Note.

Parts I to VII, Chapters 12-01 to 12-43, listed below, were repealed with the enactment of Title 12.1, the North Dakota Criminal Code, in 1973, effective July 1, 1975.

Part I General Provisions

CHAPTER 12-01 Definition, Classification, Application [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-02 Parties [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-03 Conspiracy [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-04 Attempt to commit crime [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-05 Defenses [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-06 Punishments [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

Part II Offenses Against the State

CHAPTER 12-07 Treason, Misprision of Treason, and Desecration of the Flag [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41; 1975, ch. 117, § 4]

CHAPTER 12-08 Offenses by and Against Executive and Administrative Officers [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-09 Offenses Against the Legislative Power [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-10 Offenses Against Public Property and Revenue [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-11 Offenses Against the Elective Franchise [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

Part III Offenses Against Public Justice

CHAPTER 12-12 Bribery and Misconduct of Judicial Officers [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-13 Offenses Involving Judicial and Public Records [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-14 Perjury and Subornation of Perjury [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-15 Falsifying, Destroying, or Suppressing Evidence [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-16 Rescues, Escapes, and Aiding Therein [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-17 Miscellaneous Offenses Against Public Justice [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

Part IV Offenses Against the Public Community

CHAPTER 12-18 Offenses Against the Public Safety [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-19 Offenses Against the Public Peace and Suppression Thereof [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-20 Dueling [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-21 Offenses Against Religion and Conscience [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-21.1 Sunday Business and Labor Prohibitions [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-22 Offenses Against Public Decency and Morals [Repealed]

[Repealed by S.L. 1951, ch. 115, § 1; 1965, ch. 103, § 1; 1973, ch. 116, § 41; 1973, ch. 117, § 4]

CHAPTER 12-23 Gambling [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-24 Lotteries [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

Part V Offenses Against the Person

CHAPTER 12-25 Abortion — Concealing death of child [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-26 Assault and Battery [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-27 Homicide [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-28 Libel and Slander [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-29 Maiming [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-30 Rape and Carnal Abuse [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-31 Robbery [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-32 Seduction and Abduction [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-33 Suicide [Repealed]

[Repealed by S.L. 1967, ch. 108, § 1; 1973, ch. 116, § 41]

Part VI Offenses Against Property

CHAPTER 12-34 Arson [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-35 Burglary and Housebreaking [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-36 Embezzlement [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-37 Extortion [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-38 False Personations and Cheats — Swindling [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-39 Forgery and Counterfeiting [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-40 Larceny [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-41 Malicious Offenses Against Property [Repealed]

[Repealed by S.L. 1965, ch. 106, § 2; 1973, ch. 116, § 41]

Part VII Miscellaneous Crimes

CHAPTER 12-42 Kidnapping, Wearing Masks, False Registration, Vagrancy, Eavesdropping, and Regulation of Pawnbrokers [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-43 Sale of Tobacco and Contraceptives [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

Part VIII Penal and Correctional Institutions

CHAPTER 12-44 County Jails and Workhouses [Repealed]

[Repealed by S.L. 1979, ch. 172, § 29]

Note.

For present provisions, see ch. 12-44.1.

CHAPTER 12-44.1 Jails and Regional Correction Centers

12-44.1-01. Definitions.

As used in this chapter:

  1. “Administrator” means the sheriff, chief of police, administrator, superintendent, director, or other individual serving as the chief executive officer of a correctional facility.
  2. “Adult lockup” means a secure temporary-hold nonresidential facility that does not hold individuals overnight and includes a facility with cuffing rails or cuffing benches.
  3. “Correctional facility” means a city or county jail or detention center, regional corrections center, or juvenile detention center for the detention or confinement of persons in accordance with law. The use of the term does not imply and may not be used to require the provision of services including treatment, counseling, career and technical education, or other educational services, except as may otherwise be required or provided for under this chapter.
  4. “Correctional facility staff” means correctional personnel with titles such as jailer, deputy, counselor, correctional officer, or any other title, whose duties include the ongoing supervision of inmates in a correctional facility.
  5. “Court holding facility” means a secure facility, other than an adult correctional facility or adult lockup, used to temporarily detain individuals before or after a detention hearing or other court proceedings, and is not used to detain individuals overnight.
  6. “Inmate” means any individual, whether sentenced or unsentenced, who is detained or confined in a correctional facility. The term does not include an individual who is under the supervision of the correctional facility and is supervised under home detention, electronic monitoring, or a similar program that does not involve physical detention or confinement in the facility.
  7. “Jail” means a correctional facility, including a county or city jail or a regional corrections center.
  8. “Juvenile detention center” means a publicly maintained correctional facility for the detention of juveniles. The term does not include the North Dakota youth correctional center.
  9. “Regional corrections center” means a correctional facility established and maintained by more than one county or city, or a combination of counties and cities, for the confinement of inmates.
  10. “Trained correctional facility staff” means correctional personnel who have completed a course of training approved by the peace officer standards and training board.

Source:

S.L. 1979, ch. 172, § 2; 1997, ch. 113, § 1; 2003, ch. 138, § 6; 2011, ch. 91, § 1; 2013, ch. 97, § 1.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 97, S.L. 2013 became effective August 1, 2013.

The 2011 amendment of this section by section 1 of chapter 91, S.L. 2011 became effective July 1, 2011.

12-44.1-02. Establishing correctional facilities — Correctional facility contracts — Regional corrections centers.

  1. For the confinement of lawfully committed persons, the governing body of a county or city shall:
    1. Establish and maintain a correctional facility at county or city expense;
    2. Contract for correctional facility services and use of correctional facilities with another county or city that maintains a correctional facility or with the state or federal government; or
    3. Establish and maintain, pursuant to chapter 54-40 or 54-40.3 and this chapter, a correctional facility in conjunction with other counties and cities.
  2. Subject to the requirements of section 12-44.1-31, the governing body of a correctional facility may contract with a state or a regional correctional center, county, or city of another state for the confinement of lawfully committed state, county, or city inmates from the other state.
  3. The governing body of a correctional facility may contract with a state or a regional correctional center, county, or city of another state for the confinement of lawfully committed North Dakota inmates in a county, city, or regional correctional facility of another state.
  4. The governing body of a correctional facility may contract with another correctional facility in this state for correctional services for purposes of safety, security, health and medical reasons, or for correctional facility administration.
  5. The governing body of a correctional facility may contract for the confinement of inmates lawfully sentenced by a tribal court.
  6. The governing body of a correctional facility may contract for correctional facility services with a privately operated correctional facility. Contracts with private agencies that provide correctional facility services may be entered into for up to seven years.

Source:

S.L. 1979, ch. 172, § 1; 1981, ch. 151, § 1; 1985, ch. 168, § 1; 1989, ch. 155, § 1; 1997, ch. 113, § 2; 2007, ch. 110, § 1; 2009, ch. 115, § 1.

Collateral References.

Civil liability of officer charged with keeping jail or prison for death or injury of prisoner, 14 A.L.R.2d 353.

Provision of religious facilities for prisoners, 12 A.L.R.3d 1276.

Liability of prison authorities for injury to prisoner directly caused by assault by other prisoner, 41 A.L.R.3d 1021.

Prison conditions as amounting to cruel and unusual punishment, 51 A.L.R.3d 111.

Seizure of prison official by inmates as kidnapping, 59 A.L.R.3d 1306.

Duress, necessity, or conditions of confinement as justification for escape from prison, 69 A.L.R.3d 678.

Civil liability of prison or jail authorities for self-inflicted injury or death of prisoner, 79 A.L.R.3d 1210.

Right of jailed or imprisoned parent to visit from minor child, 15 A.L.R.4th 1234.

Right of one governmental subdivision to sue another such subdivision for damages, 11 A.L.R.5th 630.

12-44.1-03. Safety and sanitation.

  1. Each correctional facility shall comply with state and local fire, sanitation, safety, and health codes.
  2. The administrator of a correctional facility, to ensure adequate fire protection, shall install firefighting equipment at appropriate locations throughout the correctional facility.
  3. Each correctional facility shall have a smoke detection system approved by the state fire marshal and tested on a regular basis.
  4. Designated exits must permit prompt evacuation of inmates and correctional facility staff in an emergency.

Source:

S.L. 1979, ch. 172, § 11; 1997, ch. 113, § 3.

Collateral References.

Sheriff’s liability for negligence causing injury to prisoner, 60 A.L.R.2d 873.

12-44.1-04. Administration — Organization — Management.

The administrator of each correctional facility shall:

  1. Formulate an operations manual, available to all correctional facility staff, which delineates the written policies and procedures for operating and maintaining the correctional facility.
  2. Review and update all policies and procedures in the operations manual at least annually.
  3. Specify an administrator in the operations manual to whom all correctional facility staff are responsible. The operations manual shall include the administrator’s duties, responsibilities, and authority for the management of the correctional facility staff, inmates, programs, and physical plant.
  4. Ensure that correctional facility staff who work in direct and continuing contact with inmates receive correctional facility training as determined and approved by the peace officer standards and training board.

Source:

S.L. 1979, ch. 172, § 12; 1981, ch. 154, § 12; 1989, ch. 156, § 1; 1997, ch. 113, § 4; 2013, ch. 97, § 2.

Effective Date.

The 2013 amendment of this section by section 2 of chapter 97, S.L. 2013 became effective August 1, 2013.

12-44.1-05. Meal payments.

An administrator or correctional facility staff member receiving lump sum monthly payments for providing inmate meals shall submit an itemized account of the meal expenses to the governing body of the correctional facility. Any amount of the monthly payment in excess of the itemized account shall be returned to the general operating fund or be given as salary to the person providing the meals, as determined by the governing body of the correctional facility.

Source:

S.L. 1979, ch. 172, § 15; 1997, ch. 113, § 5.

12-44.1-06. Grades of correctional facilities.

  1. The department of corrections and rehabilitation shall, following inspection pursuant to section 12-44.1-24, grade correctional facilities as to length of allowable inmate confinement based upon construction, size, and usage, as follows:
    1. “Grade one” means a correctional facility for confining inmates not more than one year.
    2. “Grade two” means a correctional facility for confining inmates not more than ninety days.
    3. “Grade three” means a correctional facility for confining inmates not more than ninety-six hours.
    4. “Grade four” means an adult lockup or court holding facility in which individuals may not be detained overnight.
  2. The length of confinement of a prisoner may be temporarily increased on a case-by-case basis in grade one and grade two correctional facilities upon the request of the administrator and the approval of the department of corrections and rehabilitation.

Source:

S.L. 1979, ch. 172, § 3; 1983, ch. 159, § 1; 1989, ch. 156, § 2; 1993, ch. 113, § 1; 1997, ch. 113, § 6; 2007, ch. 110, § 2; 2009, ch. 116, § 1; 2013, ch. 97, § 3.

Effective Date.

The 2013 amendment of this section by section 3 of chapter 97, S.L. 2013 became effective August 1, 2013.

12-44.1-06.1. Correctional facilities standards.

Grade two and grade three correctional facilities do not need to provide outdoor recreation areas or exercise rooms separate from dayrooms. Correctional facilities may allow contact visitation subject to the safety, security, and administration requirements of the correctional facility.

Source:

S.L. 1983, ch. 159, § 2; 1997, ch. 113, § 7.

12-44.1-06.2. Female inmates in grade one correctional facilities.

Expired under S.L. 2003, ch. 666, § 11.

12-44.1-06.3. Female inmates in grade one correctional facilities.

Expired under S.L. 2005, ch. 43, § 13.

12-44.1-07. Who may be confined in correctional facilities.

The following persons may be confined in a correctional facility:

  1. Persons charged with offenses or ordered by a court to be detained for trial.
  2. Persons committed by a court to confinement in order to secure their attendance as witnesses at the trial of any criminal cause.
  3. Persons sentenced to imprisonment upon conviction of an offense and any other person committed or detained as authorized by law.

Source:

S.L. 1979, ch. 172, § 4; 1997, ch. 113, § 8.

Cross-References.

Military courts, confinement of persons committed by, see N.D.C.C. § 37-09-17.

12-44.1-07.1. Management of inmate population.

  1. The governing body of a correctional facility, in cooperation with law enforcement, state’s attorneys, and the judiciary in the judicial district in which the correctional facility is located, shall develop an inmate population plan to prioritize admissions and inmate retention based on the correctional facility’s authorized budget.
  2. The inmate population plan must take into consideration:
    1. The governing body’s authorized budget;
    2. The inmate’s offense;
    3. Whether the inmate has been charged, adjudicated, or sentenced;
    4. Whether the inmate presents a risk of flight or is a danger to others or self;
    5. The inmate’s medical needs and mental and behavioral health needs; and
    6. Whether the inmate is subject to mandatory incarceration.
  3. The inmate population plan must include alternatives to physical custody of individuals under charge or conviction of an offense. Potential alternatives to physical custody include:
    1. Placement in a community setting;
    2. Work release;
    3. Home detention;
    4. Electronic home detention;
    5. Global positioning system monitoring;
    6. Medical, psychiatric, and drug and alcohol treatment;
    7. Employment;
    8. Pretrial risk assessment; and
    9. Pretrial supervision.
  4. This section does not apply when there are exigent circumstances that affect a correctional facility’s operations and inmate population, including acts of God and mass arrests.
  5. The department of corrections and rehabilitation shall provide technical assistance relating to the implementation of this section to the governing body of a correctional facility upon request from the governing body.

Source:

S.L. 2017, ch. 40, § 8, effective July 1, 2017.

12-44.1-08. Confinement of state and federal inmates.

  1. Grade one correctional facilities may contract for the confinement of offenders in the custody of the department of corrections and rehabilitation if sufficient room is not available at the penitentiary, for purposes of safety, security, discipline, medical care, or when the department of corrections and rehabilitation determines it may be in the best interests of the offender or the department of corrections and rehabilitation.
  2. A correctional facility to which a person is sent or committed by legal process issued by or under the authority of the United States shall receive such person into custody for safe detention until discharged under federal law.
  3. A correctional facility detaining or confining federal inmates is entitled to compensation in accordance with fee schedules established by the United States.
  4. A grade one or grade two correctional facility may be used for the detention of a fugitive from justice in accordance with any act of Congress or the laws of another state. The correctional facility is entitled to reasonable compensation from the officer or jurisdiction regaining custody of the fugitive.

Source:

S.L. 1979, ch. 172, § 5; 1985, ch. 169, § 3; 1997, ch. 113, § 9.

Cross-References.

Grades of correctional facilities, see N.D.C.C. § 12-44.1-06.

12-44.1-09. Housing of inmates.

Each correctional facility shall adopt a classification system for inmates to provide for the security, safety, and order of the correctional facility and for the safety and security of the community. If the correctional facility has adopted a classification system approved by the department of corrections and rehabilitation, the correctional facility is not required to comply with subsections 3, 4, and 5. In grade one and grade two correctional facilities and, where practicable, in grade three correctional facilities, the following groups of inmates must be housed separately from each other:

  1. Female inmates from male inmates.
  2. Juveniles from adults, except that an adult held under a delinquency proceeding may be held with juveniles and a juvenile transferred or waived to adult court on a felony criminal offense may be housed with adults in a jail or regional correctional facility.
  3. Persons detained for hearing or trial from inmates under sentence of imprisonment, unless authorized to be housed together by the administrator for security, order, or rehabilitation.
  4. Persons detained for hearing or trial or under sentence of imprisonment from persons otherwise detained by order of the court, unless authorized to be housed together by the administrator for security, order, or rehabilitation.
  5. Inmates who may have special needs as determined by the correctional facility or whose behavior may present a serious threat to the safety or security of the correctional facility, the staff, the inmate, or other inmates.

Source:

S.L. 1979, ch. 172, § 6; 1985, ch. 169, § 1; 1997, ch. 113, § 10; 1999, ch. 112, § 1; 2007, ch. 111, § 1.

Cross-References.

Grades of correctional facilities, see N.D.C.C. § 12-44.1-06.

12-44.1-10. Detained witnesses and pretrial detainees.

Detained witnesses and persons held in custody awaiting arraignment or trial may not be restricted in their activities to any extent greater than required to maintain order and security and to assure appearance at arraignment or trial. Witnesses and pretrial detainees shall not be required to do labor other than keeping their living areas clean nor shall they be required to participate in correctional facility programs.

Source:

S.L. 1979, ch. 172, § 7; 1985, ch. 169, § 2; 1997, ch. 113, § 11.

12-44.1-11. Commitment papers — Copies — Endorsement.

When an inmate is confined by virtue of any process directed to the administrator and the process requires a return to the court from which it was issued, the administrator shall keep a copy of the process with the return made thereon. The copy, certified by the administrator, is prima facie evidence of the administrator’s right to retain the inmate in custody. All instruments or copies by which an inmate is committed or released shall be endorsed and filed by the administrator. The file and its contents shall be delivered to the administrator’s successor.

Source:

S.L. 1979, ch. 172, § 8; 1997, ch. 113, § 12.

12-44.1-12. Inmate personal property.

A written, itemized inventory of all personal property taken from an inmate at the time of admission shall be made by correctional facility staff. The property, including money and other valuables, shall be secured and the inmate given a receipt for all property to be held until the inmate’s release unless the inmate requests a different disposition in writing. Upon release, the items of inmate personal property shall be compared with the inventory list, and the inmate shall sign a receipt for the property’s return. If the inmate is released for transfer to another correctional facility, the correctional officer transporting the inmate shall sign the receipt. The releasing correctional facility shall maintain a copy of the property receipt for its files.

Source:

S.L. 1979, ch. 172, § 16; 1997, ch. 113, § 13.

Collateral References.

Validity and construction of prison regulation of inmates’ possession of personal property, 66 A.L.R.4th 800.

12-44.1-12.1. Establishment of inmate accounts — Withholding funds for inmate financial obligations — Health care costs — Payment of funds to inmate upon release.

  1. The correctional facility administrator shall establish an inmate account for each inmate. The correctional facility administrator may withdraw funds from an inmate’s account to meet the inmate’s legitimate financial obligations, including child support and restitution and for the inmate’s medical, dental, and eye care costs, and establish an administrative procedure for an inmate to appeal the withdrawal of the funds.
  2. The correctional facility administrator shall pay an inmate all funds in the inmate’s account when the inmate is discharged from the correctional facility or when the inmate is transferred to another correctional facility, less the inmate’s outstanding obligations to the correctional facility.
  3. This section does not limit or alter the provisions of chapter 14-09 relating to income withholding orders for child support.

Source:

S.L. 2001, ch. 124, § 1; 2011, ch. 91, § 2.

Effective Date.

The 2011 amendment of this section by section 2 of chapter 91, S.L. 2011 became effective July 1, 2011.

DECISIONS UNDER PRIOR LAW

Analysis

Application.

District court did not err in granting summary judgment in favor of a correctional facility and in finding that former N.D.C.C. § 12-44.1-12.1(3)(a) did not limit the charge to an inmate’s account for a medical visit requested by him to a maximum of $10, and the facility was authorized to withdraw the full amount of the dental services provided to the inmate in the amount of $275. Wheeler v. Gardner, 2006 ND 24, 708 N.W.2d 908, 2006 N.D. LEXIS 16 (N.D. 2006).

Interpretation.

Logical interpretation of former N.D.C.C. § 12-44.1-12.1(3)(a) when read in context with the entire statute, is that it authorizes an additional charge of $10 for each medical visit made at the request of the inmate. The inmate remains liable for the full amount of the actual medical costs incurred. Wheeler v. Gardner, 2006 ND 24, 708 N.W.2d 908, 2006 N.D. LEXIS 16 (N.D. 2006).

Legislature’s inclusion in former N.D.C.C. § 12-44.1-12.1(3) of other provisions authorizing reimbursement for the total amount of medical costs incurred is a clear expression of the legislature’s intent that the $10 fee in former N.D.C.C. § 12-44.1-12.1(3)(a) is not a maximum charge, but rather is an additional fee for each requested medical visit. The statute thereby allows the Correctional Center to recoup some of the expense of arranging and transporting the inmate to an outside appointment or providing on-site health care services, and also serves to deter inmates from excessive and frivolous requests for medical visits. Wheeler v. Gardner, 2006 ND 24, 708 N.W.2d 908, 2006 N.D. LEXIS 16 (N.D. 2006).

“After hours” fee charged for dental services provided outside normal office hours is a “health care cost” under the statute. The Supreme Court of North Dakota believes it is commonly understood that any item directly related to, and billed by the health care provider as, a medical or dental service is a “health care cost.” Wheeler v. Gardner, 2006 ND 24, 708 N.W.2d 908, 2006 N.D. LEXIS 16 (N.D. 2006).

12-44.1-13. Supervision of inmates.

  1. Inmates shall be supervised on a twenty-four-hour basis by trained correctional facility staff.
  2. Correctional facility staff shall be located in proximity to inmate living areas to permit the staff to hear and respond promptly to calls for help.
  3. Each correctional facility shall provide for the personal observation of inmates on an irregular but frequent schedule.
  4. Each correctional facility shall maintain sufficient law enforcement officers with correctional training or trained correctional facility staff to perform all functions relating to the intake and booking, security, control, custody, and supervision of inmates.
  5. A correctional facility female staff member shall be available at all times when a female inmate is confined in the correctional facility.
  6. Inmates shall be prohibited from supervising, controlling, or exerting any authority over other inmates.
  7. The correctional facility shall maintain a daily written record of information concerning inmates.

Source:

S.L. 1979, ch. 172, § 13; 1997, ch. 113, § 14; 2007, ch. 110, § 3.

Collateral References.

Liability of prison authority for injury to prisoner directly caused by assault by other prisoner, 41 A.L.R.3d 1021.

Civil liability of prison or jail authorities for self-inflicted injury or death of prisoner, 79 A.L.R.3d 1210.

12-44.1-14. Inmate rights.

  1. Subject to reasonable safety, security, discipline, and correctional facility administration requirements, the administrator of each correctional facility shall:
    1. Ensure inmates have confidential access to attorneys and their authorized representatives.
    2. Ensure that inmates are not subjected to discrimination based on race, national origin, color, creed, sex, economic status, or political belief.
    3. Ensure equal access by male and female inmates to programs and services available through the correctional facility.
    4. Ensure access to mail, telephone use, and visitors.
    5. Ensure that inmates are properly fed, clothed, and housed.
    6. Ensure that inmates have adequate medical care. Adequate medical care means necessary treatment for a medical or health condition for which serious pain or hardship would occur if care is not given. A correctional facility may not deny adequate medical care to an inmate who does not have health insurance or does not have the ability to pay the costs of the medical or health care.
    7. Ensure that inmates may reasonably exercise their religious beliefs.
  2. Correctional facility staff or an administrator of a correctional facility may not:
    1. Substantially burden the exercise of religion by an offender in the custody of the correctional facility unless the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest;
    2. Treat religious conduct more restrictively than any comparable secular conduct unless the correctional facility demonstrates the disparate treatment is necessary to further a compelling penological interest and is the least restrictive means of furthering that compelling penological interest; or
    3. Deny clergy access to an offender in the custody of the correctional facility for the purpose of providing religious services unless the correctional facility demonstrates the denial is necessary to further a compelling penological interest and is the least restrictive means of furthering that compelling penological interest.
  3. An offender in the custody of a correctional facility claiming to be aggrieved by a violation of subsection 2 may assert, after exhausting appropriate administrative remedies, that violation as a claim or defense in a judicial proceeding and, if the offender is the prevailing party, may obtain appropriate relief, including costs and reasonable attorney’s fees.

Source:

S.L. 1979, ch. 172, § 14; 1997, ch. 113, § 15; 2011, ch. 91, § 4; 2021, ch. 92, § 1, effective August 1, 2021.

Effective Date.

The 2011 amendment of this section by section 4 of chapter 91, S.L. 2011 became effective July 1, 2011.

Notes to Decisions

Medical Care.

Analysis

Registration of Attorney Telephone Numbers.

District court properly granted the correctional facility summary judgment on an inmate’s action for violation of his Sixth Amendment and statutory claims because, inter alia, he did not identify any criminal charges he was facing, what specific telephone recordings were used to his detriment, how the recordings might have been used to the government’s advantage, that the facility’s policy allowing inmates or their attorneys to register attorney telephone numbers as confidential numbers not to be monitored constituted a statutory violation, and, even assuming a specific facility standard was violated, defendant’s attorney was not on the list of private numbers. Young v. Burleigh Morton Det. Ctr., 2021 ND 8, 953 N.W.2d 597, 2021 N.D. LEXIS 11 (N.D. 2021).

