless the alert is cancelled earlier in accordance with Section R722-400-5.
(5) The law enforcement officer or agency may contact the BCI Help Desk to request that electronic signs be activated in locations other than the last know location of the individual.
(6) The BCI Help Desk may enter, modify, or cancel an alert if the agency is unable to do such.
R722-400-5. Cancellation of a Silver Alert.
(1) In order to cancel a Silver Alert, a law enforcement officer or agency shall cancel the alert via UCJIS upon determination the alert is no longer needed.
KEY: Silver Alert, missing endangered adult, missing
Date of Enactment or Last Substantive Amendment: 2019
Authorizing, and Implemented or Interpreted Law: 53-10-704
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20191115.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov; Nicole Borgeson at the above address, by phone at 801-281-5072, by FAX at , or by Internet E-mail at nshepherd@utah.gov; Greg Willmore at the above address, by phone at 801-965-4533, by FAX at , or by Internet E-mail at gwillmor@utah.gov. For questions about the rulemaking process, please contact the Office of Administrative Rules.