—Payment.

This section places a duty on the governing body of a jail to pay for medical care and treatment provided to individuals in custody; after paying for the care, the governing body of the jail can seek reimbursement from the prisoner who received the care. United Hosp. v. D'Annunzio, 514 N.W.2d 681, 1994 N.D. LEXIS 86 (N.D. 1994).

—Prejudgment Interest.

In action seeking payment for medical bills for treatment of prisoner in county jail, hospitals were not entitled to prejudgment interest because their claims were not certain; although the county’s obligation to pay for a prisoner’s medical care is fixed by statute, the language in subdivision 6 of this section (as it read prior to the 2011 amendment) is ambiguous, and because the supreme court had not previously construed this section, the hospitals’ claims were uncertain and unliquidated. United Hosp. v. D'Annunzio, 514 N.W.2d 681, 1994 N.D. LEXIS 86 (N.D. 1994).

Collateral References.

Provision of religious facilities for prisoners, 12 A.L.R.3d 1276.

Right of jailed or imprisoned parent to visit from minor child, 15 A.L.R.4th 1234.

Right of jailed or imprisoned parent to visit from minor child, 15 A.L.R.4th 1234.

Constitutional Right of Prisoners to Abortion Services and Facilities, 28 A.L.R.6th 485.

Provision of hormone therapy or sexual reassignment surgery to state inmates with Gender Identity Disorder (GID), 89 A.L.R.6th 701.

12-44.1-15. Searches.

Searches of inmates may only be conducted:

  1. Without undue or unnecessary force or indignity to the person searched.
  2. When reasonably necessary to control contraband in the institution or to recover missing or stolen property.

Source:

S.L. 1979, ch. 172, § 17; 1997, ch. 113, § 16.

Cross-References.

Searches and seizures, generally, see N.D. Const. Art. I, § 8.

12-44.1-16. Annoyance of inmate prohibited — Penalty. [Repealed]

Repealed by S.L. 1997, ch. 113, § 29.

12-44.1-17. Inmate educational and counseling programs.

A correctional facility may utilize the resources of the community to provide inmates with available educational, career and technical education, counseling, and work release opportunities. A correctional facility may, if possible, and subject to reasonable safety, security, discipline, and correctional facility administration requirements, provide opportunities for access to available religious, mental health, alcoholism, and addiction counseling by inmates desirous of such counseling.

Source:

S.L. 1979, ch. 172, § 23; 1997, ch. 113, § 17; 2003, ch. 138, § 7.

12-44.1-18. Inmate work programs.

A correctional facility may maintain a written inmate work assignment plan that provides for inmate employment, subject to the number of work opportunities available and the maintenance of reasonable safety, security, discipline, and correctional facility administration requirements. The inmate work plan may provide for inmate employment in correctional facility maintenance and operation, in public works projects, or in community service projects.

Source:

S.L. 1979, ch. 172, § 21; 1997, ch. 113, § 18.

Cross-References.

Compensation of penitentiary inmates, see N.D.C.C. § 12-48-14.

Sale of articles produced by inmates, see N.D.C.C. § 12-48-06.

Collateral References.

Failure of prisoner to return at expiration of work furlough or other permissive release period as crime of escape, 76 A.L.R.3d 658.

12-44.1-18.1. Inmate work release program.

A correctional facility may provide for a work release program for inmates unless the court has ordered that an inmate may not receive work release. Work release projects may include public service and community service projects, and may utilize any particular skill or trade of participating inmates. The correctional facility shall take measures to maintain correctional facility security and safety and to protect the safety of the public.

Source:

S.L. 1985, ch. 170, § 1; 1997, ch. 113, § 19.

12-44.1-18.2. Work release program — Room and board costs to be paid by inmate.

Any inmate who participates in a work release program shall pay the correctional facility for the room and board costs incurred by the inmate while confined in the correctional facility, residential halfway house, or similar alternative facility. The administrator shall determine the amount of meal and lodging costs to be paid by the inmate. The amount to be paid by the inmate while confined in a correctional facility may not exceed twenty dollars per day or the funds earned by the inmate, whichever is less. The amount to be paid by the inmate while placed in a residential halfway house or similar alternative facility may not exceed the actual cost per day or the funds earned by the inmate, whichever is less.

Source:

S.L. 1995, ch. 119, § 1; 1997, ch. 113, § 20; 1999, ch. 112, § 2; 2011, ch. 92, § 1.

Effective Date.

The 2011 amendment of this section by section 1 of chapter 92, S.L. 2011 became effective August 1, 2011.

12-44.1-19. Removal of inmate in emergency not an escape.

If a correctional facility or any adjoining building shall be on fire or another emergency occurs, and the inmates may be exposed to danger, the correctional facility staff shall remove the inmates to a place of safety, and there confine them as long as necessary to avoid the danger. The removal and confinement shall not be deemed an escape of such inmates.

Source:

S.L. 1979, ch. 172, § 20; 1997, ch. 113, § 21.

12-44.1-20. Punishment of inmate.

A correctional facility shall adopt rules for safety, security, discipline, and correctional facility administration. If an inmate violates any of the rules of a correctional facility, the correctional facility may impose disciplinary sanctions in accordance with its rules.

Source:

S.L. 1979, ch. 172, § 18; 1997, ch. 113, § 22.

12-44.1-21. Prohibited acts.

  1. It is unlawful for a person to willfully:
    1. Manufacture, or possess with intent to manufacture, a controlled substance in a correctional facility.
    2. Deliver, or possess with intent to deliver, a controlled substance in a correctional facility. This subsection does not apply to the possession or delivery of controlled substances in accordance with the orders or prescription of a licensed physician and the approval, except in emergency circumstances, of the correctional facility administrator.
    3. A person who violates this subsection is guilty of a class A felony.
  2. It is unlawful for an inmate detained in a correctional facility to possess any controlled substance except in accordance with the prescription or orders of a licensed physician, and the approval, except in emergency circumstances, of the correctional facility administrator. It is unlawful for an inmate in a correctional facility to possess alcohol or alcoholic beverages. If a correctional facility has adopted a rule banning the possession of tobacco in a correctional facility, it is unlawful for an inmate in a correctional facility to possess any tobacco except when the correctional facility administrator has authorized possession of tobacco for religious purposes or when on an authorized release from the correctional facility. An inmate who violates this subsection with respect to:
    1. Possession of a controlled substance is guilty of a class B felony.
    2. Possession of alcohol or alcoholic beverages is guilty of a class A misdemeanor.
    3. Possession of tobacco is guilty of a class B misdemeanor.
  3. It is unlawful for a person to willfully deliver alcohol or alcoholic beverages to an inmate in a correctional facility. It is unlawful for a person to willfully deliver tobacco to an inmate in a correctional facility that has adopted a rule banning the possession of tobacco except when the correctional facility administrator has authorized possession of tobacco for religious purposes or when the inmate is on an authorized release from the correctional facility. A person who violates this subsection by:
    1. Delivery of alcohol or alcoholic beverages to an inmate in a correctional facility is guilty of a class A misdemeanor.
    2. Delivery of tobacco to an inmate in a correctional facility is guilty of a class B misdemeanor.
  4. It is unlawful for a person who is not an inmate to willfully possess a controlled substance in a correctional facility except in accordance with the orders or prescription of a licensed physician. A person who violates this subsection is guilty of a class B felony.
  5. It is unlawful for an inmate in a correctional facility to willfully procure, make, or possess an object, including a shard made of any material or a weapon, firearm, ammunition, or explosive material, intended to be used for an assault on another person or to damage property. An inmate in a correctional facility who violates this subsection with respect to:
    1. A shard or weapon that is not a dangerous weapon or firearm as defined in section 62.1-01-01 is guilty of a class B felony.
    2. Ammunition, a knife of any length, a weapon that is a dangerous weapon or firearm as defined in section 62.1-01-01, or explosive material is guilty of a class A felony.
  6. It is unlawful for a person to deliver or provide to an inmate in a correctional facility an object intended to be used for an assault on another person or to damage property. A person who violates this subsection with respect to:
    1. A shard or weapon that is not a dangerous weapon or firearm as defined in section 62.1-01-01 is guilty of a class B felony.
    2. Ammunition, a knife of any length, a weapon that is a dangerous weapon or firearm as defined in section 62.1-01-01, or is an explosive or destructive device is guilty of a class A felony.
  7. As used in this section, “controlled substance” is as defined in section 19-03.1-01 and includes counterfeit substances as defined in section 19-03.1-01. As used in this section, “willfully” is as defined in section 12.1-02-02. As used in this section, “alcohol” and “alcoholic beverage” are as defined in section 5-01-01. As used in this section, “tobacco” means any form of tobacco, including cigarettes, cigars, snuff, or tobacco in any form in which it may be used for smoking or chewing. As used in this section, a wireless electronic communication device includes a cellular telephone, personal digital assistant, pager, mobile broadband card, internet router, digital camera, two-way radio, modem, or any other electronic device capable of wireless transmission, reception, interception, or storage of oral communications, text, electronic mail, video or photograph images, data signals, or radio communications, and also includes a component of a wireless electronic device, regardless whether the component itself is able to transmit, store, or receive oral communications, text, electronic mail, video or photograph images, data signals, or radio communications. A wireless electronic communications device does not include a medically prescribed device or any other device approved by the department.
    1. It is unlawful for an inmate in a correctional facility to willfully manufacture, possess, or use a wireless electronic communication device in a correctional facility except for law enforcement purposes.
    2. It is unlawful for any person to willfully deliver, or possess with intent to deliver, a wireless electronic communication device to an inmate in a correctional facility or to any person for redelivery to an inmate in a correctional facility, or to allow an inmate to possess or use a wireless electronic communication device in a correctional facility except for law enforcement purposes.
    3. A violation of this subsection is a class C felony.

Source:

S.L. 1979, ch. 172, § 19; 1997, ch. 113, § 23; 2007, ch. 110, § 4; 2009, ch. 116, §§ 2, 3; 2013, ch. 183, § 1.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 183, S.L. 2013 became effective April 26, 2013, pursuant to an emergency clause in section 8 of ch. 183, S.L. 2013.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

Collateral References.

Nature and elements of offense of conveying contraband to state prisoner, 64 A.L.R.4th 902.

Notes to Decisions

Evidence Sufficient.

Evidence was sufficient to sustain defendant's conviction of possessing a weapon in a correctional facility as the pencil was concealed in his mattress, the pencil was altered in a manner to make it more rigid, and defendant acknowledged that it could have been seen as a weapon. State v. Crissler, 2017 ND 249, 2017 N.D. LEXIS 245 (N.D. 2017).

Lay Opinion Testimony Regarding Weapon.

In a case in which defendant was convicted of possessing a weapon in a correctional facility, the detention center officer's testimony that the pencil found under defendant's mattress could be used to stab, that the modifications made the pencil more rigid, and that the pencil could be used to damage property was admissible as lay opinion testimony because the challenged statements were testimony of the officer's perception, they were helpful to the jury in determining whether or not the pencil was a weapon, and they were not based on scientific, technical, or specialized knowledge. State v. Crissler, 2017 ND 249, 2017 N.D. LEXIS 245 (N.D. 2017).

12-44.1-22. Correctional facility register — Contents.

Each administrator is responsible for a correctional facility register in which must be entered such inmate information on such forms as the department of corrections and rehabilitation shall prescribe by rule.

Source:

S.L. 1979, ch. 172, § 9; 1989, ch. 156, § 3; 1997, ch. 113, § 24.

Cross-References.

Officer in charge of jail to report alien convicted of felony to United States immigration officer, see N.D.C.C. § 44-04-04.

12-44.1-23. Jail report. [Repealed]

Repealed by S.L. 1997, ch. 113, § 29.

12-44.1-24. Correctional facility standards — Inspections.

The department of corrections and rehabilitation shall:

  1. Prescribe rules establishing minimum standards for the construction, operation, and maintenance of public or private correctional facilities.
  2. Prescribe rules for the care and treatment of inmates.
  3. Cause rules and regulations to be made available to inmates or be posted in at least one conspicuous place in each correctional facility.
  4. Appoint a correctional facility inspector qualified by special experience, education, or training to inspect each correctional facility at least once each year to determine if the rules and regulations have been complied with. Inspection must include health and safety, fire and life safety, security, rehabilitation programs, recreation, treatment of persons confined, and personnel training.

Source:

S.L. 1979, ch. 172, § 24; 1989, ch. 156, § 5; 1991, ch. 115, § 1; 1997, ch. 113, § 25.

Notes to Decisions

State Penitentiary.

The state penitentiary does not fall within the statutory definition in N.D.C.C. § 12-44.1-01 of a “county jail,” “city jail,” “juvenile detention center,” or “regional corrections and rehabilitation center,” so as to make it subject to chapter 28-32 under this section. Jensen v. Little, 459 N.W.2d 237, 1990 N.D. LEXIS 157 (N.D. 1990).

12-44.1-25. Inspection report — Notice of noncompliance — Hearing.

  1. The correctional facility inspector shall submit a written inspection report to the administrator of the correctional facility and the director of the department of corrections and rehabilitation within thirty days following each inspection.
  2. The inspection report must specify when a correctional facility complies with, or is in violation of, required minimum standards, applicable state or federal law, or the department of corrections and rehabilitation rules for correctional facilities. If a correctional facility is in violation of any required minimum standards, applicable state or federal law, or department of corrections and rehabilitation rules for correctional facilities, the director of the department of corrections and rehabilitation may issue an order of noncompliance. The director shall identify the violation and required corrective measures in the order of noncompliance and specify the time limits within which the correctional facility shall correct the violations. The director shall consider the magnitude or seriousness of the violations and their potential effects on the health and safety of inmates, staff, law enforcement, and the public, the cost of correction, and other information the director considers relevant in establishing the time period for the correctional facility to correct the violations. If the director determines that the violations are limited and minor, the director may issue a letter of noncompliance to the correctional facility and identify the violations and required corrective measures and the correctional facility shall immediately correct the violations.
  3. The director of the department of corrections and rehabilitation may assess the department’s actual costs for inspection and monitoring the correctional facility upon issue of an order of noncompliance to the correctional facility.
  4. If a correctional facility fails to complete required corrective action within the time specified in the order of noncompliance, the director of the department of corrections and rehabilitation may issue an order for full, partial, or temporary closure of the correctional facility. If the director determines that the extent of the noncompliance presents a danger to the health and safety of inmates, staff, law enforcement, visitors, or the public, the director may issue an order of immediate full, partial, or temporary closure without a prior order of noncompliance.
  5. Within thirty days after receipt of a notice or order of full, partial, or temporary closure, the administrator of a correctional facility may request a review of the determination by the department of corrections and rehabilitation pursuant to chapter 28-32. The review must be heard not more than forty-five days following the request, unless the period is extended at the request of the correctional facility. The department of corrections and rehabilitation may direct the correctional facility to pay to the department the reasonable and actual costs incurred by the department for any investigation and proceedings under this section.

Source:

S.L. 1979, ch. 172, § 25; 1989, ch. 156, § 6; 1997, ch. 113, § 26; 2007, ch. 110, § 5.

12-44.1-26. Correctional facility variances.

  1. A correctional facility shall comply with the requirements of the rules adopted by the department of corrections and rehabilitation unless a variance has been granted by the department of corrections and rehabilitation. Any request for a variance must be in writing and must cite the rule in question, the reasons for requesting the variance, the period of time for the variance, and an explanation of how the policy of the rule will be served without strict compliance with the rule.
  2. The department of corrections and rehabilitation may grant a variance if it is determined that:
    1. Compliance with the rule would cause extreme hardship as a result of circumstances which are unique to the correctional facility.
    2. The correctional facility will substantially comply with the policy of the rule during the time of the variance from the rule.
  3. The department of corrections and rehabilitation shall give written reasons for granting or denying a variance request.
  4. In previously existing correctional facilities where specific rules cannot be complied with because of alleged difficulty or undue hardship, exception to specific physical plant rules must be made if the intent of the rule is met and security, supervision of prisoners, established programs, or the safe, healthful, or efficient operation of the correctional facility is not seriously affected.

Source:

S.L. 1979, ch. 172, § 26; 1989, ch. 156, § 7; 1997, ch. 113, § 27.

12-44.1-27. Corrective action — Enforcement. [Repealed]

Repealed by S.L. 2007, ch. 110, § 6.

12-44.1-28. Correctional facility files and records confidentiality. [Effective through August 31, 2022]

  1. The medical, psychological, and treatment records of an inmate are confidential and may not be disclosed directly or indirectly to any person, organization, or agency, except as provided in this section. A court may order the inspection of the records, or parts of the records, upon an application to the court and a showing that there is a proper and legitimate purpose for the inspection and the provision of written authorization from the inmate for the inspection. Notwithstanding any other provision of law relating to privilege or confidentiality, except for the confidentiality requirements of federal drug and alcohol treatment and rehabilitation laws, medical, psychological, or treatment records may be inspected by or disclosed to the following persons, organizations, or agencies without prior authorization from the inmate or an order from the court:
    1. A criminal justice agency as defined in subsection 4 of section 44-04-18.7.
    2. A division, department, official, or employee of the department of corrections and rehabilitation.
    3. A federal, state, regional, county, or municipal correctional facility receiving physical custody of an inmate from the original correctional facility.
    4. A municipal or district court.
    5. The department of human services, a public hospital or treatment facility, or a licensed private hospital or treatment facility.
    1. A person, agency, or institution governed by statutory confidentiality requirements and receiving information or records under this section shall maintain the confidentiality requirements.
    2. Except as provided in subdivision a, a person, organization, or agency receiving confidential records under subsection 1 may not redisclose the records and must maintain the confidentiality of the records.
  2. The employment or work release status of an inmate is an open record.
  3. Records with respect to inmate identification, charges, criminal convictions, bail information, and intake and projected release dates are open records.
  4. Records with respect to a sentenced inmate’s institutional discipline and conduct and protective management are exempt records as defined under section 44-04-17.1.
  5. Institutional discipline and conduct and protective management records of all other inmates are confidential records and may only be disclosed as provided in subsection 1.

Source:

S.L. 2001, ch. 125, § 1.

12-44.1-28. Correctional facility files and records confidentiality. [Effective September 1, 2022]

  1. The medical, psychological, and treatment records of an inmate are confidential and may not be disclosed directly or indirectly to any person, organization, or agency, except as provided in this section. A court may order the inspection of the records, or parts of the records, upon an application to the court and a showing that there is a proper and legitimate purpose for the inspection and the provision of written authorization from the inmate for the inspection. Notwithstanding any other provision of law relating to privilege or confidentiality, except for the confidentiality requirements of federal drug and alcohol treatment and rehabilitation laws, medical, psychological, or treatment records may be inspected by or disclosed to the following persons, organizations, or agencies without prior authorization from the inmate or an order from the court:
    1. A criminal justice agency as defined in subsection 4 of section 44-04-18.7.
    2. A division, department, official, or employee of the department of corrections and rehabilitation.
    3. A federal, state, regional, county, or municipal correctional facility receiving physical custody of an inmate from the original correctional facility.
    4. A municipal or district court.
    5. The department of health and human services, a public hospital or treatment facility, or a licensed private hospital or treatment facility.
    1. A person, agency, or institution governed by statutory confidentiality requirements and receiving information or records under this section shall maintain the confidentiality requirements.
    2. Except as provided in subdivision a, a person, organization, or agency receiving confidential records under subsection 1 may not redisclose the records and must maintain the confidentiality of the records.
  2. The employment or work release status of an inmate is an open record.
  3. Records with respect to inmate identification, charges, criminal convictions, bail information, and intake and projected release dates are open records.
  4. Records with respect to a sentenced inmate’s institutional discipline and conduct and protective management are exempt records as defined under section 44-04-17.1.
  5. Institutional discipline and conduct and protective management records of all other inmates are confidential records and may only be disclosed as provided in subsection 1.

Source:

S.L. 2001, ch. 125, § 1; 2021, ch. 352, § 14, effective September 1, 2022.

12-44.1-29. Provision of medication — Training requirements — Verification — Rules. [Effective through August 31, 2022]

  1. A correctional facility may authorize an employee to provide medication to an inmate of a correctional facility if the employee is:
    1. Licensed or registered under title 43 and is providing the medication within the scope of practice of the profession for which the individual is licensed or registered; or
    2. A correctional facility staff member who has successfully completed a medication assistant I training and competency evaluation program approved by the state department of health under chapter 23-44. The requirements for a medication assistant I training and competency evaluation program must be met, except for the requirement a correctional facility staff member must be a nurse aide or certified nurse aide on the department registry prior to entry into the medication assistant I training and competency evaluation program or following successful completion of the program.
  2. If a correctional facility uses a correctional facility staff member to provide medication to an inmate under subdivision b of subsection 1:
    1. Upon successful completion of the department-approved medication assistant I training and competency evaluation program, the correctional facility staff member may provide medication administration to inmates consistent within the scope and limitations of medication administration included in the medication assistant I training and competency evaluation program; and
    2. The correctional facility shall maintain records of all correctional facility staff members who have successfully completed the department-approved medication assistant I training and competency evaluation program, including verification of successful completion of the program. The department may periodically review the correctional facility’s records to assure compliance with medication assistant I training and competency evaluation requirements.

Source:

S.L. 2007, ch. 112, § 1; 2013, ch. 98, § 1.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 98, S.L. 2013 became effective August 1, 2013.

12-44.1-29. Provision of medication — Training requirements — Verification — Rules. [Effective September 1, 2022]

  1. A correctional facility may authorize an employee to provide medication to an inmate of a correctional facility if the employee is:
    1. Licensed or registered under title 43 and is providing the medication within the scope of practice of the profession for which the individual is licensed or registered; or
    2. A correctional facility staff member who has successfully completed a medication assistant I training and competency evaluation program approved by the department of health and human services under chapter 23-44. The requirements for a medication assistant I training and competency evaluation program must be met, except for the requirement a correctional facility staff member must be a nurse aide or certified nurse aide on the department registry prior to entry into the medication assistant I training and competency evaluation program or following successful completion of the program.
  2. If a correctional facility uses a correctional facility staff member to provide medication to an inmate under subdivision b of subsection 1:
    1. Upon successful completion of the department-approved medication assistant I training and competency evaluation program, the correctional facility staff member may provide medication administration to inmates consistent within the scope and limitations of medication administration included in the medication assistant I training and competency evaluation program; and
    2. The correctional facility shall maintain records of all correctional facility staff members who have successfully completed the department-approved medication assistant I training and competency evaluation program, including verification of successful completion of the program. The department may periodically review the correctional facility’s records to assure compliance with medication assistant I training and competency evaluation requirements.

Source:

S.L. 2007, ch. 112, § 1; 2013, ch. 98, § 1; 2021, ch. 352, § 15, effective September 1, 2022.

12-44.1-30. Correctional officers authorized to carry weapons.

The administrator of a correctional facility may allow a qualified correctional officer to carry a weapon, including a firearm, during the transport of another governmental agency’s prisoner if the correctional facility has a contract with the governmental agency to transport the agency’s prisoners and that contract requires the officer doing the transport to be armed with a weapon. For purposes of this section, “governmental agency” means an agency or department of this state or of any political subdivision in this state, or another state or of a political subdivision of another state, or of the United States. The administrator of a correctional facility shall adopt a policy, approved by the director of the department of corrections and rehabilitation, which establishes the qualifications and training an officer must meet to carry a weapon under this section. Sections 62.1-02-05, 62.1-02-10, and 62.1-03-01 do not apply to the possession and use of a firearm by a qualified correctional officer acting in the course of employment as allowed by this section.

Source:

S.L. 2009, ch. 117, § 1.

12-44.1-31. Contracts for out-of-state inmates — Requirements.

The governing body of a correctional facility that contracts with another state or a regional correctional center, county, or city of another state for the confinement of lawfully committed state, county, or city inmates from the other state is subject to the following conditions:

  1. Before a correctional facility may accept an out-of-state inmate, the governing body of the correctional facility shall approve and sign the contract that authorizes housing out-of-state inmates.
  2. Before accepting an out-of-state inmate, the administrator of the correctional facility shall review the out-of-state inmate’s file and request a nationwide criminal history background check. The administrator may not accept:
    1. Any inmate with a history of escape or attempted escape from official detention as defined under section 12.1-08-06 or under an equivalent federal statute or statute of another state;
    2. Any inmate with a history of institutional violence, including violence against staff or other inmates;
    3. Any inmate who has pled guilty to, or has been convicted of, a crime of violence. For the purpose of this section, a crime of violence includes kidnapping and any violation of any state or federal law when the inmate knowingly or intentionally inflicted, attempted to inflict, or threatened serious bodily injury, or death, or when the inmate was armed with a firearm, dangerous weapon, or destructive device;
    4. An inmate who has been convicted of aggravated assault involving substantial or serious bodily injury, and the offense is a felony under the laws of the sending state or under federal law, unless the administrator has obtained the approval of the department of corrections and rehabilitation in advance of the placement. The state of North Dakota and any officer or employee of the department is immune from any civil liability for damages for personal injury or property damage caused by an inmate placed in a correctional facility under this subsection;
    5. Any inmate who has pled guilty to, or has been convicted of, a sexual offense in which the victim was a child under the age of fifteen years, or the inmate compelled, or attempted to compel, the victim to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, or if in the course of the offense, the inmate inflicted serious or substantial bodily injury on the victim; or
    6. Any inmate who has a documented affiliation as a member of a criminal street gang as defined under section 12.1-06.2-01 or equivalent statute of another state or under federal law.
  3. Out-of-state inmates may not be permitted to leave the premises of the correctional facility except to comply with a court order or to receive medical care.
  4. The correctional facility may not house out-of-state inmates in the same cells with inmates of the department of corrections and rehabilitation.
  5. A contract under this section must include a requirement that if an out-of-state inmate is charged with committing a crime while in the custody of the correctional facility, the sending state shall take custody of the inmate upon the request of the correctional facility and the written consent of the state’s attorney of the county where the correctional facility is located. If the sending state takes custody of the inmate and the state’s attorney requests the inmate be returned to this state for prosecution, the correctional facility is responsible for the cost of returning the inmate to this state for prosecution. If an out-of-state inmate is convicted and sentenced to the legal and physical custody of the department of corrections and rehabilitation for a crime committed while in the custody of the correctional facility, the correctional facility shall reimburse the department for its costs to confine the inmate until completion of the term of imprisonment.
  6. The department of corrections and rehabilitation may not assume custody of an out-of-state inmate placed in a correctional facility in this state under a contract between the governing body of a correctional facility and a sending state except under a lawful sentence and judgment of a district court of this state and after notice to the sending state.
  7. If the state or a political subdivision of this state incurs any cost in the investigation or prosecution of an offense committed by an out-of-state inmate while in the custody of a contracting correctional facility, the correctional facility shall reimburse the state or political subdivision for the costs incurred.
  8. A contract under this section must include a requirement that the sending state shall notify the correctional facility of the expiration date of the out-of-state inmate’s imprisonment when the sending state transfers the out-of-state inmate to the correctional facility and that the sending state shall retake the out-of-state inmate before the expiration date of the out-of-state inmate’s imprisonment.
  9. For purposes of this section, “out-of-state inmate” means an individual who is convicted of a crime in a state other than North Dakota; “sending state” means another state and includes a city, county, or regional correctional center of another state; and “correctional facility” means a facility subject to this chapter.
  10. The correctional facility shall defend, indemnify, and hold harmless the state of North Dakota, its agencies, officers, and employees from and against claims for personal injury or property damage caused by an out-of-state inmate placed in a correctional facility under this section.

Source:

S.L. 2009, ch. 115, § 2.

12-44.1-32. Sentence reduction credit.

An inmate sentenced to a correctional facility under this chapter is eligible to earn sentence reductions based upon criteria established by the administrator, including sentence reduction for good conduct. While incarcerated in a correctional facility, an offender may earn no more than a one-day sentence reduction per six days served.

Source:

S.L. 2011, ch. 93, § 1; 2017, ch. 108, § 1, effective April 21, 2017.

Effective Date.

The 2011 amendment of this section by section 1 of chapter 93, S.L. 2011 became effective August 1, 2011.

12-44.1-33. Inmate medical care costs.

An inmate is financially responsible for the costs of medical or health care, except for an intake health care assessment and related testing for an examination of the inmate made at the request of the facility. The correctional facility may seek reimbursement from the inmate up to the total amount of incurred medical or health care costs. If the inmate has health insurance coverage, a medical or health care provider shall file a claim for reimbursement from the health insurance provider. If the inmate does not have health insurance coverage and the inmate’s medical or health care costs are the responsibility of the correctional facility, the correctional facility’s responsibility may not exceed the rates paid under the federal Medicare program. If elective medical or health care is allowed by a correctional facility policy, the inmate must arrange payment for elective medical or health care before receiving care.

Source:

S.L. 2011, ch. 91, § 3.

Effective Date.

This section became effective July 1, 2011.

Cross-References.

Inmate accounts, see N.D.C.C. § 12-44.1-12.1.

Rights to adequate medical care, see N.D.C.C. § 12-44.1-14.

Collateral References.

Provision of hormone therapy or sexual reassignment surgery to state inmates with Gender Identity Disorder (GID), 89 A.L.R.6th 701.

CHAPTER 12-45 Death of Inmates of Penitentiary and North Dakota Youth Correctional Center

12-45-01. Inquest required.

If a person confined in the penitentiary or the North Dakota youth correctional center dies, the warden or superintendent immediately shall notify the coroner of Burleigh County or Morton County, as the case may be, or when there is a vacancy in the office, or the coroner is absent or unable to act, the state forensic examiner. The coroner or the state forensic examiner so notified immediately shall take possession of the body of the deceased and remove the body from the penitentiary or North Dakota youth correctional center and retain the body for at least twenty-four hours, and shall hold an inquest thereon and inquire carefully into the cause of the deceased’s death, in the manner provided by law in cases of persons supposed to have died by unlawful means. No officer or employee of the penitentiary or North Dakota youth correctional center may be placed or permitted to serve on the jury at the inquest.

Source:

R.C. 1895, § 8592; R.C. 1899, § 8592; R.C. 1905, § 10412; C.L. 1913, § 11298; R.C. 1943, § 12-4501; S.L. 1981, ch. 320, § 25; 1991, ch. 326, § 36; 1995, ch. 114, § 5; 1995, ch. 120, § 25.

Cross-References.

Autopsies, see N.D.C.C. § 11-19.1-11.

Autopsy reports, see N.D.C.C. § 23-01-05.5.

Custody of body for inquest, N.D.C.C. § 23-06-02.

When dissection of body permitted, see N.D.C.C. § 23-06-13.

12-45-02. Inquest open to all persons — Exception.

The inquest provided for in section 12-45-01 shall be open to all persons who may wish to attend it, under such rules and regulations as the officer in charge may establish for the orderly conduct of the business. All persons may be excluded from the presence of the body of the deceased whenever there is danger of contracting or spreading a contagious disease, and all spectators may be excluded from the room where the inquest is being held while any officer, employee, or inmate of the institution is being examined.

Source:

R.C. 1895, § 8593; R.C. 1899, § 8593; R.C. 1905, § 10413; C.L. 1913, § 11299; R.C. 1943, § 12-4502.

12-45-03. Who may be required to testify — Procedure.

The officer holding the inquest provided for in section 12-45-01 may require any inmate of the penitentiary or North Dakota youth correctional center to testify at the inquest. The warden or superintendent shall produce before such inquest any inmate of the penitentiary or North Dakota youth correctional center upon the written request of the officer holding the inquest. Any such inmate shall be accompanied by such officer as the warden or superintendent may designate and as may be necessary to prevent the inmate’s escape, and when no longer required before the inquest, the inmate must be returned immediately to the institution of which the person is an inmate. The testimony of each witness taken at the inquest shall be reduced to writing under the order of the officer holding the inquest and subscribed by the witness. The proceedings of the jury shall be as provided in other cases of inquest held by the coroner.

Source:

R.C. 1895, § 8594; R.C. 1899, § 8594; R.C. 1905, § 10414; C.L. 1913, § 11300; R.C. 1943, § 12-4503; S.L. 1995, ch. 120, § 25.

12-45-04. Return of inquest.

The officer holding the inquest provided for in section 12-45-01, within ten days after its conclusion, shall return the inquisition of the jury, the written testimony of the witnesses, and a list of the witnesses who testified to material matter at such inquest, to the clerk of the district court of Burleigh or Morton County, as the case may be, and the clerk shall file and retain the same in his office as a public record.

Source:

R.C. 1895, § 8595; R.C. 1899, § 8595; R.C. 1905, § 10415; C.L. 1913, § 11301; R.C. 1943, § 12-4504.

12-45-05. Burial of body.

The officer holding the inquest provided for in section 12-45-01 shall cause the body of the deceased to be decently buried, or delivered to the relatives or friends of the deceased, if demanded by them within twenty-four hours after the receipt of such body by the officer, or at any time before its burial.

Source:

R.C. 1895, § 8595; R.C. 1899, § 8595; R.C. 1905, § 10415; C.L. 1913, § 11301; R.C. 1943, § 12-4505.

12-45-06. Expenses of inquest — Report of officer — Payment — Burial expense limited.

The officer holding the inquest shall make an itemized statement and report, verified by the officer’s oath, showing in detail the expenses of the inquest and for what and to whom all items of fees, services, or supplies are payable. The fees of the officer holding the inquest and of the jurors, witnesses, and physicians shall be the same as in other cases of inquest, but no officer or inmate of the penitentiary or North Dakota youth correctional center shall be entitled to any fee or other allowance on account of any service rendered at the inquest. The expense of the burial of the body, exclusive of the fees allowed by law to officers, jurors, physicians, and witnesses, shall not exceed the sum allowed to bury public welfare cases in accordance with section 23-06-03. All claims arising out of such inquest shall be audited and separate warrants shall be drawn upon the state treasurer for the amount allowed to each person named in the statement and report of the officer conducting the inquest, and the warrants shall be paid out of the state treasury.

Source:

R.C. 1895, § 8596; R.C. 1899, § 8596; R.C. 1905, § 10416; C.L. 1913, § 11302; S.L. 1915, ch. 12, § 1; 1925 Supp., § 11302; R.C. 1943, § 12-4506; S.L. 1947, ch. 132, § 1; 1957 Supp., § 12-4506; S.L. 1969, ch. 143, § 1; 1995, ch. 120, § 25.

Cross-References.

Fees for coroner’s inquest, see N.D.C.C. § 11-19.1-16.

12-45-07. Effects of deceased — Sale — Money received. [Repealed]

Repealed by S.L. 1975, ch. 425, § 29.

CHAPTER 12-46 North Dakota Youth Correctional Center

12-46-01. Youth correctional center — Location — Purpose — Name.

The North Dakota youth correctional center must be located at the city of Mandan in the county of Morton. The North Dakota youth correctional center is the general reform and correctional facility of the state for the detention, instruction, and reformation of juveniles of both sexes who are committed to it according to law.

Source:

N.D. Const., § 215; S.L. 1890, ch. 164, § 1; R.C. 1895, § 8515; R.C. 1899, § 8515; R.C. 1905, § 10325; C.L. 1913, § 11184; R.C. 1943, § 12-4601; S.L. 1961, ch. 131, § 1; 1995, ch. 120, § 4.

Cross-References.

Aftercare program for youth correctional center, see N.D.C.C. ch. 12-52.

Devises, bequests, legacies, and gifts to state institutions, see N.D.C.C. § 1-08-02.

Division of Juvenile Services, see N.D.C.C. ch. 27-21.

Minor convicted of felony committed to youth correctional center, see N.D.C.C. § 12.1-32-13.

Uniform Juvenile Court Act, see N.D.C.C. ch. 27-20.

12-46-02. Within jurisdiction of Morton County.

The North Dakota youth correctional center and grounds and premises thereof, for the purpose of all judicial proceedings, shall be deemed to be within and a part of the county of Morton, and the courts of said county shall have jurisdiction of all crimes or public offenses committed within the same.

Source:

R.C. 1895, § 8516; R.C. 1899, § 8516; R.C. 1905, § 10326; C.L. 1913, § 11185; R.C. 1943, § 12-4602; S.L. 1995, ch. 120, § 25.

12-46-03. Officers of the North Dakota youth correctional center. [Repealed]

Repealed by S.L. 2009, ch. 273, § 9.

12-46-04. Appointment of officers.

The director of the division of juvenile services is the administrator of the North Dakota youth correctional center. The director may designate officers or employees of the North Dakota youth correctional center to carry out the administrator’s duties.

Source:

S.L. 1890, ch. 164, § 5; R.C. 1895, § 8576; R.C. 1899, § 8576; R.C. 1905, § 10396; S.L. 1911, ch. 62, §§ 23, 34; C.L. 1913, §§ 258, 269, 11276; S.L. 1925, ch. 196, § 1; 1925 Supp., § 11276; R.C. 1943, § 12-4604; S.L. 1973, ch. 107, § 1; 1979, ch. 173, § 1; 1989, ch. 156, § 10; 2009, ch. 273, § 1.

12-46-05. Oath of superintendent. [Repealed]

Repealed by S.L. 2009, ch. 273, § 9.

12-46-06. Salary of superintendent, officers, and employees. [Repealed]

Repealed by S.L. 2009, ch. 273, § 9.

12-46-07. Members of board and officers of institutions not to be interested in certain contracts. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

12-46-08. Officers to be furnished food supplies. [Repealed]

Repealed by S.L. 1971, ch. 501, § 2.

12-46-09. Administrator may make rules.

  1. The administrator may make rules and regulations not in conflict with the laws of this state:
    1. For the admission of visitors.
    2. For the government of officers and employees of the North Dakota youth correctional center.
    3. For the conduct of children committed to the North Dakota youth correctional center.
  2. A printed copy of the rules and regulations must be furnished to each child committed to the North Dakota youth correctional center at the time the child is received and to each officer or employee at the time of hire. Two copies of such rules must be furnished to the state law library for the use of the state officials and the public.

Source:

S.L. 1890, ch. 164, § 9; R.C. 1895, § 8579; R.C. 1899, § 8579; R.C. 1905, § 10399; C.L. 1913, § 11279; S.L. 1925, ch. 196, § 1; 1925 Supp., § 11279; R.C. 1943, § 12-4609; S.L. 1989, ch. 156, § 12; 1995, ch. 120, § 25; 2009, ch. 273, § 2.

12-46-10. Records of institutional transactions, complaints, and rule infractions.

The administrator shall maintain a correct record of all the transactions of the North Dakota youth correctional center.

Source:

S.L. 1879, ch. 164, § 9; R.C. 1895, § 8579; R.C. 1899, § 8579; R.C. 1905, § 10399; C.L. 1913, § 11279; S.L. 1925, ch. 196, § 1; 1925 Supp., § 11279; R.C. 1943, § 12-4610; S.L. 1989, ch. 156, § 13; 2009, ch. 273, § 3.

12-46-10.1. Disciplinary committee — Members — Duties.

The administrator shall appoint a disciplinary committee, including one cottage supervisor and one member of the professional staff. The committee shall hear charges of violations of North Dakota youth correctional center rules and regulations and recommend to the administrator what disciplinary action, if any, should be administered. The committee shall maintain records of its actions. These records are subject to review by the director of the department of corrections and rehabilitation, the attorney general, or any legislative committee upon request.

Source:

S.L. 1961, ch. 131, § 5; 1975, ch. 108, § 1; 1989, ch. 156, § 14; 1995, ch. 120, § 25; 2009, ch. 273, § 4.

12-46-11. Duties of subordinates and teachers. [Repealed]

Repealed by S.L. 2009, ch. 273, § 9.

12-46-12. Child under twelve years not committed to North Dakota youth correctional center.

No child under the age of twelve years shall be committed to the North Dakota youth correctional center.

Source:

S.L. 1923, ch. 157, § 1; 1925 Supp., § 9606a1; S.L. 1935, ch. 128, § 1; R.C. 1943, § 12-4612; S.L. 1995, ch. 120, § 25.

Collateral References.

Authority of court to order juvenile delinquent incarcerated in adult penal institution, 95 A.L.R.3d 568.

12-46-13. Who may be sent to North Dakota youth correctional center — Court procedure.

Whenever a district court finds an offender under eighteen years of age guilty of a crime and commits the offender to the custody of the department of corrections and rehabilitation, the department may transfer the offender to the North Dakota youth correctional center; however, the department shall first transfer the offender to the North Dakota youth correctional center if the offender is under sixteen years of age. The department may allow an offender who is between eighteen years of age and twenty years of age to remain at the North Dakota youth correctional center if the department determines that it is in the best interests of the department and the offender and it is not contrary to safety interests of the other residents or the general public. The department shall transfer an offender who has attained twenty years of age to an adult correctional facility. An offender placed by the department at the North Dakota youth correctional center under this section has all the rights to sentence reduction for good and meritorious conduct and all the pardon and parole rights of an adult committed to the legal and physical custody of the department.

Source:

S.L. 1890, ch. 164, § 10; R.C. 1895, § 8581; R.C. 1899, § 8581; R.C. 1905, § 10401; S.L. 1913, ch. 242, § 1; C.L. 1913, § 11281; S.L. 1915, ch. 193, § 1; 1925, ch. 196, § 1; 1925 Supp., § 11281; R.C. 1943, § 12-4613; S.L. 1973, ch. 120, § 5; 1975, ch. 109, § 1; 1981, ch. 320, § 26; 1981, ch. 328, § 1; 1991, ch. 326, § 37; 1995, ch. 120, § 5; 2005, ch. 108, § 1; 2019, ch. 99, § 1, effective August 1, 2019.

Cross-References.

Minor convicted of felony, see N.D.C.C. § 12.1-32-13.

Uniform Juvenile Court Act, see N.D.C.C. ch. 27-20.

Notes to Decisions

Grand Larceny.

A district court having jurisdiction of defendant, under the age of eighteen years, charged with grand larceny, properly committed him to the state training school (now youth correctional center) on acceptance of plea of guilty. State ex rel. Neville v. Overby, 54 N.D. 295, 209 N.W. 552, 1926 N.D. LEXIS 148 (N.D. 1926); State ex rel. Johnson v. Broderick, 75 N.D. 340, 27 N.W.2d 849, 1947 N.D. LEXIS 72 (N.D. 1947).

DECISIONS UNDER PRIOR LAW

Minority.

Statute defining “minority” as continuing to age twenty-one regardless of sex of person involved applied to an order committing a delinquent child to the state training school (now youth correctional center); juvenile court had authority to commit delinquent under the age of eighteen to the school until the delinquent reached the age of twenty-one. State ex rel. Stensby v. McClelland, 58 N.D. 365, 226 N.W. 540, 1929 N.D. LEXIS 220 (N.D. 1929).

12-46-14. Transportation of persons committed to North Dakota youth correctional center.

The director of juvenile court, or other officer or person designated by the court at the time commitment is ordered, shall conduct to the North Dakota youth correctional center all persons committed to it. Such person shall receive the amount of mileage allowed in section 11-15-25.

Source:

S.L. 1941, ch. 266, § 2; R.C. 1943, § 12-4614; S.L. 1969, ch. 289, § 2; 1995, ch. 120, § 25; 2007, ch. 274, § 1.

12-46-15. Contents of order of commitment.

Every order of commitment to the custody of the division of juvenile services grants full authority for treatment and transfer of any student to the administrators of the North Dakota youth correctional center as provided by law, however, every order of commitment must specify the date, as near as may be ascertained by the juvenile court, at which the accused will attain majority. The date so ascertained and specified is conclusive for all purposes connected with the youth correctional center. The committing judge shall make available to the division all pertinent data, reports, evaluations, and documents in the court’s possession with respect to the child at the time of commitment or immediately thereafter.

Source:

S.L. 1879, ch. 164, § 14; R.C. 1895, § 8584; R.C. 1899, § 8584; R.C. 1905, § 10404; C.L. 1913, § 11285; R.C. 1943, § 12-4615; S.L. 1961, ch. 131, § 2; 1979, ch. 174, § 1; 1995, ch. 120, § 6.

Cross-References.

Superintendent to report alien convicted of felony to United States immigration officer, see N.D.C.C. § 44-04-04.

12-46-16. Person committed or sentenced to North Dakota industrial school a minor until eighteen. [Repealed]

Repealed by S.L. 1975, ch. 109, § 8.

12-46-17. Incorrigible student returned to sheriff — Original proceedings continued.

If any person who has been convicted of a felony and is committed to the custody of the division of juvenile services and transferred to the North Dakota youth correctional center is or becomes incorrigible and manifestly or persistently dangerous to the good order, government, and welfare of the center or its students, the director of the division of juvenile services shall order the person returned and delivered to the sheriff of the county from which committed, and the proceedings against the person thereafter must be resumed and continued as though no order or warrant of commitment had been made.

Source:

S.L. 1890, ch. 164, § 18; R.C. 1895, § 8587; R.C. 1899, § 8587; R.C. 1905, § 10407; C.L. 1913, § 11288; S.L. 1925, ch. 196, § 1; 1925 Supp., § 11288; R.C. 1943, § 12-4617; S.L. 1989, ch. 156, § 15; 1995, ch. 120, § 7.

Notes to Decisions

Constitutionality.

Where offender originally sentenced to industrial school was returned to sentencing court for commitment to a more secure institution pursuant to this section after three escape attempts and threats to do harm to himself and others, his commitment to prison did not constitute double jeopardy. State v. Lueder, 252 N.W.2d 861, 1977 N.D. LEXIS 266 (N.D. 1977).

12-46-18. Employment and compensation of children.

Every child committed to the custody of the division of juvenile services and placed at the North Dakota youth correctional center may receive a stipend as determined by the administrator, within the limits of appropriations made by the legislative assembly for such purpose.

Source:

S.L. 1917, ch. 164, § 1; 1925 Supp., § 11269a1; R.C. 1943, § 12-4618; S.L. 1975, ch. 108, § 2; 1989, ch. 156, § 16; 1995, ch. 120, § 8; 2009, ch. 273, § 5.

Cross-References.

Division of Juvenile Services, see N.D.C.C. ch. 27-21.

12-46-19. Disposition of moneys received.

The administrator of the North Dakota youth correctional center shall keep an account for each child placed at the North Dakota youth correctional center. The money in each child’s account may be used for the child’s personal needs as approved by the administrator.

Source:

S.L. 1917, ch. 164, § 2; 1925 Supp., § 11269a2; R.C. 1943, § 12-4619; S.L. 1967, ch. 114, § 1; 1995, ch. 120, § 25; 2009, ch. 273, § 6.

12-46-20. Forfeiture of earnings on escape or violation of parole. [Repealed]

Repealed by S.L. 2009, ch. 273, § 9.

12-46-21. Aiding inmates to escape — Misdemeanor. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

12-46-22. Service of process. [Repealed]

Repealed by S.L. 2009, ch. 273, § 9.

12-46-23. Officers and employees exempt from jury duty. [Repealed]

Repealed by S.L. 1977, ch. 113, § 1.

12-46-24. Prohibition on delivery or possession of alcoholic beverages or controlled substances to or by students — Penalties.

  1. It shall be unlawful for any person to deliver or administer, whether or not for a consideration, any alcoholic beverage or controlled substance to any student, or to any other person for redelivery or administration to a student, during the time of the student’s commitment to the North Dakota youth correctional center. This subsection shall not apply to the delivery or administration of controlled substances or alcoholic beverages in accordance with the orders or prescription of a duly licensed physician and the approval, except in emergency circumstances, of the superintendent.
  2. No student shall, during the student’s commitment to the North Dakota youth correctional center, possess any controlled substance or alcoholic beverage unless the substance or beverage was delivered to the student or was possessed in accordance with the prescription or orders of a licensed physician.
  3. Any person, other than an official or employee of the North Dakota youth correctional center, who violates subsection 1 by delivering or administering a controlled substance is guilty of a class B felony. Any official or employee of the North Dakota youth correctional center who violates subsection 1 by delivering or administering a controlled substance is guilty of a class A felony. Any person who violates subsection 1 by delivering an alcoholic beverage is guilty of a class A misdemeanor.
  4. Any person who violates subsection 2 by possessing a controlled substance shall be guilty of a class B felony. Any person who violates subsection 2 by possessing alcoholic beverages shall be guilty of a class A misdemeanor. The district court may waive juvenile jurisdiction over a child above sixteen years of age charged with an offense under subsection 2. The person shall then be transferred to the appropriate court for criminal prosecution.
  5. As used in this section, “controlled substance” is as defined in section 19-03.1-01 and includes counterfeit substances as defined in section 19-03.1-01.

Source:

S.L. 1975, ch. 110, § 1; 1995, ch. 120, § 25; 2013, ch. 183, § 2.

Effective Date.

The 2013 amendment of this section by section 2 of chapter 183, S.L. 2013 became effective April 26, 2013.

Cross-References.

Uniform Controlled Substances Act, prohibited acts, see N.D.C.C. § 19-03.1-23 et seq.

12-46-25. Youth correctional center career and technical education shop revolving fund.

There must be maintained in the Bank of North Dakota by the North Dakota youth correctional center a career and technical education shop revolving fund to purchase required parts and supplies for student career and technical education training projects. The amounts taken from the fund must be paid back to the fund from collections made on these projects. The provisions of section 54-27-10 do not apply to this fund and no part of the fund reverts at the expiration of any biennium.

Source:

S.L. 1987, ch. 66, § 1; 1995, ch. 120, § 25; 2003, ch. 138, § 8.

Cross-References.

Bank of North Dakota, see N.D.C.C. ch. 6-09.

CHAPTER 12-47 The Penitentiary

12-47-01. Penitentiary — Location — Purpose.

The penitentiary located at the city of Bismarck in the county of Burleigh is the general penitentiary and prison of this state for the punishment and reformation of offenders against the laws of this state. The director of the department of corrections and rehabilitation may establish affiliated facilities at other locations throughout the state within the limits of legislative appropriations. The department shall confine, employ, and govern all offenders committed to the legal and physical custody of the department in the manner provided by law.

Source:

S.L. 1883 Sp., ch. 30, §§ 1, 10; R.C. 1895, § 8512; R.C. 1899, § 8512; R.C. 1905, § 10322; C.L. 1913, § 11181; R.C. 1943, § 12-4701; S.L. 1997, ch. 114, § 1; 2005, ch. 108, § 2.

Cross-References.

Devise, bequest, legacy, and gift to state institution, see N.D.C.C. § 1-08-02.

Penalties and sentencing, see N.D.C.C. ch. 12.1-32.

Collateral References.

Civil liability of officer charged with keeping jail or prison for death or injury of prisoner, 14 A.L.R.2d 353.

Good-time allowance to prisoner, withdrawal, forfeiture, modification, or denial of, 95 A.L.R.2d 1265.

Religious facilities for prisoners, provision of, 12 A.L.R.3d 1276.

Liability of prison authorities for injury to prisoner directly caused by assault by other prisoner, 41 A.L.R.3d 1021.

Mail: censorship of convicted prisoners’ “legal” mail, 47 A.L.R.3d 1150.

Mail: censorship of convicted prisoners’ “nonlegal” mail, 47 A.L.R.3d 1192.

Cruel and unusual punishment, prison conditions as amounting to, 51 A.L.R.3d 111.

Mail censorship and evidentiary use of unconvicted prisoners’ mail, 52 A.L.R.3d 548.

Seizure of prison official by inmates as kidnaping, 59 A.L.R.3d 1306.

Duress, necessity, or conditions of confinement as justification for escape from prison, 69 A.L.R.3d 678.

Right of jailed or imprisoned parent to visit from minor child, 15 A.L.R.4th 1234.

Law Reviews.

Female Offenders: A Challenge to Courts and the Legislature, 51 N.D. L. Rev. 827 (1975).

12-47-02. Jurisdiction over penitentiary and affiliated facilities.

The penitentiary and the grounds and premises thereof, for the purpose of all judicial proceedings, is within and a part of the county of Burleigh, and the courts of that county have jurisdiction of all crimes or public offenses committed within the penitentiary. The jurisdiction of a crime or public offense committed within an affiliated facility of the penitentiary is in the county where the affiliated facility is located.

Source:

S.L. 1883 Sp., ch. 30, § 11; R.C. 1895, § 8513; R.C. 1899, § 8513; R.C. 1905, § 10323; C.L. 1913, § 11182; R.C. 1943, § 12-4702; S.L. 1997, ch. 114, § 2.

12-47-03. Who may serve process within penitentiary. [Repealed]

Repealed by S.L. 1999, ch. 114, § 3.

12-47-04. Commitment to the legal and physical custody of the department of corrections and rehabilitation is at hard labor.

In all cases in which a district court has committed an offender to the legal and physical custody of the department of corrections and rehabilitation it shall be at hard labor, whether or not so designated by the district court.

Source:

R.C. 1895, § 8304; R.C. 1899, § 8304; R.C. 1905, § 10113; C.L. 1913, § 10967; R.C. 1943, § 12-4704; 2005, ch. 108, § 3.

12-47-05. Officers of penitentiary.

The officers of the penitentiary include a warden, who is its general superintendent; at least one deputy warden; and such other officers, agents, and employees as may be necessary. The director of the division of adult services, with the concurrence of the director of the department of corrections and rehabilitation, may appoint a warden for an affiliated facility of the penitentiary. A warden of an affiliated facility of the penitentiary is under the supervision and direction of the director of the division of adult services and has those powers and duties established by the director of the division of adult services which are consistent with this chapter, chapter 12-48, and chapter 12-48.1.

Source:

S.L. 1883 Sp., ch. 30, §§ 13, 21; R.C. 1895, § 8531; S.L. 1899, ch. 119, § 1; R.C. 1899, § 8531; R.C. 1905, § 10345; C.L. 1913, § 11204; R.C. 1943, § 12-4705; S.L. 1979, ch. 173, § 2; 2001, ch. 126, § 1.

12-47-06. Appointment of officers.

The director of the department of corrections and rehabilitation shall appoint the warden. The warden may be removed by the director of the division of adult services with the approval of the director of the department of corrections and rehabilitation for misconduct, neglect of duty, incompetency, or other proper cause showing an inability or refusal to properly perform the duties of the office. All other officers and employees must be appointed by the director of the department of corrections and rehabilitation.

Source:

S.L. 1883 Sp., ch. 30, § 14; R.C. 1895, § 8532; R.C. 1899, § 8532; R.C. 1905, § 10346; S.L. 1911, ch. 62, §§ 23, 34; C.L. 1913, §§ 258, 269, 11205; R.C. 1943, § 12-4706; S.L. 1973, ch. 108, § 1; 1979, ch. 173, § 3; 1989, ch. 156, § 17; 2013, ch. 410, § 1.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 410, S.L. 2013 became effective August 1, 2013.

12-47-07. Qualification of warden, officers, and employees. [Repealed]

Repealed by S.L. 1999, ch. 114, § 3.

12-47-08. Salary of warden and other officers.

The warden shall receive a salary to be fixed by the director of the division of adult services with the approval of the director of the department of corrections and rehabilitation within the limits of the legislative appropriation. All other officers and employees of the penitentiary shall receive salaries as determined by the warden and approved by the director of the division of adult services.

Source:

S.L. 1883 Sp., ch. 30, § 15; R.C. 1895, § 8534; R.C. 1899, § 8534; R.C. 1905, § 10348; C.L. 1913, § 11207; R.C. 1943, § 12-4708; S.L. 1949, ch. 314, § 19; 1957 Supp., § 12-4708; S.L. 1989, ch. 156, § 18.

Cross-References.

Appropriation, expenditure of amount in excess unlawful, see N.D.C.C. § 54-27-12.

12-47-09. Officers to be furnished food supplies. [Repealed]

Repealed by S.L. 1971, ch. 501, § 2.

12-47-10. Officers and employees exempt from jury duty. [Repealed]

Repealed by S.L. 1977, ch. 113, § 1.

12-47-11. Powers and duties of warden.

The warden, under the direction of the director of the department of corrections and rehabilitation, shall have the charge, custody, and control of the penitentiary and offenders committed to the legal and physical custody of the department and placed by the department at the penitentiary, together with all lands, buildings, furniture, tools, implements, stock, provisions, and every other species of property pertaining to the penitentiary or within the premises of the penitentiary. The warden shall superintend and be responsible for the policing of the penitentiary and the discipline of the offenders placed by the department at the penitentiary.

Source:

S.L. 1883 Sp., ch. 30, § 18; R.C. 1895, § 8535; R.C. 1899, § 8535; R.C. 1905, § 10349; C.L. 1913, § 11208; R.C. 1943, § 12-4711; S.L. 1973, ch. 109, § 1; 1989, ch. 156, § 19; 1995, ch. 120, § 9; 2005, ch. 108, § 4.

Cross-References.

Alien convicted of felony to be reported to United States immigration officer, see N.D.C.C. § 44-04-04.

Notes to Decisions

Cruel or Unusual Punishment.

Placement of a prisoner in maximum security is an administrative decision, made for the protection of the other people in the institution, and where defendant’s treatment is no different from the treatment given other prisoners under similar circumstances, it does not constitute cruel or unusual punishment. State v. Brodell, 220 N.W.2d 848, 1974 N.D. LEXIS 209 (N.D. 1974).

Disciplinary Rules.

Prison warden did not violate a prisoner’s constitutional rights by enforcing prison disciplinary rules against the prisoner for possessing religious magazines given to him by other inmates and for having a picture of an American flag he cut out of a newspaper posted on his cell wall in violation of the rule prohibiting possession of items altered from their original state; N.D.C.C. §§ 12-47-11 and 12-47-12 gave the warden authority and control over the prison and its inmates and the rules prohibiting an inmate from receiving items from another inmate and possessing other contraband were reasonably related to legitimate penological interests. Larson v. Schuetzle, 2006 ND 78, 712 N.W.2d 617, 2006 N.D. LEXIS 78 (N.D.), cert. denied, 549 U.S. 910, 127 S. Ct. 246, 166 L. Ed. 2d 193, 2006 U.S. LEXIS 6097 (U.S. 2006).

12-47-12. Warden to make rules.

The warden, subject to the approval of the director of the department of corrections and rehabilitation, shall make rules not in conflict with the laws of this state and shall prescribe penalties for violation of the rules:

  1. For the admission of visitors.
  2. For the government of officers and employees of the penitentiary.
  3. For the conduct of offenders imprisoned in the penitentiary.

A printed copy of the rules must be furnished to each offender imprisoned in the penitentiary at the time of admission and to each official or employee of the penitentiary at the time of hire. Two copies of the rules must be furnished to the state law library for the use of the state officials and the public. The rules must be explained to an offender who cannot read English.

Source:

S.L. 1883 Sp., ch. 30, §§ 18, 20; R.C. 1895, §§ 8535, 8536; R.C. 1899, §§ 8535, 8536; R.C. 1905, §§ 10349, 10350; S.L. 1913, ch. 217, § 6; C.L. 1913, §§ 11208, 11209, 11266; S.L. 1915, ch. 191, § 6; 1925 Supp., § 11266; R.C. 1943, § 12-4712; S.L. 1989, ch. 156, § 20; 1993, ch. 114, § 1; 1995, ch. 120, § 10; 2005, ch. 108, § 5; 2013, ch. 99, § 1.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 99, S.L. 2013 became effective August 1, 2013.

Cross-References.

Exclusion of department of corrections and rehabilitation from requirements of Administrative Agencies Practice Act, see N.D.C.C. § 28-32-01(2)(m).

Notes to Decisions

Administrative Agencies Practice Act.

The penitentiary’s disciplinary rules promulgated under the director of institutions are exempt from the procedures of the Administrative Agencies Practice Act, N.D.C.C. ch. 28-32. Jensen v. Little, 459 N.W.2d 237, 1990 N.D. LEXIS 157 (N.D. 1990).

A rule concerning only inmates of a correctional or detention facility is not a rule subject to procedures of the Administrative Agencies Practice Act, N.D.C.C. ch. 28-32. Jensen v. Little, 459 N.W.2d 237, 1990 N.D. LEXIS 157 (N.D. 1990).

Authorization to Regulate.

The warden is authorized to regulate the conduct of prisoners. Jensen v. Powers, 472 N.W.2d 223, 1991 N.D. LEXIS 118 (N.D. 1991).

Contraband Rules.

Prison warden did not violate a prisoner’s constitutional rights by enforcing prison disciplinary rules against the prisoner for possessing religious magazines given to him by other inmates and for having a picture of an American flag he cut out of a newspaper posted on his cell wall in violation of the rule prohibiting possession of items altered from their original state; N.D.C.C. §§ 12-47-11 and 12-47-12 gave the warden authority and control over the prison and its inmates and the rules prohibiting an inmate from receiving items from another inmate and possessing other contraband were reasonably related to legitimate penological interests. Larson v. Schuetzle, 2006 ND 78, 712 N.W.2d 617, 2006 N.D. LEXIS 78 (N.D.), cert. denied, 549 U.S. 910, 127 S. Ct. 246, 166 L. Ed. 2d 193, 2006 U.S. LEXIS 6097 (U.S. 2006).

Control of Privileges.

Control of privileges for lack of cooperation by an inmate is well within the warden’s statutory authority to regulate the conduct of prisoners. Jensen v. Powers, 472 N.W.2d 223, 1991 N.D. LEXIS 118 (N.D. 1991).

Method of Approval of Rules.

While this section requires director “approval” of regulations established by the warden, it does not specifically require that the director’s approval be in writing, nor does it preclude oral approval. However, the director and warden should adopt, and adhere to, more formal approval procedures so as to increase confidence of the inmate population in the validity of the rules promulgated under this section. Jensen v. Little, 459 N.W.2d 237, 1990 N.D. LEXIS 157 (N.D. 1990).

12-47-13. Warden to keep records.

The warden shall require that a daily record is kept of all transactions of the penitentiary. The warden shall require that records are kept for inmate discipline, inmate grievances, and staff discipline. The warden shall provide a report of the penitentiary to the director of the department of corrections and rehabilitation upon the request of the director.

Source:

S.L. 1883 Sp., ch. 30, § 18; 1890, ch. 164, § 9; R.C. 1895, §§ 8535, 8579; R.C. 1899, §§ 8535, 8579; R.C. 1905, §§ 10349, 10399; C.L. 1913, §§ 11208, 11279; S.L. 1925, ch. 196, § 1; 1925 Supp., § 11279; R.C. 1943, § 12-4713; S.L. 1989, ch. 156, § 21; 2005, ch. 108, § 6.

12-47-14. Deputy warden — Duties.

Whenever there is a vacancy in the office of warden or the warden is absent, all the duties of the warden shall devolve upon and be performed by the deputy wardens until the vacancy is filled or the warden returns.

Source:

R.C. 1895, § 8537; R.C. 1899, § 8537; R.C. 1905, § 10351; C.L. 1913, § 11210; R.C. 1943, § 12-4714.

12-47-15. Absence of warden and deputy wardens.

When the warden and the deputy wardens are absent, the warden must designate a staff member to act as warden and must inform the director of the division of adult services, prior to each absence, who will act as warden.

Source:

S.L. 1883 Sp., ch. 30, § 18; R.C. 1895, § 8535; R.C. 1899, § 8535; R.C. 1905, § 10349; C.L. 1913, § 11208; R.C. 1943, § 12-4715; S.L. 1975, ch. 111, § 1; 1979, ch. 173, § 4; 1989, ch. 156, § 22.

12-47-16. Duties of employees — May not engage in procuring pardon.

All officers and persons employed in and about the penitentiary shall perform such duties in the oversight and charge of the penitentiary, the use and care of the property belonging thereto, and the custody, discipline, government, and employment of the inmates as shall be required of them by the warden, in conformity to law and the rules and regulations of the penitentiary. No officer or employee shall be engaged directly or indirectly in procuring a pardon for any person confined therein. Any officer or employee violating the provisions of this section shall be removed immediately.

Source:

S.L. 1883 Sp., ch. 30, § 29; R.C. 1895, § 8539; R.C. 1899, § 8539; R.C. 1905, § 10353; C.L. 1913, § 11212; R.C. 1943, § 12-4716.

12-47-17. Offenders committed to department of corrections and rehabilitation — Records to be kept.

The department of corrections and rehabilitation shall receive any offender who has been convicted and committed to the legal and physical custody of the department when the offender has been delivered to the department together with a copy of the judgment and sentence of the court ordering the commitment to the custody of the department. The warden, immediately upon the receipt of an offender assigned by the department to the penitentiary, shall enter in the record of the penitentiary, the name, age, sex, color, height, nationality, and every other fact, characteristic, and condition, natural or artificial, that in any way may tend to aid in the identification of the offender. After an intake, evaluation, and classification process, the department shall assign the offender to the penitentiary, another correctional facility, or other placement.

Source:

S.L. 1883 Sp., ch. 30, § 27; 1885, ch. 57, § 1; R.C. 1895, § 8540; R.C. 1899, § 8540; R.C. 1905, § 10354; C.L. 1913, § 11213; R.C. 1943, § 12-4717; S.L. 1995, ch. 120, § 11; 2005, ch. 108, § 7.

Cross-References.

Alien convicted of felony, report to United States immigration officer, see N.D.C.C. § 44-04-04.

Commitment papers, sheriff to deliver to warden and receive receipt for prisoner, see N.D.C.C. § 11-15-26.

Sheriff to deliver person convicted of crime to penitentiary, see N.D.C.C. § 29-27-05.

Transportation of prisoners, fees, see N.D.C.C. §§ 11-15-24, 11-15-25.

DECISIONS UNDER PRIOR LAW

Place of Confinement.

The passage after a conviction of murder of a statute substituting the penitentiary for the county jail as the place of confinement pending execution, and directing that executions thereafter take place within the penitentiary walls, did not increase the punishment of the one convicted of murder in the first degree with the death penalty affixed, and was not ex post facto. State v. Rooney, 12 N.D. 144, 95 N.W. 513, 1903 N.D. LEXIS 18 (N.D. 1903), aff'd, 196 U.S. 319, 25 S. Ct. 264, 49 L. Ed. 494, 1905 U.S. LEXIS 903 (U.S. 1905).

12-47-18. Director has custody of inmates pursuant to terms of sentence.

The director of the department of corrections and rehabilitation shall be responsible for offenders committed to the legal and physical custody of the department. The director shall retain, confine, and imprison each offender committed to the department until the expiration of the offender’s sentence or until the offender is lawfully entitled to release. The director shall care for, govern, and make an effort to employ all offenders in conformity with their sentences and in the manner prescribed by law and the rules and regulations lawfully adopted for the conduct of the penitentiary and the department.

Source:

S.L. 1883 Sp., ch. 30, §§ 27, 28; 1885, ch. 57, § 1; R.C. 1895, §§ 8540, 8541; R.C. 1899, §§ 8540, 8541; R.C. 1905, §§ 10354, 10355; C.L. 1913, §§ 11213, 11214; R.C. 1943, § 12-4718; S.L. 1989, ch. 156, § 23; 2005, ch. 108, § 8.

12-47-18.1. Transfer of persons between correctional facilities.

The director of the department of corrections and rehabilitation may transfer an offender to any facility under the department’s control or contract to transfer an offender to another correctional facility for purposes of safety, security, discipline, medical care, or when the director determines it may be in the best interests of the public, the offender, or the department.

Source:

S.L. 1995, ch. 120, § 13; 1997, ch. 114, § 3; 2005, ch. 108, § 9.

12-47-19. Food of inmates. [Repealed]

Repealed by S.L. 1999, ch. 114, § 3.

12-47-20. Beds and clothing of inmates. [Repealed]

Repealed by S.L. 1999, ch. 114, § 3.

12-47-21. Alcoholic beverages and controlled substances prohibited — Physician’s orders — Use of tobacco — Weapons and firearms — Penalty.

  1. It is unlawful for any person to willfully:
    1. Manufacture or possess with intent to manufacture or deliver, a controlled substance, on or within any premises under the control of the department of corrections and rehabilitation or any of its divisions.
    2. Deliver a controlled substance to any inmate of the penitentiary, or to any other person for redelivery to an inmate of the penitentiary. This subsection does not apply to the possession, delivery, or administration of controlled substances by the penitentiary pharmacy or agent of the penitentiary pharmacy or in accordance with the orders or prescription of a licensed physician and the approval, except in emergency circumstances, of the warden. Any person who violates this subsection is guilty of a class A felony.
  2. It is unlawful for a penitentiary inmate to possess any controlled substance except in accordance with the prescription or orders of a licensed physician. It is unlawful for a penitentiary inmate to possess alcohol or alcoholic beverages. It is unlawful for a penitentiary inmate to possess any tobacco except when the warden has authorized possession of tobacco for religious purposes or when on authorized release from the penitentiary. Any penitentiary inmate who violates this subsection with respect to:
    1. Possession of a controlled substance is guilty of a class B felony.
    2. Possession of alcohol or alcoholic beverages is guilty of a class A misdemeanor.
    3. Possession of tobacco is guilty of a class B misdemeanor.
  3. It is unlawful for any person to willfully deliver alcohol or alcoholic beverages to a penitentiary inmate. It is unlawful for any person to willfully deliver tobacco to an inmate except when the warden has authorized delivery of tobacco for religious purposes or when the inmate is on an authorized release from the penitentiary. Any person who violates this subsection by:
    1. Delivery of alcohol or alcoholic beverages to a penitentiary inmate is guilty of a class A misdemeanor.
    2. Delivery of tobacco to a penitentiary inmate is guilty of a class B misdemeanor.
  4. It is unlawful for any person other than a penitentiary inmate to willfully possess a controlled substance on or within any property under the control of the department of corrections and rehabilitation or any of its divisions except when the person is an authorized agent of the penitentiary pharmacy or except in accordance with the orders or prescription of a licensed physician. Any person who violates this subsection is guilty of a class B felony.
  5. It is unlawful for a penitentiary inmate to willfully procure, make, or possess any object, including a shard made of any material or any weapon, firearm, ammunition, or explosive material, intended to be used for an assault on another person or to damage property. Any penitentiary inmate who violates this subsection with respect to:
    1. A shard or weapon that is not a dangerous weapon or firearm as defined in section 62.1-01-01 is guilty of a class B felony.
    2. Ammunition, a knife of any length, a weapon that is a dangerous weapon or firearm as defined in section 62.1-01-01, or explosive material is guilty of a class A felony.
  6. It is unlawful for any person to deliver or provide to a penitentiary inmate any object intended to be used for an assault on another person or to damage penitentiary property. Any person who violates this subsection with respect to:
    1. A shard or weapon that is not a dangerous weapon or firearm as defined in section 62.1-01-01 is guilty of a class B felony.
    2. Ammunition, a knife of any length, a weapon that is a dangerous weapon or firearm as defined in section 62.1-01-01 or is an explosive or destructive device is guilty of a class A felony.
  7. As used in this section, “controlled substance” is as defined in section 19-03.1-01 and includes counterfeit substances as defined in section 19-03.1-01. As used in this section, “willfully” is as defined in section 12.1-02-02. As used in this section, “alcohol” and “alcoholic beverage” are as defined in section 5-01-01. As used in this section, “tobacco” means any form of tobacco, including cigarettes, cigars, snuff, or tobacco in any form in which it may be used for smoking or chewing. As used in this section, a wireless electronic communications device includes a cellular telephone, personal digital assistant, pager, mobile broadband card, internet router, digital camera, two-way radio, modem, or any other electronic device capable of wireless transmission, reception, interception, or storage of oral communications, text, electronic mail, video or photograph images, data signals, or radio communications, and also includes a component of a wireless electronic device, regardless whether the component itself is able to transmit, store, or receive oral communications, text, electronic mail, video or photograph images, data signals, or radio communications. A wireless electronic communications device does not include a medically prescribed device or any other device approved by the department.
    1. It is unlawful for a penitentiary inmate to willfully manufacture, possess, or use a wireless electronic communications device on or within any premises under the control of the department of corrections and rehabilitation or any of its divisions except for law enforcement purposes.
    2. It is unlawful for any person to willfully deliver, or possess with intent to deliver, a wireless electronic communications device to a penitentiary inmate or to any person for redelivery to a penitentiary inmate, or to allow a penitentiary inmate to possess or use a wireless electronic communications device, on or within any premises under the control of the department of corrections and rehabilitation or any of its divisions except for law enforcement purposes.
    3. A violation of this subsection is a class C felony.

Source:

S.L. 1883 Sp., ch. 30, § 33; R.C. 1895, § 8547; R.C. 1899, § 8547; R.C. 1905, § 10361; C.L. 1913, § 11220; R.C. 1943, § 12-4721; S.L. 1963, ch. 89, § 15; 1975, ch. 110, § 6; 1995, ch. 120, § 12; 1999, ch. 114, § 1; 2009, ch. 118, §§ 1, 2; 2013, ch. 183, § 3.

Effective Date.

The 2013 amendment of this section by section 3 of chapter 183, S.L. 2013 became effective April 26, 2013.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

Uniform Controlled Substances Act, prohibited acts, see N.D.C.C. § 19-03.1-23 et seq.

Collateral References.

Nature and elements of offense of conveying contraband to state prisoner, 64 A.L.R.4th 902.

Validity, construction, and application of restrictions on use or possession of tobacco products in correctional facilities, 66 A.L.R.5th 237.

12-47-22. Discipline of inmates — Confinement in cells — Communication.

Inmates of the penitentiary shall be confined in separate cells at night whenever there are sufficient cells. No communication shall be allowed between inmates of the penitentiary and persons without the penitentiary except under the supervision prescribed by the rules and regulations of the penitentiary. No person, without the consent of the warden, shall bring into or carry out of the penitentiary any writing or information to or from an inmate.

Source:

S.L. 1883 Sp., ch. 30, § 31; R.C. 1895, § 8546; R.C. 1899, § 8546; R.C. 1905, § 10360; C.L. 1913, § 11219; R.C. 1943, § 12-4722; S.L. 1979, ch. 175, § 1.

Collateral References.

Mail: censorship of convicted prisoners’ “legal” mail, 47 A.L.R.3d 1150.

Mail: censorship of convicted prisoners’ “nonlegal” mail, 47 A.L.R.3d 1192.

Mail censorship and evidentiary use of unconvicted prisoners’ mail, 52 A.L.R.3d 548.

Prosecutions of inmates of state or local penal institutions for crime of riot, 39 A.L.R.4th 1170.

12-47-23. Warden to maintain discipline.

All necessary means shall be used, under the direction of the warden, to maintain order in the penitentiary, enforce obedience, suppress insurrections, and prevent escapes.

Source:

S.L. 1883 Sp., ch. 30, § 35; R.C. 1895, § 8550; R.C. 1899, § 8550; R.C. 1905, § 10364; C.L. 1913, § 11223; R.C. 1943, § 12-4723; S.L. 1975, ch. 106, § 100.

Notes to Decisions

Recapture of Escapee.

The arrest and return of an escapee is not an arrest for the crime of escape, but a recapture under the direction of the warden. State v. Brodell, 220 N.W.2d 848, 1974 N.D. LEXIS 209 (N.D. 1974).

Collateral References.

Prosecutions of inmates of state or local penal institutions for crime of riot, 39 A.L.R.4th 1170.

Right of state prison authorities to administer neuroleptic or antipsychotic drugs to prisoner without his or her consent — state cases, 75 A.L.R.4th 1124.

12-47-24. Penitentiary inmates may be restrained.

Whenever any inmate of the penitentiary offers or attempts to do any injury to any other person or property, either within the grounds or premises of the penitentiary or at any other place where said inmate may be, or whenever any inmate disobeys or resists any reasonable command of any officer or guard, any officer or guard may use reasonable means to defend himself or another or to enforce the observance of discipline.

Source:

R.C. 1895, § 8551; R.C. 1899, § 8551; R.C. 1905, § 10365; C.L. 1913, § 11224; R.C. 1943, § 12-4724; S.L. 1975, ch. 106, § 101.

12-47-25. Punishment for infraction may be alleviated.

Whenever any inmate who is being punished for any infraction of the rules and regulations of the penitentiary by being deprived of any of the ordinary privileges enjoyed by the other inmates, periodically or otherwise, conducts himself in a peaceful, obedient, and industrious manner, the warden may suspend the further infliction of such punishment during his good behavior.

Source:

S.L. 1883 Sp., ch. 30, § 42; R.C. 1895, § 8545; R.C. 1899, § 8545; R.C. 1905, § 10359; C.L. 1913, § 11218; R.C. 1943, § 12-4725.

12-47-26. Uniform kindly treatment of inmates.

  1. The warden and all officers of the penitentiary uniformly shall treat the inmates of the penitentiary with kindness, and the warden shall require of the officers and guards that, in the execution of the officers’ and guards’ respective duties, the officers and guards in all cases shall refrain from boisterous and unbecoming language in giving orders and commands. Corporal or other painful or unusual punishment may not be inflicted upon the inmates of the penitentiary for violation of the rules and regulations of the penitentiary.
  2. A facility under the control of the department of corrections and rehabilitation may not:
    1. Substantially burden the exercise of religion by an offender in the custody of the facility unless the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest;
    2. Treat religious conduct more restrictively than any comparable secular conduct unless the facility demonstrates the disparate treatment is necessary to further a compelling penological interest and is the least restrictive means of furthering that compelling penological interest; or
    3. Deny clergy access to an offender in the custody of the facility for the purpose of providing religious services unless the facility demonstrates the denial is necessary to further a compelling penological interest and is the least restrictive means of furthering that compelling penological interest.
  3. An offender in the custody of a facility claiming to be aggrieved by a violation of subsection 2 may assert, after exhausting appropriate administrative remedies, that violation as a claim or defense in a judicial proceeding and, if the offender is the prevailing party, may obtain appropriate relief, including costs and reasonable attorney’s fees.

Source:

S.L. 1883 Sp., ch. 30, § 36; R.C. 1895, § 8552; R.C. 1899, § 8552; R.C. 1905, § 10366; C.L. 1913, § 11225; R.C. 1943, § 12-4726; 2021, ch. 92, § 2, effective August 1, 2021.

Collateral References.

Civil liability of officer for death or injury of prisoner, 14 A.L.R.2d 353.

Liability of prison authorities for injury to prisoner directly caused by assault by other prisoner, 41 A.L.R.3d 1021.

12-47-27. Transfer of penitentiary inmate to state hospital or other treatment facility — Evaluation procedure — Right to administrative hearing — Written order by warden. [Repealed]

Repealed by S.L. 2003, ch. 97, § 1.

12-47-28. Copy of written order by warden delivered to superintendent of state hospital or other facility — Superintendent to receive inmate — Filing of receipt. [Repealed]

Repealed by S.L. 2003, ch. 97, § 1.

12-47-29. Recovery of person transferred — Duty of superintendent or officer — Return or release — Allowance on discharge. [Repealed]

Repealed by S.L. 2003, ch. 97, § 1.

12-47-30. Expense of transferring inmates to and from state hospital. [Repealed]

Repealed by S.L. 1975, ch. 111, § 6.

12-47-31. Discharge of offenders — Clothing — Transportation.

The department of corrections and rehabilitation shall provide an offender released from the department appropriate clothing and transportation to a reasonable point as specified in the release plan, based upon need.

Source:

S.L. 1883 Sp., ch. 30, § 38; R.C. 1895, § 8553; R.C. 1899, § 8553; R.C. 1905, § 10367; C.L. 1913, § 11226; S.L. 1917, ch. 167, § 1; 1925 Supp., § 11226; R.C. 1943, § 12-4731; S.L. 1975, ch. 111, § 2; 2005, ch. 108, § 10; 2021, ch. 93, § 1, effective August 1, 2021.

12-47-32. Cash payments — Office of management and budget may issue warrant. [Repealed]

Repealed by S.L. 1999, ch. 114, § 3.

12-47-33. Warden may issue warrants of penitentiary. [Repealed]

Repealed by S.L. 1989, ch. 156, § 54.

Note.

For present provisions, see N.D.C.C. ch. 54-23.3.

12-47-34. Escapes from director’s custody — Director may offer reward for recapture — Payment of reward — Use of firearms.

  1. The director of the department of corrections and rehabilitation shall adopt measures necessary for the detection and capture of offenders escaping from the custody of the department. If an offender in the custody of the department escapes, the director shall use all lawful means for the apprehension of the offender. The director may offer a reward not to exceed one thousand dollars and not less than one hundred dollars for information leading to apprehension of an offender who has escaped from the custody of the department.
  2. The director may authorize correctional officers trained in the use of firearms:
    1. To carry firearms when in the course of their duties on penitentiary premises.
    2. To carry firearms, including keeping and carrying loaded firearms in motor vehicles, when transporting offenders in the custody of the department.
    3. To carry firearms, including keeping and carrying loaded firearms in motor vehicles, for the prevention of escapes or for the apprehension of offenders who have escaped from the custody of the department.
  3. Sections 62.1-02-05, 62.1-02-10, and 62.1-03-01 do not apply to the possession and use of firearms by authorized and trained correctional officers acting in the course of their employment under this section.

Source:

S.L. 1883 Sp., ch. 30, § 43; R.C. 1895, § 8555; R.C. 1899, § 8555; R.C. 1905, § 10369; C.L. 1913, § 11228; R.C. 1943, § 12-4734; S.L. 1979, ch. 173, § 5; 1989, ch. 156, § 25; 1997, ch. 114, § 4; 1999, ch. 114, § 2; 2005, ch. 108, § 11.

Cross-References.

Contraband useful for escape, introduction or possession unlawful, see N.D.C.C. § 12.1-08-09.

Earnings of prisoner, use to pay expenses of capture, see N.D.C.C. § 12-48-20.

Escape as offense, see N.D.C.C. § 12.1-08-06.

Permitting escape, public servants, see N.D.C.C. § 12.1-08-07.

Collateral References.

Liability of public officer or body for harm done by prisoner permitted to escape, 44 A.L.R.3d 899.

Duress, necessity, or conditions of confinement as justification for escape from prison, 69 A.L.R.3d 678.

Failure of prisoner to return at expiration of work furlough or other permissive release period as crime of escape, 76 A.L.R.3d 658.

Temporary unauthorized absence of prisoner as escape or attempted escape, 76 A.L.R.3d 695.

12-47-35. Governor may contract for transfer to federal institution. [Repealed]

Repealed by S.L. 1987, ch. 634, § 2.

12-47-36. Records exempt — Confidential — Exceptions. [Effective through August 31, 2022]

  1. The case history records of the department of corrections and rehabilitation or its divisions or departments relating to persons in the custody or under the supervision and management of the division of adult services of the department of corrections and rehabilitation are exempt records as defined in section 44-04-17.1. Upon application to the district court, with service of the application on the department of corrections and rehabilitation and opportunity for the department to submit a written response, the court may order the inspection of a case history record unless there is a showing by the department of corrections and rehabilitation that a proper and legitimate reason exists for denying inspection of the case history record. If the court issues an order allowing inspection, the court shall allow the department of corrections and rehabilitation to remove all identifying information that may create a risk of harm to property or to any person. As used in this section, “case history record” means any record of a person in the custody or under the supervision and management of the division of adult services of the department of corrections and rehabilitation except for medical, psychological, and treatment records and legal files. The term includes inmate disciplinary proceedings, administrative and disciplinary segregation placements, institutional and criminal investigation reports, supervision histories, job placements, education programs, inmate financial accounts under section 12-48-15, and protective management cases.
  2. The medical, psychological, and treatment records of the department of corrections and rehabilitation or its divisions or departments relating to persons in the custody or under the supervision and management of the division of adult services of the department of corrections and rehabilitation are confidential, and may not be disclosed directly or indirectly to any person, organization, or agency, except as otherwise provided in this section. A district court may order the inspection of medical, psychological, and treatment records, or parts of those records, upon application to the court and a showing that there is a proper and legitimate purpose for the inspection of the records, with service of the application on the department of corrections and rehabilitation and opportunity for the department of corrections and rehabilitation to submit a written response.
  3. Notwithstanding any other provisions of law relating to privilege or confidentiality, except for the confidentiality requirements of federal drug and alcohol treatment and rehabilitation laws, the following persons, organizations, or agencies without prior application to the court may inspect case history, medical, psychological, or treatment records:
    1. The governor;
    2. The pardon advisory board, if the governor has appointed a pardon advisory board;
    3. The parole board;
    4. Any division, department, official, or employee of the department of corrections and rehabilitation;
    5. Another state receiving a parolee or probationer under the provisions of chapter 12-65;
    6. A federal, state, regional, or county correctional facility receiving physical custody of a person under the legal custody of the department of corrections and rehabilitation;
    7. The employees in the office of the attorney general and investigators, consultants, or experts retained by the state;
    8. The risk management division of the office of management and budget for the purpose of investigating and defending actions or claims under chapter 32-12.2;
    9. The district court of the county where the judgment of conviction was entered;
    10. A state or federal court where a person who is or was in the custody or under the supervision and management of the adult services division of the department of corrections and rehabilitation has commenced litigation and, the parties, their counsel, and representatives of the parties in proceedings, if the records are relevant to the litigation and the subject of the records has signed an authorization;
    11. A criminal justice agency as defined in section 44-04-18.7;
    12. The United States social security administration and veterans administration; or
    13. A state, federal, or tribal agency that evaluates sex offenders for civil commitment or assesses sex offender risk level for registration.
  4. Records with respect to the person’s identity, location, legal files except records under court seal, criminal convictions, or projected date of release, except for the records of a person who is under protective management, are open records.
  5. Medical, psychological, or treatment records may be disclosed without prior application to the court to a public hospital or treatment facility, the department of human services, a community behavioral health program, a vocational rehabilitation program, a transitional living facility, or a licensed private medical or treatment facility, when necessary for the evaluation, treatment, or care of a person who is or who has been in the custody of, or is or who has been under the supervision and management of, the adult services division of the department of corrections and rehabilitation.
  6. A criminal defendant’s presentence investigation report, together with any attachment or addendum, is subject to rule 32 of the North Dakota Rules of Criminal Procedure and any amendments made thereto.
  7. The parole board may permit the inspection of a person’s preparole report, or parts of the report, prepared for the parole board.
  8. Any person, organization, or agency receiving exempt or confidential records under this section shall maintain the closed or confidential nature of the records and may not redisclose the records.
  9. The department of corrections and rehabilitation shall maintain the confidentiality of witness protection program records and legal files under seal.
  10. The medical, psychological, and treatment records of the department relating to persons in the custody or under the supervision and management of the division of adult services of the department of corrections and rehabilitation may be disclosed for the purpose of conducting research and educational activities. A person conducting research or educational activities may not redisclose identifying information received under this subsection.

Source:

S.L. 1987, ch. 158, § 1; 1993, ch. 114, § 2; 1997, ch. 114, § 5; 2001, ch. 127, § 1; 2003, ch. 102, § 1; 2009, ch. 118, § 3; 2019, ch. 15, § 4, effective July 1, 2019; 2021, ch. 94, § 1, effective August 1, 2021.

Note.

Section 12-47-36 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 16 of Chapter 352, Session Laws 2021, House Bill 1247; and Section 1 of Chapter 94, Session Laws 2021, Senate Bill 2108.

12-47-36. Records exempt — Confidential — Exceptions. [Effective September 1, 2022]

  1. The case history records of the department of corrections and rehabilitation or its divisions or departments relating to persons in the custody or under the supervision and management of the division of adult services of the department of corrections and rehabilitation are exempt records as defined in section 44-04-17.1. Upon application to the district court, with service of the application on the department of corrections and rehabilitation and opportunity for the department to submit a written response, the court may order the inspection of a case history record unless there is a showing by the department of corrections and rehabilitation that a proper and legitimate reason exists for denying inspection of the case history record. If the court issues an order allowing inspection, the court shall allow the department of corrections and rehabilitation to remove all identifying information that may create a risk of harm to property or to any person. As used in this section, “case history record” means any record of a person in the custody or under the supervision and management of the division of adult services of the department of corrections and rehabilitation except for medical, psychological, and treatment records and legal files. The term includes inmate disciplinary proceedings, administrative and disciplinary segregation placements, institutional and criminal investigation reports, supervision histories, job placements, education programs, inmate financial accounts under section 12-48-15, and protective management cases.
  2. The medical, psychological, and treatment records of the department of corrections and rehabilitation or its divisions or departments relating to persons in the custody or under the supervision and management of the division of adult services of the department of corrections and rehabilitation are confidential, and may not be disclosed directly or indirectly to any person, organization, or agency, except as otherwise provided in this section. A district court may order the inspection of medical, psychological, and treatment records, or parts of those records, upon application to the court and a showing that there is a proper and legitimate purpose for the inspection of the records, with service of the application on the department of corrections and rehabilitation and opportunity for the department of corrections and rehabilitation to submit a written response.
  3. Notwithstanding any other provisions of law relating to privilege or confidentiality, except for the confidentiality requirements of federal drug and alcohol treatment and rehabilitation laws, the following persons, organizations, or agencies without prior application to the court may inspect case history, medical, psychological, or treatment records:
    1. The governor;
    2. The pardon advisory board, if the governor has appointed a pardon advisory board;
    3. The parole board;
    4. Any division, department, official, or employee of the department of corrections and rehabilitation;
    5. Another state receiving a parolee or probationer under the provisions of chapter 12-65;
    6. A federal, state, regional, or county correctional facility receiving physical custody of a person under the legal custody of the department of corrections and rehabilitation;
    7. The employees in the office of the attorney general and investigators, consultants, or experts retained by the state;
    8. The risk management division of the office of management and budget for the purpose of investigating and defending actions or claims under chapter 32-12.2;
    9. The district court of the county where the judgment of conviction was entered;
    10. A state or federal court where a person who is or was in the custody or under the supervision and management of the adult services division of the department of corrections and rehabilitation has commenced litigation and, the parties, their counsel, and representatives of the parties in proceedings, if the records are relevant to the litigation and the subject of the records has signed an authorization;
    11. A criminal justice agency as defined in section 44-04-18.7;
    12. The United States social security administration and veterans administration; or
    13. A state, federal, or tribal agency that evaluates sex offenders for civil commitment or assesses sex offender risk level for registration.
  4. Records with respect to the person’s identity, location, legal files except records under court seal, criminal convictions, or projected date of release, except for the records of a person who is under protective management, are open records.
  5. Medical, psychological, or treatment records may be disclosed without prior application to the court to a public hospital or treatment facility, the department of health and human services, a community behavioral health program, a vocational rehabilitation program, a transitional living facility, or a licensed private medical or treatment facility, when necessary for the evaluation, treatment, or care of a person who is or who has been in the custody of, or is or who has been under the supervision and management of, the adult services division of the department of corrections and rehabilitation.
  6. A criminal defendant’s presentence investigation report, together with any attachment or addendum, is subject to rule 32 of the North Dakota Rules of Criminal Procedure and any amendments made thereto.
  7. The parole board may permit the inspection of a person’s preparole report, or parts of the report, prepared for the parole board.
  8. Any person, organization, or agency receiving exempt or confidential records under this section shall maintain the closed or confidential nature of the records and may not redisclose the records.
  9. The department of corrections and rehabilitation shall maintain the confidentiality of witness protection program records and legal files under seal.
  10. The medical, psychological, and treatment records of the department relating to persons in the custody or under the supervision and management of the division of adult services of the department of corrections and rehabilitation may be disclosed for the purpose of conducting research and educational activities. A person conducting research or educational activities may not redisclose identifying information received under this subsection.

Source:

S.L. 1987, ch. 158, § 1; 1993, ch. 114, § 2; 1997, ch. 114, § 5; 2001, ch. 127, § 1; 2003, ch. 102, § 1; 2009, ch. 118, § 3; 2019, ch. 15, § 4, effective July 1, 2019; 2021, ch. 94, § 1, effective August 1, 2021; 2021, ch. 352, § 16, effective September 1, 2022.

12-47-37. Transporting of prisoners.

A prisoner who has been charged with, pled guilty to, or been convicted of a class A or class AA felony in this state may not be transported except by employees of the department of corrections and rehabilitation or by law enforcement officers or correctional officers employed by a governmental agency. For purposes of this section, “governmental agency” means an agency or department of this state or of any political subdivision of this state, of another state or of a political subdivision of another state, or of the United States.

Source:

S.L. 2001, ch. 128, § 1.

12-47-38. Director to contract for housing female inmates. [Repealed]

Repealed by S.L. 2009, ch. 118, § 4.

12-47-39. Definitions — Health care for chronically or terminally ill offenders — Notice to health care facility.

  1. As used in this section:
    1. “Chronically ill” has the same meaning as in section 26.1-33.2-01.
    2. “Department” means the department of corrections and rehabilitation.
    3. “Health care facility” means an assisted living facility as defined in section 23-09-01, a basic care facility as defined in section 23-09.3-01, or a nursing home as defined in section 23-30-01, except that transitional care units and other long-term care beds owned or operated on the premises of acute care hospitals or critical care hospitals are not health care facilities for the purpose of this section.
    4. “Terminally ill” has the same meaning as in section 26.1-33.2-01.
  2. If an offender is to be given an early release, pardon, or parole due to a chronic or terminal illness for admission as a resident of a health care facility due to the chronic or terminal illness, the department shall provide prior written notice to the administrator of the facility, stating:
    1. The offense for which the offender was convicted and a description of the actual offense;
    2. The offender’s status with the department;
    3. That the information provided by the department regarding the offender may be provided to residents and employees of the facility by the administrator of the facility;
    4. The offender’s health status and type of health care the offender requires;
    5. Any available risk assessment information regarding the offender’s likelihood of reoffending; and
    6. The name of the party responsible for the payment for the services provided by the health care facility to the offender.

Source:

S.L. 2007, ch. 113, § 1.

CHAPTER 12-48 Employment of Inmates of the Penitentiary

12-48-01. Employment of offenders.

All offenders committed to the department of corrections and rehabilitation may be employed for the benefit of the state to the extent employment is available.

Source:

S.L. 1883 Sp., ch. 30, § 31; R.C. 1895, § 8546; R.C. 1899, § 8546; R.C. 1905, § 10360; C.L. 1913, § 11219; R.C. 1943, § 12-4801; S.L. 1995, ch. 120, § 14; 2005, ch. 108, § 12.

12-48-02. Director of the department of corrections and rehabilitation to make rules regarding employment of offenders.

The director of the department of corrections and rehabilitation shall establish rules and regulations relating to the care, treatment, employment, and management of all offenders committed to the legal and physical custody of the department.

Source:

S.L. 1913, ch. 217, § 1; C.L. 1913, § 11261; S.L. 1915, ch. 191, § 1; 1925 Supp., § 11261; R.C. 1943, § 12-4802; S.L. 1989, ch. 156, § 26; 2005, ch. 108, § 13.

12-48-03. Manner of employing offenders.

The director of the department of corrections and rehabilitation and the warden of the penitentiary shall attempt to employ all offenders committed to the legal and physical custody of the department in maintaining the penitentiary and penitentiary grounds, in carrying on the work of the industries established at the penitentiary or at other state institutions, in doing any work necessary to be done in the erection, repair, or improvement of any of the state buildings, including the executive mansion, and the grounds of such buildings, or in the construction and improvement of the public highways of the state. The department may employ offenders in work projects for county and local governmental agencies and subdivisions. The department shall employ offenders when practicable in the work to which they are best adapted and in the work that will make it possible for them to acquire skill so that they will be able to earn a livelihood when they are paroled or discharged from the institution. The department may employ offenders outside the yard of the penitentiary in cultivating and improving any ground belonging to the department. The department must be held responsible for the escape of any offender notwithstanding that such employment is outside the penitentiary if the escape is made possible through the negligence of the department.

Source:

S.L. 1883 Sp., ch. 30, § 40; R.C. 1895, § 8554; R.C. 1899, § 8554; R.C. 1905, § 10368; S.L. 1913, ch. 217, § 1; C.L. 1913, §§ 11227, 11261; S.L. 1915, ch. 191, § 1; 1925 Supp., § 11261; R.C. 1943, § 12-4803; S.L. 1979, ch. 173, § 6; 1989, ch. 156, § 27; 2005, ch. 108, § 14.

Cross-References.

Jail inmate work programs, see N.D.C.C. § 12-44.1-18.

12-48-03.1. The director of the department of corrections and rehabilitation may establish and engage in prison industries.

  1. The director of the department of corrections and rehabilitation may establish and engage in prison industries the director deems necessary and which are of greatest benefit to and in the best interest of the state of North Dakota, the department, and offenders committed to the legal and physical custody of the department. The director may also discontinue industries when necessary. The director shall make all rules and regulations and do all things necessary or incidental to the establishing and maintaining of prison industries including the manufacture, sale, or distribution of prison industries produce or products, and, so far as is compatible with the efficient operation of the industry, shall use offenders committed to the department as laborers in prison industries. The director shall also do all things necessary and incidental to the discontinuance of industries no longer necessary or beneficial to the department. The department shall keep a true and accurate account of all receipts from the established industries and deposit the earnings in an account as provided by law.
  2. All products made in prison industries may be purchased directly by governmental agencies, including federal, state, and tribal agencies and political subdivisions, for use in official business, and by nonprofit organizations, excluding trade associations, fraternal organizations, co-ops, and health insurance companies. Prison industries may sell commissary items and prison industries-made clothing to inmates. Prison industries-made products may also be sold through wholesale or retail outlets that possess a valid sales tax permit, and if the products are manufactured under the prison industries enhancement certification program under Public Law No. 96-157 [93 Stat. 1215; 18 U.S.C. 176(c)], in interstate commerce and through export firms for sale to international markets.

Source:

S.L. 1965, ch. 107, §§ 1, 2; 1973, ch. 111, § 1; 1977, ch. 114, § 1; 1987, ch. 159, § 1; 1989, ch. 156, § 28; 1991, ch. 116, § 1; 2005, ch. 108, § 15; 2009, ch. 119, § 1.

12-48-03.2. Prison industry authorized to trade, barter, and exchange merchandise, equipment, and services.

Prison industry is authorized to trade, barter, and exchange merchandise, equipment, and services with any state agency if such is in the best interest of the prison industry and approved by the director of the department of corrections and rehabilitation.

Source:

S.L. 1987, ch. 160, § 1; 1989, ch. 156, § 29; 2009, ch. 119, § 2.

12-48-03.3. Roughrider industries’ operating fund — Bank of North Dakota.

Roughrider industries may establish its own operating fund in the Bank of North Dakota. Interest earned on the roughrider industries’ operating fund shall be deposited in the state general fund. Roughrider industries may use its own manufacturing accounting system and must report annually its revenues and expenditures to the office of management and budget for the purpose of its financial statements being included in the state’s comprehensive audited financial statements.

Source:

S.L. 1991, ch. 21, § 4.

Cross-References.

Bank of North Dakota, see N.D.C.C. ch. 6-09.

12-48-04. Inmates may be employed in improving roads and streets. [Repealed]

Repealed by S.L. 1989, ch. 156, § 54.

Note.

For present provisions, see N.D.C.C. ch. 54-23.3.

12-48-05. Conditions for employing inmates outside of the penitentiary. [Repealed]

Repealed by S.L. 1989, ch. 156, § 54.

Note.

For present provisions, see N.D.C.C. ch. 54-23.3.

12-48-06. Labor of inmates — Sale of articles produced.

Inmate labor may be used by the state in carrying on farming and ranching operations, or in any industry established at the penitentiary, and the state may dispose of the products of the farming and ranching enterprises. The industry products may be disposed as provided in section 12-48-03.1. Sales to visitors and the general public by inmates of articles made by them in hobby shall be permitted under such rules and regulations as may be established by the warden.

Source:

S.L. 1897, ch. 108, § 1; 1899, ch. 103, § 1; R.C. 1899, § 8574a; R.C. 1905, § 10394; C.L. 1913, § 11274; R.C. 1943, § 12-4806; S.L. 1977, ch. 114, § 2; 1983, ch. 161, § 1.

12-48-06.1. Prison industry advisory committee.

There is hereby established a prison industry advisory committee which consists of the director of the department of corrections and rehabilitation and seven members, three of whom are representatives of industries similar to those within the prison. Prior to July 1, 1991, the governor shall appoint two board members for a term of one year, two for a term of two years, two for a term of three years, and one for a term of four years. Thereafter appointments must be for four-year terms. Members may not serve more than two consecutive terms. Meetings of the committee must be called by the chairperson, who must be elected from within the membership. The appointed members must be paid mileage and expenses by the prison industry as authorized for state officials and employees.

Source:

S.L. 1983, ch. 161, § 2; 1987, ch. 159, § 2; 1989, ch. 156, § 30; 1991, ch. 117, § 1.

12-48-07. Tools and equipment.

The warden, under the direction of the director of the department of corrections and rehabilitation, shall procure the machinery, tools, and equipment necessary to carry on and conduct the work and industries of the penitentiary. Procurement must be made by the warden according to chapter 54-44.4 and rules adopted under that chapter.

Source:

S.L. 1913, ch. 217, § 3; C.L. 1913, § 11263; S.L. 1915, ch. 191, § 3; 1925 Supp., § 11263; R.C. 1943, § 12-4807; S.L. 1989, ch. 156, § 31; 1999, ch. 474, § 1; 2005, ch. 108, § 16.

12-48-08. Penitentiary tannery. [Repealed]

Repealed by S.L. 1965, ch. 108, § 1.

12-48-09. Manufacture of coffins at the penitentiary. [Repealed]

Repealed by S.L. 1965, ch. 108, § 1.

12-48-10. Marking of coffins. [Repealed]

Repealed by S.L. 1965, ch. 108, § 1.

12-48-11. Sale of coffins — Price — Use of proceeds. [Repealed]

Repealed by S.L. 1965, ch. 108, § 1.

12-48-12. Manufacture and sale of license plates and road signs. [Repealed]

Repealed by S.L. 1977, ch. 114, § 3.

12-48-13. Use of receipts from sale of license plates and road signs. [Repealed]

Repealed by S.L. 1977, ch. 114, § 3.

12-48-14. Compensation of offenders.

Offenders who work at the penitentiary or in its prison industries shall receive compensation in an amount to be determined by the warden and approved by the director of the department of corrections and rehabilitation within the limits of legislative appropriations for that purpose. The warden shall assign work to each offender and shall pay the offender based on the amount of work the offender performs, up to the maximum compensation determined by the warden. If an offender has worked in excess of ten hours per day, the offender shall receive such additional compensation as the warden may allow. All offenders working in prison industries may receive pay based upon actual production of salable items as determined by the warden, to be paid out of funds the legislative assembly appropriates.

Source:

S.L. 1913, ch. 217, § 4; C.L. 1913, § 11264; S.L. 1915, ch. 191, § 4; 1925 Supp., § 11264; R.C. 1943, § 12-4814; S.L. 1961, ch. 132, § 1; 1973, ch. 112, § 1; 1975, ch. 111, § 3; 1979, ch. 173, § 7; 1989, ch. 156, § 32; 2005, ch. 108, § 17.

Cross-References.

Judgment for fines and costs, statement filed by court, see N.D.C.C. § 29-26-22.

12-48-15. Disposition of inmate funds — Warden to keep account of inmate funds.

  1. The warden of the penitentiary shall keep an account for each inmate. Not more than fifty percent of an inmate’s penitentiary earnings, as provided by penitentiary rules, must be withheld from an inmate and deposited in a separate account for the inmate and may not be made available to the inmate until the inmate’s release from the penitentiary, except as authorized by the warden. The remainder of an inmate’s earnings must be made available to the inmate on a regular basis.
  2. Inmates may, in writing, authorize the warden or designee to deposit any of their accumulated earnings from the prison industries, hobby, work release, or any other prison program in an interest-earning account in the Bank of North Dakota for the benefit of the inmate. The account must be a two-signature account requiring the inmate’s signature and that of an authorized designated officer or employee of the state penitentiary for withdrawal.
  3. The warden may directly deposit an inmate’s funds from sources outside of the penitentiary in any bank or account the inmate may designate. If a court order does not allow an inmate to designate a bank or account other than a Bank of North Dakota account or if it is necessary for the benefit and protection of the inmate, the warden, upon written explanation to the inmate, shall deposit an inmate’s funds from sources outside the penitentiary into a Bank of North Dakota account. The department of corrections and rehabilitation and its divisions, departments, officers, and employees may not be held responsible or liable for any inmate income or funds deposited into a bank or account designated by an inmate.
  4. The warden is responsible for guiding inmates in making proper use of their funds to pay their obligations, including the payment of any administratively ordered fee, fine or restitution, court-appointed counsel fees, court-ordered restitution, support for dependent relatives, or to provide for their own medical, surgical, eye care, or dental treatment, or to pay for other services not generally provided by the state. The warden may withdraw funds from an inmate’s penitentiary account or Bank of North Dakota two-signature account, without the inmate’s signature, to meet the inmate’s legitimate financial obligations. Before the funds may be withdrawn, the inmate must first receive written notice and be provided a penitentiary administrative hearing with the right to appeal according to department of corrections and rehabilitation rules. An inmate is not entitled to prior written notice, administrative hearing, or right to an appeal to the department of corrections and rehabilitation when funds are to be withdrawn for payment of a court-ordered obligation, including child support, provided the inmate has had notice and an opportunity to be heard in the court proceedings.
  5. The warden may pay an inmate all funds in the inmate’s spending account, less the inmate’s outstanding obligations to the penitentiary, when the inmate is transferred to a county jail or regional correctional center or placed in community corrections confinement. The warden may pay an inmate all funds in the inmate’s account, less the inmate’s outstanding obligations to the penitentiary, when the inmate is transferred to a correctional facility outside of this state. The warden shall pay an inmate all funds in the inmate’s account, less the inmate’s outstanding obligations to the penitentiary, when the inmate is released on parole or discharged from the penitentiary.

Source:

S.L. 1913, ch. 217, § 5; C.L. 1913, § 11265; S.L. 1915, ch. 191, § 5; 1917, ch. 168, § 1; 1925 Supp., § 11265; R.C. 1943, § 12-4815; S.L. 1975, ch. 111, § 4; 1977, ch. 115, § 1; 1985, ch. 171, § 1; 1989, ch. 156, § 33; 1993, ch. 115, § 1; 1995, ch. 121, § 1; 1997, ch. 114, § 6; 2003, ch. 266, § 1; 2007, ch. 114, § 1.

Notes to Decisions

Medical Expenses.

Former subsections (1) and (4) did not allow for medical expenses to be paid out of an inmate’s discharge account, which was unavailable to the inmate until discharge, but only the amount “accumulated…as provided by penitentiary rules and regulations…[to] be paid to the inmates on a regular basis” could be used for the payment of medical expenses of an inmate (decided prior to the 1993 amendment allowing funds from an inmate’s discharge account to be released prior to discharge if authorized by the warden). Ennis v. Dasovick, 506 N.W.2d 386, 1993 N.D. LEXIS 168 (N.D. 1993).

Withdrawal of Money.
—Due Process.

Where $85 was deducted from an inmate’s personal inmate account to pay court costs after notice, an opportunity to be heard, and district court proceedings awarding those costs to the warden, his claim that the money was withdrawn without due process was meritless. Jensen v. Zuern, 517 N.W.2d 118, 1994 N.D. App. LEXIS 9 (N.D. Ct. App.), aff'd, 523 N.W.2d 388, 1994 N.D. LEXIS 226 (N.D. 1994).

—Federal Exemptions.

Where an inmate’s personal inmate account consisted of a tax refund which was commingled with his prison wages, and his actual Air Force pension was not in his personal inmate account, assuming that his tax refund retained its status as exempt veteran’s benefits and that federal law would have entitled him to claim an exemption from court costs for those benefits, the tax refund was not in his personal inmate account when that account was debited on February 5, 1992. After his tax refund was deposited in his personal inmate account, the individual state defendants were not informed that it was in any way derived from veteran’s benefits until he filed an action. Since he did not claim an exemption, the individual state defendants could not be expected to know that he was claiming a federal exemption without being notified of that fact. Jensen v. Zuern, 517 N.W.2d 118, 1994 N.D. App. LEXIS 9 (N.D. Ct. App.), aff'd, 523 N.W.2d 388, 1994 N.D. LEXIS 226 (N.D. 1994).

Collateral References.

Validity, construction, and application of state statute requiring inmate to reimburse government for expense of incarceration, 13 A.L.R.5th 872.

12-48-16. Disposition of earnings of inmate with dependents. [Repealed]

Repealed by S.L. 1975, ch. 111, § 6.

12-48-17. Disposition of earnings of inmate with dependents when more than fifty dollars in temporary aid account. [Repealed]

Repealed by S.L. 1975, ch. 111, § 6.

12-48-18. Disposition of earnings of inmate who has no dependent relatives. [Repealed]

Repealed by S.L. 1975, ch. 111, § 6.

12-48-19. Disposition of earnings of inmate who has no dependent relatives when more than fifty dollars in temporary aid account. [Repealed]

Repealed by S.L. 1975, ch. 111, § 6.

12-48-20. Disposition of earnings of prisoner who escapes or violates parole.

The money in a prisoner’s penitentiary or Bank of North Dakota two-signature account or any property belonging to a prisoner who escapes or violates the prisoner’s parole shall be forfeited and used to pay the expense of the prisoner’s apprehension and capture. Any of the prisoner’s funds or property that is not required to pay for the prisoner’s apprehension and return to the penitentiary may be transferred by the warden into the penitentiary inmate betterment fund.

Source:

S.L. 1913, ch. 217, § 5; C.L. 1913, § 11265; S.L. 1915, ch. 191, § 5; 1917, ch. 168, § 1; 1925 Supp., § 11265; R.C. 1943, § 12-4820; S.L. 1995, ch. 121, § 2.

Collateral References.

Validity, construction, and application of state statute requiring inmate to reimburse government for expense of incarceration, 13 A.L.R.5th 872.

12-48-21. Disposition of unclaimed money.

Any money which has been earned by any inmate and credited to his account shall be transferred to the general fund in the state treasury if such money is not claimed within one year after the inmate earning it has been released from the penitentiary unless the law makes other specific provision for its disposition.

Source:

S.L. 1917, ch. 169, § 1; 1925 Supp., § 11265a; R.C. 1943, § 12-4821; S.L. 1975, ch. 111, § 5.

12-48-22. Fines and restitution for misconduct of offender.

The warden, with the approval of the director of the department of corrections and rehabilitation, shall institute and maintain a uniform system of fines and restitution for violation of department rules and when an offender causes personal injury or property damage. The warden may deduct the fine or restitution from any funds credited to an offender’s penitentiary account or Bank of North Dakota two-signature account.

Source:

S.L. 1913, ch. 217, § 8; C.L. 1913, § 11268; S.L. 1915, ch. 191, § 8; 1925 Supp., § 11268; R.C. 1943, § 12-4822; S.L. 1989, ch. 156, § 34; 2005, ch. 108, § 18; 2007, ch. 114, § 2.

12-48-23. Employment of penitentiary inmates in book salvage — Receipts. [Repealed]

Repealed by S.L. 1977, ch. 114, § 3.

CHAPTER 12-48.1 Work Release Programs

12-48.1-01. Director may provide certain services for offenders.

The director of the department of corrections and rehabilitation may participate in programs in which offenders committed to the legal and physical custody of the department may be gainfully employed or participate in an educational or other rehabilitation program either in or outside facilities under the control of the department. The director may obtain or contract with separate facilities with minimum security for housing offenders granted release privileges. In areas where facilities are not within reasonable proximity of the place of employment or training of an offender so released, the director may arrange for the housing of the offender in local confinement facilities.

Source:

S.L. 1969, ch. 145, § 1; 1989, ch. 156, § 35; 1991, ch. 116, § 2; 2005, ch. 108, § 19.

12-48.1-02. Conditions of eligibility for release programs.

  1. An offender, except an offender sentenced to a penalty of life imprisonment without the opportunity for parole as the result of conviction of a class AA felony under section 12.1-20-03 or of murder under section 12.1-16-01, may be eligible for programs outside facilities under the control of the department of corrections and rehabilitation when the department determines the offender is not a high security risk, not likely to commit a crime of violence, and is likely to be rehabilitated by such program. An offender may apply to the director of the department for permission to participate in such programs.
  2. The director of the department may authorize participation in outside programs for an offender who has ten years or less remaining on a sentence and has been committed to the legal and physical custody of the department. The parole board, with the approval of the director of the department, may authorize participation in outside programs for offenders who have more than ten years remaining on a sentence and have been committed to the legal and physical custody of the department.
  3. The offender shall submit a signed application which must include a statement that the offender agrees to abide by all terms and conditions of the particular plan adopted for the offender, and must include such other information as the parole board or the director of the department may require.
  4. The parole board may approve, disapprove, or defer action on an application approved by the director of the department. The director of the department or the parole board may revoke approval of the application at any time after granting the application. The department shall prescribe rules of conduct and treatment for all offenders on release programs.
  5. The director of the department may grant short leaves, not to exceed seventy-two hours, to offenders who have been committed to the legal and physical custody of the department for ten years or less. The parole board, upon the approval of the director of the department, may grant short leaves, not to exceed seventy-two hours, to offenders committed to the legal and physical custody of the department for more than ten years.
  6. All rules adopted by the parole board and the director of the department relating to release programs and short leaves must conform, to the extent allowable by law, with executive order no. 11755 issued by the President of the United States.

Source:

S.L. 1969, ch. 145, § 2; 1975, ch. 112, § 1; 1983, ch. 160, § 2; 1989, ch. 156, § 36; 1991, ch. 116, § 3; 2005, ch. 108, § 20; 2011, ch. 101, § 1; 2021, ch. 95, § 1, effective August 1, 2021.

Effective Date.

The 2011 amendment of this section by section 1 of chapter 101, S.L. 2011 became effective August 1, 2011.

Collateral References.

The propriety of conditioning parole on defendant’s not entering specified geographical area, 54 A.L.R.5th 743.

12-48.1-03. Use of funds earned on work release.

An offender shall use any funds earned in work release in the following order: support of dependents; for necessary expenses of the offender, including room and board costs of the institution; any administration fee and fine; and restitution if a part of the sentence. Any balance must be deposited in the offender’s account to be paid to the offender in accordance with section 12-48-15.

Source:

S.L. 1969, ch. 145, § 3; 2003, ch. 266, § 2; 2005, ch. 108, § 21.

12-48.1-04. Willful failure to return. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

CHAPTER 12-49 Penitentiary Twine and Cordage Plant [Repealed]

[Repealed by S.L. 1979, ch. 173, § 9]

CHAPTER 12-50 The Death Sentence and Execution Thereof [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-51 Missouri River Correctional Center [Repealed]

[Repealed by S.L. 1995, ch. 120, § 24]

Part IX Paroles and Modifications of Sentences

CHAPTER 12-52 Aftercare Program for Youth Correctional Center

12-52-01. Department of corrections and rehabilitation to administer juvenile aftercare program and other treatment and rehabilitation programs.

The division of juvenile services with the approval of the director of the department of corrections and rehabilitation may provide a juvenile aftercare program and other treatment and rehabilitation programs and may contract with public and private agencies to provide services for persons committed to the division of juvenile services and may establish facilities in, and rules under, which such persons may receive services.

Source:

S.L. 1907, ch. 181, § 1; C.L. 1913, § 11291; S.L. 1925, ch. 196, § 1; 1925 Supp., § 11291; R.C. 1943, § 12-5201; S.L. 1975, ch. 109, § 2; 1979, ch. 174, § 2; 1989, ch. 156, § 42; 1989, ch. 157, § 1.

Collateral References.

Right to notice and hearing before revocation of probation or suspension of sentence, parole or conditional pardon, 29 A.L.R.2d 1074.

Acquittal in criminal proceeding as precluding revocation of parole on same charge, 76 A.L.R.3d 578.

Validity of statutes prohibiting or restricting parole, probation, or suspension of sentence in cases of violent crimes, 100 A.L.R.3d 431.

When is a person in custody of governmental authorities for purpose of exercise of state remedy of habeas corpus—modern cases, 26 A.L.R.4th 455.

12-52-02. Aftercare granted on recommendation of superintendent. [Effective through August 31, 2022]

No aftercare program may be provided for any person committed to the North Dakota youth correctional center or placed under the guardianship, control, and custody of the superintendent, unless the superintendent recommends the program to the director of the division of juvenile services and some suitable person will receive the person to be placed in the aftercare program under conditions approved by the superintendent. Nothing in this chapter prevents the placing of any person into the person’s own home or into a licensed foster home under any program administered by the department of human services.

Source:

S.L. 1907, ch. 181, § 2; C.L. 1913, § 11292; R.C. 1943, § 12-5202; S.L. 1959, ch. 134, § 1; 1961, ch. 131, § 3; 1975, ch. 109, § 3; 1989, ch. 156, § 43; 1995, ch. 120, § 25.

Cross-References.

Foster homes, see N.D.C.C. ch. 50-11.

12-52-02. Aftercare granted on recommendation of superintendent. [Effective September 1, 2022]

No aftercare program may be provided for any person committed to the North Dakota youth correctional center or placed under the guardianship, control, and custody of the superintendent, unless the superintendent recommends the program to the director of the division of juvenile services and some suitable person will receive the person to be placed in the aftercare program under conditions approved by the superintendent. Nothing in this chapter prevents the placing of any person into the person’s own home or into a licensed foster home under any program administered by the department of health and human services.

Source:

S.L. 1907, ch. 181, § 2; C.L. 1913, § 11292; R.C. 1943, § 12-5202; S.L. 1959, ch. 134, § 1; 1961, ch. 131, § 3; 1975, ch. 109, § 3; 1989, ch. 156, § 43; 1995, ch. 120, § 25; 2021, ch. 352, § 17, effective September 1, 2022.

12-52-03. Recommitment to the youth correctional center for violation of aftercare rules.

A person placed in an aftercare program must be under the guardianship and control of the director of the division of juvenile services and is subject, at any time until the expiration of the time for which the person was committed, to be taken into actual custody and returned to the North Dakota youth correctional center. The director may enforce the rules and regulations made for the administration of aftercare programs and the placement of students in them, and when the director is satisfied that a person placed in an aftercare program has violated any of the rules or regulations, the director may order that person to be taken into actual custody and returned to the North Dakota youth correctional center and to be detained therein until the expiration of the time for which the person was committed, or until the person is again placed in an aftercare program. The director shall maintain a record of any such order, and a certified copy of the order may be delivered to any peace officer, or any officer or employee of the North Dakota youth correctional center, for service and return. It is the duty of the officer or employee to receive the order and to apprehend and immediately deliver the person named in the order to the superintendent of the North Dakota youth correctional center.

Source:

S.L. 1907, ch. 181, § 3; C.L. 1913, § 11293; R.C. 1943, § 12-5203; S.L. 1975, ch. 109, § 4; 1989, ch. 156, § 44; 1995, ch. 120, § 25.

12-52-04. Officer’s or employee’s return on order of recommitment.

The officer or employee executing an order of the director of the division of juvenile services for the apprehension and return of a person to the North Dakota youth correctional center shall endorse on the order a return of the officer’s doings thereunder and deliver the same, together with the person named therein, to the superintendent of the center. The superintendent shall give to the officer or employee a certificate acknowledging the receipt of the person, order, and return.

Source:

S.L. 1907, ch. 181, § 4; C.L. 1913, § 11294; R.C. 1943, § 12-5204; S.L. 1975, ch. 109, § 5; 1989, ch. 156, § 45; 1995, ch. 120, § 25.

12-52-05. Officer’s fee on recommitment — Exception.

The fee of any officer, except an officer or employee of the North Dakota youth correctional center, executing an order of the director of the division of juvenile services for the apprehension and return of a person to the North Dakota youth correctional center must be the same as that for like service in criminal actions.

Source:

S.L. 1907, ch. 181, § 4; C.L. 1913, § 11294; R.C. 1943, § 12-5205; S.L. 1975, ch. 109, § 6; 1989, ch. 156, § 46; 1995, ch. 120, § 25.

12-52-06. Parole violator guilty of misdemeanor. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673; 1975, ch. 109, § 8.

12-52-07. Discharge for good conduct.

The director of the division of juvenile services may discharge any student from the North Dakota youth correctional center at any time upon satisfactory evidence of reformation and as a reward for good conduct and diligence in study. If the student has no parent, guardian, or other person to whom to return, the director shall arrange for and procure some suitable person to receive, employ, and care for the person so discharged.

Source:

S.L. 1890, ch. 164, § 18; R.C. 1895, § 8587; R.C. 1899, § 8587; R.C. 1905, § 10407; C.L. 1913, § 11288; S.L. 1925, ch. 196, § 1; 1925 Supp., § 11288; R.C. 1943, § 12-5207; S.L. 1975, ch. 109, § 7; 1989, ch. 156, § 47; 1995, ch. 120, § 25.

CHAPTER 12-53 Suspended Sentence [Repealed]

[Repealed by S.L. 1989, ch. 158, § 18]

CHAPTER 12-54 Diminution of Sentence to the Penitentiary for Good Conduct [Repealed]

[Repealed by S.L. 1973, ch. 116, § 41]

CHAPTER 12-54.1 Sentence Reduction for Good or Meritorious Conduct

12-54.1-01. Sentence reduction.

Except as provided under section 12.1-32-09.1, an offender committed to the legal and physical custody of the department of corrections and rehabilitation is eligible to earn sentence reductions based upon performance criteria established through department and penitentiary rules. Performance criteria includes participation in court-ordered or staff-recommended treatment and education programs and good work performance. The department may credit an offender committed to the legal and physical custody of the department who is eligible for sentence reduction five days good time per month for each month of the sentence imposed. The department may credit an offender with sentence reduction for time spent in custody before sentencing and commitment to the legal and physical custody of the department. The department may not credit an offender with any sentence reduction for time spent on probation under the supervision and management of the department.

Source:

S.L. 1977, ch. 117, § 1; 1991, ch. 118, § 1; 1995, ch. 136, § 1; 1999, ch. 115, § 1; 2005, ch. 108, § 22; 2011, ch. 93, § 2; 2017, ch. 108, § 2, effective April 21, 2017.

Effective Date.

The 2011 amendment of this section by section 2 of chapter 93, S.L. 2011 became effective August 1, 2011.

Notes to Decisions

Persons Sentenced to County Jail.

This section is not applicable to persons sentenced to the county jail. State v. Hunt, 293 N.W.2d 419, 1980 N.D. LEXIS 243 (N.D. 1980).

Plea Agreements.

Plea agreement in which defendant waives reduction in sentence for good conduct under this section was illegal because deduction of good time credits from sentence is a matter not within the discretion of the courts, but the penitentiary administration, to encourage good conduct of prisoners. Ostafin v. State, 1997 ND 102, 564 N.W.2d 616, 1997 N.D. LEXIS 101 (N.D. 1997).

Collateral References.

Defendant’s Right to Credit for Time Spent in Halfway House, Rehabilitation Center, or Similar Restrictive Environment as Condition of Pretrial Release. 46 A.L.R.6th 63.

12-54.1-02. Basis for good conduct sentence reduction. [Repealed]

Repealed by S.L. 1991, ch. 118, § 4.

12-54.1-03. Meritorious conduct sentence reduction.

Except as provided under section 12.1-32-09.1, offenders committed to the legal and physical custody of the department of corrections and rehabilitation may receive a lump sum or a monthly rate of meritorious conduct sentence reduction for outstanding performance or heroic acts or as a special control and security measure, as provided by penitentiary and department rules and upon written recommendation of a department multidisciplinary team. Meritorious sentence reductions are in addition to sentence reductions under section 12-54.1-01 and may be made only after a written recommendation is made by the warden and approved by the director of the department. Any sentence reduction for special control or security measures may not exceed two days good time per month per offender.

Source:

S.L. 1977, ch. 117, § 3; 1983, ch. 160, § 3; 1991, ch. 118, § 2; 1995, ch. 136, § 2; 2005, ch. 108, § 23.

DECISIONS UNDER PRIOR LAW

Serious Rules Infractions Resulting in Forfeiture of “Good Time”.

Forfeiture of inmate’s earned “good time” because of use of a controlled substance did not violate former section 12-54.1-02 or constitutional due process of law where inmate handbook, which clearly defined the possession and use of unprescribed drugs as an act “prohibited in the institution”, in conjunction with statute making the possession of any controlled substance by a penitentiary inmate a class B felony, adequately apprised inmate that use of unprescribed drugs is a “serious rules infraction” which may result in forfeiture of “good time”. Matz v. Satran, 313 N.W.2d 740, 1981 N.D. LEXIS 362 (N.D. 1981).

12-54.1-04. Basis for meritorious conduct sentence reduction.

Meritorious conduct sentence reductions may be awarded for any of the following performances or acts:

  1. Exceptional quantity and quality of work far beyond normal expectations for the job assignment.
  2. Beneficial suggestions resulting in substantial savings to the state.
  3. Acts of outstanding heroism.
  4. Acts which protect the lives of employees or other inmates or the property of the institution.

Meritorious conduct sentence reductions must be awarded upon written recommendation of the warden and approved by the director of the department of corrections and rehabilitation on a lump-sum basis resulting from separate recommendations and approvals. Such reductions may not be awarded on a continuing days-per-month basis beyond the month in which a reduction award is made. Such sentence reductions may not be granted for any month in which the performance sentence reduction under section 12-54.1-01 was withheld or forfeited.

Source:

S.L. 1977, ch. 117, § 4; 1991, ch. 118, § 3.

CHAPTER 12-55 Reprieve, Commutation, Pardon, and Parole [Repealed]

[Repealed by S.L. 1997, ch. 115, § 8]

Note.

For present provisions, see ch. 12-55.1, and §§ 12-59-15 and 12-59-17.

CHAPTER 12-55.1 Pardon Advisory Board

12-55.1-01. Definitions.

In this title, unless the context otherwise requires:

  1. “Commutation” means the change of the punishment to which a person is sentenced to a less severe punishment.
  2. “Conditional pardon” means a pardon, commutation, reprieve, or remission of fine subject to terms and conditions established by the governor upon the recommendation of the pardon advisory board.
  3. “Department” means the department of corrections and rehabilitation.
  4. “Pardon” means the removal of punishment or custody imposed upon a person for the commission of an offense. A pardon does not remove the fact of that person’s conviction or plea or finding of guilt for an offense unless specifically stated in the certificate of pardon.
  5. “Remission of fine” means a release or partial release of a fine.
  6. “Reprieve” means a temporary relief from or postponement of the execution of a criminal sentence.

Source:

S.L. 1997, ch. 115, § 1.

Cross-References.

Constitutional authorization, see N.D. Const., Art. V, § 7.

Governor’s power to appoint majority of members of board, see N.D.C.C. § 54-07-01.2.

Parole board, see N.D.C.C. § 12-59-01.

Collateral References.

Revocation of order commuting state criminal sentence, 88 A.L.R.5th 463.

12-55.1-02. Pardon advisory board — Membership.

The governor may appoint a pardon advisory board to consist of five members including the attorney general and two members of the parole board. The governor shall appoint two persons who are residents and citizens of this state to the remaining two positions. The governor shall appoint a chairperson from within the membership of the pardon advisory board. The governor may dissolve the pardon advisory board at any time. The members appointed by the governor are entitled to be paid compensation and expenses at the same rate paid to members of the legislative assembly. The board shall provide information and make recommendations to the governor concerning any matters before the governor under this chapter.

Source:

S.L. 1997, ch. 115, § 1.

DECISIONS UNDER PRIOR LAW

Power to Grant Parole.

The former board of pardons had the power at any duly constituted regular or special meeting thereof to grant a parole by the same vote that was required to grant a pardon or conditional pardon under prior law. Hagar v. Homuth, 68 N.D. 84, 276 N.W. 668, 1937 N.D. LEXIS 133 (N.D. 1937).

12-55.1-03. Pardon advisory board meetings — Rules.

If the governor appoints a pardon advisory board, the pardon advisory board may adopt rules necessary to govern its proceedings, including the time and place of meetings of the board. The governor may call meetings of the pardon advisory board as the governor deems necessary to carry out the board’s duties.

Source:

S.L. 1997, ch. 115, § 1.

Collateral References.

Right to notice and hearing before revocation of probation or suspension of sentence, parole, or conditional pardon, 29 A.L.R.2d 1074.

Pardon as affecting consideration of earlier conviction in applying habitual criminal statute, 31 A.L.R.2d 1186.

Offenses and convictions covered by pardon, 35 A.L.R.2d 1261.

Officer, pardon as preventing or nullifying removal, 70 A.L.R.2d 268.

Pardon as restoring public office or license or eligibility therefor, 58 A.L.R.3d 1191.

Attorneys: pardon as defense to disbarment of attorney, 59 A.L.R.3d 466.

Criminal record as affecting applicant’s moral character for purposes of admission to the bar, 88 A.L.R.3d 192.

12-55.1-04. Governor may remit fines and grant commutations, pardons, and reprieves.

The governor has the power to remit fines and grant commutations, reprieves, pardons, and conditional pardons after judgment of conviction. If the governor grants a conditional pardon, the pardon must state the terms and conditions of the pardon. The governor shall sign every commutation, reprieve, pardon, conditional pardon, or remission of fine granted by the governor. The recommendations of the pardon advisory board and the determination of the governor are not reviewable by any court.

Source:

S.L. 1997, ch. 115, § 1.

12-55.1-05. Pardon clerk — Duties.

The director of the department of corrections and rehabilitation or the director’s designee shall serve as the pardon clerk under this chapter. The pardon clerk shall:

  1. Maintain a register of all applications filed for commutation, reprieve, pardon, conditional pardon, or remission of fine and shall maintain a complete and accurate record of all proceedings in connection with the applications, including all correspondence, documents, evidence, and appearances made in connection with the application.
  2. Conduct investigations, employ psychologists, psychiatrists, or other specialists necessary for the determination of matters before the pardon advisory board or the governor under this chapter, and perform other duties in connection with matters under this chapter as may be requested by the pardon advisory board or the governor.
  3. Maintain a record of every commutation, reprieve, pardon, conditional pardon, or remission of fine granted or refused, along with the reasons for each action.

Source:

S.L. 1997, ch. 115, § 1; 2009, ch. 120, § 1.

12-55.1-06. Application for commutation, reprieve, pardon, conditional pardon, or remission of fine.

An application for commutation, reprieve, pardon, conditional pardon, or remission of fine must be made with the pardon clerk on a form prescribed by the clerk and in accordance with any rules adopted under this chapter.

Source:

S.L. 1997, ch. 115, § 1.

12-55.1-07. Notice of application.

The pardon clerk shall provide written notice of an application for a commutation, reprieve, pardon, conditional pardon, or remission of fine to the district court and the state’s attorneys in the county or counties where the judgment of conviction was entered against the applicant. The notice must include the name of the applicant, the date of entry and docket number of the criminal judgment, the crime or crimes stated in the criminal judgment, and the date and place for the meeting on the application.

Source:

S.L. 1997, ch. 115, § 1.

12-55.1-08. Governor may reconsider action.

If the governor has granted an application for a commutation, reprieve, conditional pardon, or remission of fine and the applicant is still in custody in any correctional facility, the governor may reconsider the decision any time before the applicant is released from the correctional facility. If an applicant is released from custody pursuant to a conditional pardon and the applicant has violated any of the terms or conditions of the conditional pardon, the governor may revoke the conditional pardon in the same manner provided for violation of any of the terms or conditions of parole. In all other cases, the governor may reconsider a decision on an application if the reconsideration is made within thirty days from the date of the initial decision. A decision made on reconsideration may not be reviewed by any court.

Source:

S.L. 1997, ch. 115, § 1.

12-55.1-09. Statements of judge and state’s attorney.

The judge and the state’s attorney may make any recommendations that may be of assistance to the governor, pardon advisory board, or parole board in considering the person’s case. The judge before whom any person has been convicted of a felony and the state’s attorney of the county in which the crime was committed may file with the clerk of court separate official statements that may include:

  1. The facts and circumstances constituting and surrounding the crime for which the person was convicted.
  2. The age of the person.
  3. All available information regarding the person before the commission of the crime for which the person was convicted.
  4. All available information regarding the person’s habits, associates, disposition, and reputation.
  5. All facts and circumstances that may indicate whether the person is capable of becoming a law-abiding citizen.
  6. The state’s attorney’s reasons for the recommended sentence and the court’s reasons for the sentence imposed.

Source:

S.L. 1997, ch. 115, § 1.

DECISIONS UNDER PRIOR LAW

Analysis

Assistance to Board of Pardons and Parole Board.

The direction that a judge make the reasons for a sentence a part of the record would have some usefulness in assisting the board of pardons or the parole board to determine under prior law whether to shorten or commute a sentence or to release a prisoner on parole. State v. Ennis, 464 N.W.2d 378, 1990 N.D. LEXIS 261 (N.D. 1990).

Failure to File Statement.

A failure to file a statement concerning the character and habits of a person sentenced to serve an indeterminate term of from one to three years did not render the sentence so indefinite as to require a discharge at the expiration of the minimum term. Ex parte Riley, 52 N.D. 471, 203 N.W. 676, 1925 N.D. LEXIS 43 (N.D. 1925).

Grand Larceny.

In sentencing for grand larceny, the court should ascertain from all available sources information enabling it to act justly and intelligently. State v. Jochim, 55 N.D. 313, 213 N.W. 484, 1927 N.D. LEXIS 39 (N.D. 1927).

12-55.1-10. Duty of court reporter and clerk of court.

The court reporter, at the direction of the judge or state’s attorney, shall prepare the official statements of the judge and state’s attorney. The clerk of court with whom the statements are filed shall attach a copy of the statements to the criminal judgment. The clerk shall provide to the department the criminal judgment with the attached copy of the official statements.

Source:

S.L. 1997, ch. 115, § 1.

12-55.1-11. Records.

The records of an applicant for commutation, reprieve, pardon, conditional pardon, or remission of fine are subject to section 12-47-36. The pardon clerk may permit the inspection of an application for a commutation, reprieve, pardon, conditional pardon, or remission of fine; the recommendations of the pardon advisory board, if any; and the decision of the governor, including any decision made after reconsideration or after proceedings for revocation.

Source:

S.L. 1997, ch. 115, § 1.

CHAPTER 12-56 Out-of-state Parolee Supervision [Repealed]

[Repealed by S.L 2003, ch. 102, § 6]

CHAPTER 12-56.1 Interstate Parolees and Probationers [Repealed]

[Repealed by S.L. 2003, ch. 102, § 6]

CHAPTER 12-57 Relief for Wrongful Imprisonment [Repealed]

[Repealed by S.L. 1965, ch. 203, § 86]

CHAPTER 12-58 Criminal Identification [Repealed]

[Repealed by S.L. 1965, ch. 111, § 23]

Note.

For present provisions, see N.D.C.C. ch. 12-60.

CHAPTER 12-59 Parole

12-59-01. State parole board — Membership.

The state parole board consists of six members, who must be qualified electors of the state, appointed by the governor for terms of three years, arranged so that the terms of two members must expire on December thirty-first of each year. One of the members must be a person experienced in law enforcement, which may include experience as a prosecuting attorney, one must be a licensed attorney, and four must be persons qualified by special experience, education, or training. The governor may only remove a member of the parole board for disability, inefficiency, neglect of duty, or malfeasance in office.

Source:

S.L. 1963, ch. 124, § 1; 1999, ch. 117, § 1.

Cross-References.

Governor’s power to appoint majority of members of board, see N.D.C.C. § 54-07-01.2.

DECISIONS UNDER PRIOR LAW

Jurisdiction.

State parole board had jurisdiction to hear and grant paroles to persons who had been sentenced to the state farm. State v. Gronlie, 213 N.W.2d 874, 1973 N.D. LEXIS 140 (N.D. 1973).

Collateral References.

Right to notice and hearing before revocation of probation or suspension of sentence, parole or conditional pardon, 29 A.L.R.2d 1074.

Acquittal in criminal proceeding as precluding revocation of parole on same charge, 76 A.L.R.3d 578.

Validity of statutes prohibiting or restricting parole, probation, or suspension of sentence in cases of violent crimes, 100 A.L.R.3d 431.

When is a person in custody of governmental authorities for purpose of exercise of state remedy of habeas corpus—modern cases, 26 A.L.R.4th 455.

12-59-02. Meetings — Compensation — Rules.

The governor shall appoint a member of the parole board to be chairman. The chairman of the parole board shall designate three members of the parole board for each meeting of the parole board. Meetings of the parole board must be held in accordance with rules established by the parole board and must be held as often as required to properly conduct the business of the board, but in any event not less than six times per year. The parole board may only take action upon the concurrence of at least two members who participated in the same meeting. The final decision of at least two parole board members who participated in the same parole board meeting constitutes the decision of the parole board. Members are entitled to be compensated at the same rate paid to members of the legislative assembly for attendance at interim committee meetings plus the same mileage and expenses as are authorized for state officials and employees. The director of the department of corrections and rehabilitation or the director’s designee is the clerk for the parole board.

Source:

S.L. 1963, ch. 124, § 2; 1971, ch. 139, § 1; 1997, ch. 116, § 1; 1997, ch. 432, § 10; 1999, ch. 117, § 2; 2001, ch. 41, § 10; 2009, ch. 120, § 2; 2021, ch. 95, § 2, effective August 1, 2021.

Notes to Decisions

Privileged Communications.

Parole board meetings are proceedings “authorized by law” within the meaning of N.D.C.C. § 14-02-05(2). Pulkrabek v. Sletten, 557 N.W.2d 225, 1996 N.D. LEXIS 280 (N.D. 1996).

12-59-03. Supplies — Regulations governing parole.

The board shall formulate rules and regulations governing the manner in which inmates may become eligible for discharge on parole.

Source:

S.L. 1963, ch. 124, § 3; 2013, ch. 100, § 1.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 100, S.L. 2013 became effective August 1, 2013.

12-59-04. Parole records — Inspection.

All parole records of the department of corrections and rehabilitation obtained in the discharge of official duty by any member of the parole board or employee of a division or department of the department of corrections and rehabilitation on behalf of the parole board may not be disclosed except in the manner provided under section 12-47-36. The decisions of the parole board to grant or deny parole are open records.

Source:

S.L. 1963, ch. 124, § 4; 1997, ch. 116, § 2; 2001, ch. 127, § 2; 2013, ch. 100, § 2.

Effective Date.

The 2013 amendment of this section by section 2 of chapter 100, S.L. 2013 became effective August 1, 2013.

Notes to Decisions

Inspection of File.

Prisoner who sought habeas corpus and was granted new probation revocation hearing could not complain that information presented to court on amended motion to quash writ was not presented at hearing where prisoner’s counsel had ample opportunity to cross-examine chief parole officer concerning report and to examine information in file but determined not to do so. John v. State, 160 N.W.2d 37, 1968 N.D. LEXIS 104 (N.D. 1968).

12-59-05. Consideration by board.

Every inmate’s eligibility for parole must be reviewed in accordance with the rules adopted by the parole board. The board shall consider all pertinent information regarding each inmate, including the circumstances of the offense, the presentence report, the inmate’s family, educational, and social history and criminal record, the inmate’s conduct, employment, participation in education and treatment programs while in the custody of the department of corrections and rehabilitation, and the inmate’s medical and psychological records.

Source:

S.L. 1963, ch. 124, § 5; 1975, ch. 113, § 2; 1981, ch. 153, § 2; 1991, ch. 116, § 13; 1997, ch. 116, § 3; 2013, ch. 100, § 3.

Effective Date.

The 2013 amendment of this section by section 3 of chapter 100, S.L. 2013 became effective August 1, 2013.

Notes to Decisions

Privileged Communications.

Where letter to chairman of parole board from assistant state’s attorney was pertinent to parole board’s consideration of prisoner’s parole, the letter was absolutely privileged under N.D.C.C. § 14-02-05(2), and summary judgment was properly granted in action for libel and slander by former counsel for prisoner against assistant state’s attorney. Pulkrabek v. Sletten, 557 N.W.2d 225, 1996 N.D. LEXIS 280 (N.D. 1996).

Reasons for Sentence.

The direction in former N.D.C.C. § 12-55-30 that a judge make the reasons for a sentence a part of the record would have had some usefulness in assisting the former board of pardons or the parole board to determine whether to shorten or commute a sentence or to release a prisoner on parole. State v. Ennis, 464 N.W.2d 378, 1990 N.D. LEXIS 261 (N.D. 1990).

12-59-06. General powers of board.

The board may issue process requiring the presence of any person or officer before it, with or without books and papers, in any matters pending before said board. If any such person or officer disobeys the order of the board, the chairman, or acting chairman, of such board may apply to any judge of the district court for an order requiring the attendance of such person or officer, with or without books and papers described in the process. The failure of any such person or officer to comply with such order of the district court shall be held to be a contempt of court and shall be punishable accordingly. Any member of the board, the parole officer, or anyone appointed by the board to secure information for said board shall have the power to examine witnesses and records and to administer oaths to witnesses. The board may employ psychiatrists or specialists for mental or medical examination of applicants and may take such reasonable steps as it may deem necessary for proper determination of any matters before it.

Source:

S.L. 1963, ch. 124, § 6; 1975, ch. 106, § 103.

Notes to Decisions

Permissive Nature of Section.

Language of this section is not mandatory; where record in prisoner’s habeas corpus proceeding did not adequately reveal that rules providing for written notice of hearing and charges against him, as well as right to have witnesses at hearing, were complied with at probation revocation hearing, denial of habeas corpus petition would be conditioned upon petitioner’s receiving new probation revocation hearing within sixty days. John v. State, 160 N.W.2d 37, 1968 N.D. LEXIS 104 (N.D. 1968).

12-59-07. Requirements precedent to parole.

The parole board may grant parole to an inmate if the board is convinced the inmate will conform to the terms and conditions of parole the board or the department of corrections and rehabilitation may establish for the inmate. The department of corrections and rehabilitation may establish intermediate conditions of parole, including incarceration for a period of seventy-two hours and restitution, subject to the subsequent approval of the parole board.

Source:

S.L. 1963, ch. 124, § 7; 1965, ch. 110, § 6; 1975, ch. 113, § 3; 1991, ch. 116, § 14; 1993, ch. 116, § 1; 1997, ch. 116, § 4; 2009, ch. 120, § 3; 2013, ch. 100, § 4.

Effective Date.

The 2013 amendment of this section by section 4 of chapter 100, S.L. 2013 became effective August 1, 2013.

Notes to Decisions

Broad Discretion of Board.

“A good record” and “a reasonable period” are ambiguous terms and clearly are not quantifiable guidelines. In addition, the board must be “convinced” of the applicant’s ability to abide by the rules. This provision delegates very broad discretion to the board. Patten v. North Dakota Parole Bd., 783 F.2d 140, 1986 U.S. App. LEXIS 22111 (8th Cir. N.D. 1986).

Parole Not Required.

Section is worded in the negative, and does not require release when certain requirements are met. Rather, the statute denies parole unless certain general requirements are met. Patten v. North Dakota Parole Bd., 783 F.2d 140, 1986 U.S. App. LEXIS 22111 (8th Cir. N.D. 1986).

Applicant has no specific conditions to fulfill that give rise to an expectation of release. Patten v. North Dakota Parole Bd., 783 F.2d 140, 1986 U.S. App. LEXIS 22111 (8th Cir. N.D. 1986).

Section does not create an expectation of release or a protected liberty interest in parole. Patten v. North Dakota Parole Bd., 783 F.2d 140, 1986 U.S. App. LEXIS 22111 (8th Cir. N.D. 1986).

Collateral References.

The propriety of conditioning parole on defendant’s not entering specified geographical area, 54 A.L.R.5th 743.

Validity of condition of probation, supervised release, or parole restricting computer use or internet access, 4 A.L.R.6th 1.

12-59-08. Medical paroles.

If an inmate, including an inmate whose sentence is subject to sections 12.1-32-02.1 and 12.1-32-09.1, and an inmate sentenced under subsection 1 of section 12.1-32-01, has a serious or terminal medical condition, the parole board may grant the inmate a medical parole. An inmate who receives a medical parole remains under the jurisdiction of the parole board until the expiration of the maximum term or terms of imprisonment for which the inmate was sentenced, less any sentence reduction the inmate has received.

Source:

S.L. 1963, ch. 124, § 8; 1981, ch. 153, § 3; 1997, ch. 116, § 5; 2009, ch. 120, § 4; 2013, ch. 100, § 5; 2017, ch. 108, § 3, effective April 21, 2017.

Effective Date.

The 2013 amendment of this section by section 5 of chapter 100, S.L. 2013 became effective August 1, 2013.

12-59-09. Inmates subject to jurisdiction of parole board.

All inmates sentenced to the legal and physical custody of the department of corrections and rehabilitation are subject to the jurisdiction of the parole board, except when parole for the inmate is prohibited by statute.

Source:

S.L. 1963, ch. 124, § 9; 1977, ch. 116, § 7; 1997, ch. 116, § 6; 2009, ch. 120, § 5; 2013, ch. 100, § 6.

Effective Date.

The 2013 amendment of this section by section 6 of chapter 100, S.L. 2013 became effective August 1, 2013.

12-59-10. Notice of parole review.

The department of corrections and rehabilitation shall provide written notice to the district court and state’s attorney’s office in the county or counties where judgment of conviction was entered against the inmate when the parole board is reviewing whether an inmate may be released on parole. The notice must include the name of the inmate, and docket number of the criminal judgment, and the date and place for the parole board’s meeting to review whether an inmate may be released on parole.

Source:

S.L. 1963, ch. 124, § 10; 1975, ch. 106, § 104; 1997, ch. 116, § 7; 2009, ch. 120, § 6; 2013, ch. 100, § 7.

Effective Date.

The 2013 amendment of this section by section 7 of chapter 100, S.L. 2013 became effective August 1, 2013.

12-59-11. Posting of notice of application in certain cases. [Repealed]

Repealed by S.L. 1973, ch. 116, § 41.

12-59-12. Board may reconsider action.

The board may reconsider its action in granting a parole to any individual at any time before the individual has been released and finally discharged from the penitentiary, a local correctional facility, a federal correctional facility, or a correctional facility of another state. Such action may be taken on the board’s own motion or on the petition of interested parties. Upon notice to a parolee and with good cause, the board may modify or enlarge conditions of parole at any time before the expiration or termination of the parole.

Source:

S.L. 1963, ch. 124, § 12; 2021, ch. 96, § 1, effective August 1, 2021.

12-59-13. Indeterminate sentence — Release of prisoner to parole. [Repealed]

Repealed by S.L. 1973, ch. 116, § 41.

12-59-13.1. Indeterminate sentence — Board to determine maximum sentence. [Repealed]

Repealed by S.L. 1973, ch. 116, § 41.

12-59-14. Psychiatric evaluation — Transfer to state hospital.

The parole board may cause any person who has been paroled under the provisions of this chapter to be given psychiatric evaluation or to be transferred to the state hospital for diagnosis and disposition according to such conditions as may be prescribed by the board.

Source:

S.L. 1963, ch. 124, § 14.

12-59-15. Breach of parole — Hearings — Order of recommitment.

  1. When it is alleged that a parolee has violated any of the terms or conditions of parole established by the parole board or by the department of corrections and rehabilitation, the director of the department of corrections and rehabilitation may issue a warrant for the arrest of the parolee.
  2. Upon issuance of a warrant of arrest for a parole violation, the running of the time period of parole must be suspended until the parole board issues a final order under this section. The parolee is entitled to credit for time spent in physical custody from the time of arrest until the time the parole board issues a final order.
  3. The parolee is entitled to a preliminary hearing, as promptly as is convenient after the arrest and reasonably near the place of the alleged violation or arrest, to determine whether there is probable cause to find that the parolee violated any of the terms and conditions of parole established by the board or by the department of corrections and rehabilitation.
  4. The preliminary hearing must be conducted before the director of the department of corrections and rehabilitation or other hearing officer authorized by the director. The preliminary hearing must be conducted by a disinterested hearing officer not directly involved in the supervision of the parolee or by the person bringing the allegation of a parole violation.
  5. If the hearing officer determines there is probable cause to find that the parolee has violated any of the terms and conditions of parole established by the board or by the department of corrections and rehabilitation, the board may redetermine the time remaining in the period of parole to reflect any portion of the period during which the parolee was not under supervision or not in the custody of law enforcement personnel in the state.
  6. If the hearing officer determines there is probable cause to find that the parolee has violated any of the terms and conditions of parole established by the board or by the department of corrections and rehabilitation, the parolee must be returned to the physical custody of the department of corrections and rehabilitation, transferred to another correctional facility or the state hospital, or released from actual custody pursuant to such terms and conditions as may be established by the parole board or the department of corrections and rehabilitation, pending a final revocation hearing before the parole board. If the board determines at the final revocation hearing that the parolee has violated any of the terms and conditions of parole established by the board or by the department of corrections and rehabilitation, it may order that the parolee be recommitted to the physical custody of the department of corrections and rehabilitation to serve all or part of the remaining time of the sentence that has not been served in custody.
  7. At any hearing pursuant to this section a record must be made and the parolee shall have:
    1. Written notice of the purpose of the hearing and the alleged violations.
    2. The opportunity to be heard in person and present witnesses and documentary evidence.
    3. The opportunity to confront and cross-examine adverse witnesses, unless the hearing officer determines that confrontation would create a risk of harm to the witness.
    4. A written statement as to the reasons for the decision.
  8. When the board determines the parolee has absconded from supervision, the board may order the parolee to pay the costs of being returned to the board. Moneys recovered under this subsection must be remitted to the department of corrections and rehabilitation.

Source:

S.L. 1963, ch. 124, § 15; 1975, ch. 113, § 4; 1977, ch. 116, § 8; 1981, ch. 153, § 4; 1985, ch. 172, § 1; 1987, ch. 161, § 1; 1991, ch. 116, § 15; 1995, ch. 121, § 3; 1997, ch. 116, § 8; 1999, ch. 117, § 3; 2009, ch. 120, § 7.

Notes to Decisions

Affidavit of Prejudice.

This section does not permit personnel of state parole board to be changed by virtue of filing of affidavit of prejudice against board, as in cases where such affidavit is filed against a judge. John v. State, 160 N.W.2d 37, 1968 N.D. LEXIS 104 (N.D. 1968).

Counsel at Revocation Hearing.

A full hearing is “due process” to which petitioner is entitled under statute; since parolee’s privilege is granted as matter of legislative grace, legislature can set standards upon which such privilege shall be denied; prisoner was not entitled to habeas corpus on theory that due process required that he be furnished counsel at revocation hearing where full hearing as defined by statute was held. John v. State, 160 N.W.2d 37, 1968 N.D. LEXIS 104 (N.D. 1968).

Warrantless Search.

District court properly denied defendant’s motion to suppress the evidence obtained from the warrantless search of his cell phone because the search was not in violation of his Fourth Amendment rights where it conducted as part of the investigation into the aggravated assault, defendant agreed to the search under the conditions of his parole, the conditions of his parole were not statutorily suspended upon his incarceration, and his expectation of privacy was diminished by virtue of his parolee status. State v. Powley, 2020 ND 124, 943 N.W.2d 766, 2020 N.D. LEXIS 113 (N.D. 2020).

Collateral References.

Sufficiency of Hearsay Evidence in Probation Revocation Hearings. 21 A.L.R.6th 771.

12-59-16. Execution of order of recommitment — Fees and payment thereof. [Repealed]

Repealed by S.L. 1997, ch. 116, § 10.

Note.

For present provisions, see N.D.C.C. § 12-59-15.

12-59-17. Causing parolee or probationer to violate parole or probation — Penalty.

Any person knowing that another person is on parole, or on probation, who willfully causes such parolee or probationer to violate the terms or conditions of the parolee’s or probationer’s parole or probation is guilty of a class A misdemeanor.

Source:

S.L. 1963, ch. 124, § 17; 1973, ch. 116, § 38.

12-59-18. Orders not reviewable — Exception.

Orders of the board are not reviewable except as to compliance with the terms of this chapter or subsection 3 or 4 of section 12.1-32-02.

Source:

S.L. 1963, ch. 124, § 18; 1989, ch. 158, § 1.

12-59-19. Reports of board and governor. [Repealed]

Repealed by S.L. 1977, ch. 116, § 9.

12-59-20. Probation and parole officers as peace officers.

  1. Probation and parole officers have the power of a peace officer:
    1. For the purpose of enforcing probation and parole laws; and
    2. To enforce the law, conduct investigations, and make arrests for violations of the law on or within any premises under the control of the department of corrections and rehabilitation.
  2. Probation and parole officers shall provide assistance to and receive assistance from other law enforcement officers in securing and jailing probation and parole violators and other offenders and in preventing and controlling of criminal activity.
  3. Probation and parole officers may supervise sexually dangerous individuals released to community placement on an outpatient basis in accordance with section 25-03.3-24.

Source:

S.L. 1991, ch. 119, § 1; 2011, ch. 405, § 1; 2015, ch. 95, § 1, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 95, S.L. 2015 became effective August 1, 2015.

The 2011 amendment of this section by section 1 of chapter 405, S.L. 2011 became effective April 19, 2011, pursuant to an emergency clause in section 3 of chapter 405, S.L. 2011.

12-59-21. Establishment and modification of parole expiration dates.

The parole board shall establish parole expiration dates in all parole cases. The parole board may not establish an initial parole expiration date that is earlier than the expiration date of the parolee’s court-imposed sentence, less sentence reduction received under chapter 12-54.1. The length of the period of parole may not be extended more than five years for a felony and two years for a misdemeanor beyond the date that the court-imposed sentence would have otherwise expired had parole not been granted. The parole board may allow a parolee to earn performance-based parole reduction at the rate of up to five days per month in accordance with performance criteria established by the parole board. The board may terminate a parolee’s supervision at any time earlier than the established date of release from parole if the parole board determines that early termination of supervision is warranted and termination of supervision is in the interest of justice. The parole board may not terminate supervision for a parolee who has a life sentence with opportunity for parole earlier than five years from the established date of release on parole.

Source:

S.L. 2005, ch. 109, § 1.

12-59-22. Twenty-four seven sobriety program.

The parole board may authorize participation in the twenty-four seven sobriety program as an intermediate sanction or condition of parole.

Source:

S.L. 2009, ch. 469, § 1.

CHAPTER 12-60 Bureau of Criminal Investigation

12-60-01. Bureau created.

A bureau of the state government, under the attorney general, is hereby created and is designated as the bureau of criminal investigation, hereinafter referred to as the bureau.

Source:

S.L. 1965, ch. 111, § 1; 1971, ch. 140, § 1.

12-60-02. Board of managers — Selection of members — Qualifications. [Repealed]

Repealed by S.L. 1971, ch. 141, § 1.

12-60-03. Terms of office — Filling of vacancies. [Repealed]

Repealed by S.L. 1971, ch. 141, § 1.

12-60-04. Duty of board — Salaries. [Repealed]

Repealed by S.L. 1971, ch. 141, § 1.

12-60-05. Attorney general — Duties — Appointment of personnel.

The attorney general shall act as superintendent of the bureau and shall have the responsibility of and shall exercise absolute control and management of the bureau. The attorney general shall appoint and fix the salary of a chief of the bureau, such special agents, and such other employees as the attorney general deems necessary to carry out the provisions of this chapter within the limits of legislative appropriations therefor. The attorney general may appoint ad hoc special agents. Ad hoc special agents are law enforcement officers from other jurisdictions appointed for a specific law enforcement purpose and do not become full-time or part-time employees of the attorney general.

Source:

S.L. 1965, ch. 111, §§ 6, 7; 1967, ch. 117, § 7; 1983, ch. 556, § 1; 2017, ch. 366, § 1, effective February 23, 2017.

12-60-06. Furnishing of equipment.

The attorney general shall provide the bureau with necessary furniture, fixtures, apparatus, appurtenances, appliances, materials, and equipment as the attorney general deems necessary for the collection, filing, and preservation of all records required by law to be filed with the bureau or which the attorney general may authorize to require or procure respecting the identification and investigation of criminals, the investigation of crime and detection of the perpetrators thereof, and identification and information concerning stolen, lost, found, pledged, or pawned property.

Source:

S.L. 1965, ch. 111, § 8.

12-60-07. Powers, duties, and functions of bureau.

  1. The bureau shall cooperate with and assist the criminal bureau of the department of justice at Washington, D.C., and similar departments in other states in establishing and carrying on a complete system of criminal identification.
  2. The bureau shall cooperate with and assist all judges, state’s attorneys, sheriffs, chiefs of police, and all other law enforcement officers of this or any other state and of the federal government in establishing such system of criminal identification.
  3. The bureau is the state central repository for the collection, maintenance, and dissemination of criminal history record information.
  4. The bureau shall assist the sheriffs and other peace officers in establishing a system for the apprehension of criminals and detection of crime.
  5. When called upon by any state’s attorney, sheriff, police officer, marshal, or other peace officers, the superintendent, chief of the bureau, and their investigators may assist, aid, and cooperate in the investigation, apprehension, arrest, detention, and conviction of all persons believed to be guilty of committing any felony within the state.
  6. The bureau shall perform such other duties in the investigation, detection, apprehension, prosecution, or suppression of crimes as may be assigned by the attorney general in the performance of the attorney general’s duties.
  7. The bureau shall provide assistance from time to time in conducting police schools for training peace officers in their powers and duties, and in the use of approved methods for detection, identification, and apprehension of criminals and require attendance at such police schools.
  8. The bureau shall perform the inspection and enforcement duties for the attorney general’s licensing department.
  9. The bureau shall detect and apprehend persons illegally possessing or disposing of drugs.

Source:

S.L. 1965, ch. 111, § 9; 1967, ch. 116, § 1; 1971, ch. 142, § 1; 1973, ch. 114, § 1; 1987, ch. 162, § 11.

12-60-07.1. Automated biometric data identification system.

The bureau may establish and maintain an automated biometric data identification system for this state. The bureau may cooperate with other states for the operation of a regional automated biometric data identification system.

Source:

S.L. 1995, ch. 123, § 1; 2015, ch. 96, § 1, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 96, S.L. 2015 became effective August 1, 2015.

12-60-08. Powers of investigators.

For the purpose of carrying out the provisions of this chapter, the investigators shall have all the powers conferred by law upon any peace officer of this state.

Source:

S.L. 1965, ch. 111, § 10.

12-60-08.1. Power of the attorney general to issue subpoenas in bureau investigations.

The attorney general may issue an administrative subpoena compelling the recipient to provide records or information to an agent of the bureau of criminal investigation in any criminal matter being investigated by the bureau.

Source:

S.L. 2009, ch. 121, § 1.

12-60-09. Authorization of attorney general for investigations.

No investigation of the acts or conduct of any state agency or state official shall be investigated or made through or by the bureau or any employee thereof, without the authorization of the attorney general particularly specifying the office, department, or person to be investigated and the scope and purposes of the investigation.

Source:

S.L. 1965, ch. 111, § 11.

12-60-10. Fingerprints, photographs, description of persons charged with felony to be procured and filed. [Repealed]

Repealed by S.L. 1987, ch. 162, § 12.

12-60-11. Enforcement officers to send fingerprints and descriptions of felons to the bureau — Report of the bureau to arresting officer. [Repealed]

Repealed by S.L. 1987, ch. 162, § 12.

12-60-12. Officer may send fingerprints of persons having certain property in possession. [Repealed]

Repealed by S.L. 1987, ch. 162, § 12.

12-60-13. Court to ascertain criminal record of defendant — Furnish information of offense to the bureau.

The judge of the district court of the county in which a defendant is to be sentenced, or the state’s attorney or sheriff thereof, shall ascertain the criminal record of every defendant convicted of a felony before sentence is passed on said defendant. The state’s attorneys and sheriffs, upon the request of the chief of the bureau or the attorney general, shall furnish to the chief of the bureau a statement of facts relative to the commission or alleged commission of all felonies within their respective counties upon such blanks or in such form as may be requested by the chief of the bureau or the attorney general.

Source:

S.L. 1965, ch. 111, § 15.

12-60-13.1. County and city officials to furnish crime statistics to superintendent. [Repealed]

Repealed by S.L. 1983, ch. 556, § 6.

12-60-14. Violation of chapter — Misdemeanor. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

12-60-15. Duty to furnish information. [Repealed]

Repealed by S.L. 1987, ch. 162, § 12.

12-60-16. Report of arrested person’s transfer, release, or disposition of case. [Repealed]

Repealed by S.L. 1987, ch. 162, § 12.

12-60-16.1. Definitions.

As used in this chapter and in section 12.1-32-15, unless the context otherwise requires:

  1. “Biometric data” includes fingerprints, palm prints, voice prints, retinal or iris images, facial recognition, and DNA profiles.
  2. “Bureau” means the bureau of criminal investigation.
  3. “Court” means the supreme court, district courts, and municipal courts of the North Dakota judicial system.
  4. “Criminal history record” means the compilation of criminal history record information of a person reported to the bureau in accordance with this chapter.
  5. “Criminal history record information” includes information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other criminal charges, any dispositions arising therefrom, sentencing, correctional supervision, and release.
  6. “Criminal justice agency” means any government law enforcement agency or entity authorized by law to provide information regarding, or to exercise the powers of, arrest, detention, prosecution, correctional supervision, rehabilitation, or release of persons suspected in, charged with, or convicted of, a crime.
  7. “Disseminate” means to transmit criminal history record information in any oral or written form. The term does not include:
    1. The transmittal of the information within a criminal justice agency.
    2. The reporting of the information as required by section 12-60-16.2.
    3. The transmittal of the information between criminal justice agencies in order to permit the initiation of subsequent criminal justice proceedings against a person relating to the same offense.
  8. “Noncriminal justice agency” means an entity that is not a criminal justice agency.
  9. “Record subject” means the person who is the primary subject of a criminal history record. The term includes any representative designated by that person by power of attorney or notarized authorization. If the subject of the record is under legal disability, the term includes that person’s parents or duly appointed legal representative.
  10. “Reportable event” means an interaction with a criminal justice agency for which a report is required to be filed under section 12-60-16.2. The term includes only those events in which the subject of the event is an adult or a juvenile adjudicated as an adult.

Source:

S.L. 1987, ch. 162, § 1; 1989, ch. 159, § 1; 1991, ch. 326, § 39; 2009, ch. 122, § 1; 2015, ch. 96, § 2, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 96, S.L. 2015 became effective August 1, 2015.

12-60-16.2. Criminal history record information — Reportable events.

Except as otherwise provided in sections 12-60-16.1 through 12-60-16.10, each criminal justice agency shall report to the bureau the information described in this section for each felony and reportable offense so designated pursuant to section 12-60-16.4. The bureau may require the criminal justice agency to provide the information in a manner that the bureau determines to be the most efficient or accurate means of collection. The following criminal justice agencies shall perform the duties indicated:

  1. Except as otherwise provided in this subsection, each criminal justice agency that makes an arrest for a reportable offense shall, with respect to that offense and the person arrested, furnish to the bureau the necessary biometric data, charges, and descriptions of the person arrested. If the arrest is made by a criminal justice agency that is a state law enforcement agency, then, on request of the arresting agency, a sheriff or jail administrator shall collect the necessary biometric data. The arresting agency shall then furnish the required information to the bureau. If a decision is made not to refer the arrest for prosecution, the criminal justice agency making that decision shall report the decision to the bureau. A criminal justice agency may make agreements with other criminal justice agencies for the purpose of furnishing to the bureau information required under this subsection.
  2. The prosecuting attorney shall notify the bureau of all charges filed, including all those added after the filing of a criminal court case, and whether charges were not filed in criminal cases for which the bureau has a record of an arrest.
  3. After the court pronounces sentence for a reportable offense, and if the necessary biometric data of the person being sentenced has not been collected with respect to that case, the prosecuting attorney shall ask the court to order a law enforcement agency to collect the necessary biometric data from that person. If the court determines that the necessary biometric data of the person being so sentenced has not previously been collected for the same case, the court shall order the necessary biometric data to be collected from that person. The law enforcement agency shall forward the necessary biometric data to the bureau.
  4. The prosecuting attorney having jurisdiction over a reportable offense shall furnish the bureau all final dispositions of criminal cases for which the bureau has a record of an arrest or a record of biometric data reported under subsection 3. For each charge, this information must include at least the following:
    1. Judgments of not guilty, judgments of guilty including the sentence pronounced by the court, discharges, and dismissals in the trial court;
    2. Reviewing court orders filed with the clerk of the court which reverse or remand a reported conviction or which vacate or modify a sentence; and
    3. Judgments terminating or revoking a sentence to probation and any resentencing after such a revocation.
  5. The North Dakota department of corrections and rehabilitation, pardon clerk, parole board, and local correctional facility administrators shall furnish the bureau with all information concerning the receipt, escape, death, release, pardon, conditional pardon, reprieve, parole, commutation of sentence, or discharge of an individual who has been sentenced to that agency’s custody for any reportable offense which is required to be collected, maintained, or disseminated by the bureau. In the case of an escape from custody or death while in custody, information concerning the receipt and escape or death must also be furnished.

Source:

S.L. 1987, ch. 162, § 2; 1989, ch. 159, § 2; 1997, ch. 115, § 2; 2003, ch. 506, § 2; 2015, ch. 96, § 3, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 3 of chapter 96, S.L. 2015 became effective August 1, 2015.

12-60-16.3. Criminal history record information — Rulemaking required.

The attorney general shall adopt appropriate rules for criminal justice agencies regarding the reporting, collecting, maintaining, and disseminating of criminal history record information. The rules must include:

  1. Policies and procedures to be used by criminal justice agencies regarding:
    1. Security of criminal history record information.
    2. Inspection and challenging of criminal history record information by a record subject.
    3. Auditing of criminal history record information to ensure that it is accurate and complete and that it is reported, collected, maintained, and disseminated in accordance with sections 12-60-16.1 through 12-60-16.10.
    4. Development and content of agreements between the bureau and criminal justice agencies providing for reporting of and access to criminal history record information.
    5. Use of criminal history record information for the purpose of research and statistical analysis of criminal activity.
    6. Criteria under which criminal history records are purged or sealed.
  2. Reportable events to be reported by each criminal justice agency, in order to avoid duplication in reporting.
  3. Time requirements for reporting criminal history record information to the bureau.

Source:

S.L. 1987, ch. 162, § 3.

12-60-16.4. Criminal history record information — Reportable offenses.

Criminal justice agencies shall report to the bureau reportable events for each felony and for each of the following offenses:

  1. Class A and B misdemeanor offenses in sections 6-08-16 and 6-08-16.1.
  2. Class A misdemeanor offenses included in title 12.1.
  3. Class A and B misdemeanor offenses in chapters 19-03.1, 19-03.2, and 19-03.4 and in sections 12-47-21 and 20.1-01-18.
  4. Class B misdemeanor offenses in sections 12.1-17-01, 12.1-17-01.2, 12.1-20-12.1, 12.1-21-05, 12.1-21-06, 12.1-22-03, 12.1-23-05, and 12.1-29-03.
  5. Class A misdemeanor offenses in chapter 14-07.1 and sections 43-15.1-02, 51-16.1-04, and 53-06.1-16.
  6. Class A misdemeanor offenses in title 62.1.
  7. Municipal ordinance violations that are equivalent to misdemeanors listed in subsections 1 through 6.
  8. Infractions and misdemeanor violations of subdivision c of subsection 5 of section 39-24-09 and chapter 39-24.1.

Source:

S.L. 1987, ch. 162, § 4; 1989, ch. 159, § 3; 1997, ch. 117, § 1; 1997, ch. 347, § 1; 1997, ch. 428, § 1; 2003, ch. 184, § 1; 2019, ch. 107, § 1, effective August 1, 2019.

Note.

The offense described in section 12.1-20-12.1, referred to in subsection 4 above, is a Class A misdemeanor, pursuant to S.L. 2001, ch. 134, § 5.

None of the offenses described in section 12.1-20-12.1, which is referenced in subsection 4 above, is a Class B misdemeanor.

12-60-16.5. Criminal history record information — Exchange of information among criminal justice agencies and the courts.

The bureau and other criminal justice agencies shall disclose criminal history record information:

  1. To a criminal justice agency that requests the information for its functions as a criminal justice agency or for use in hiring or retaining its employees.
  2. To a court, on request, to aid in a decision concerning sentence, probation, release pending trial or appeal, or a name change petition.
  3. Pursuant to a judicial, legislative, or administrative agency subpoena issued in this state.
  4. As otherwise expressly required by law.

Source:

S.L. 1987, ch. 162, § 5; 2007, ch. 115, § 1.

12-60-16.6. Criminal history record information — Dissemination to parties not described in section 12-60-16.5.

Only the bureau may disseminate a criminal history record to parties not described in section 12-60-16.5. The dissemination may be made only if all the following requirements are met:

  1. The criminal history record information has not been purged or sealed.
  2. The criminal history record information is of a conviction, including a conviction for violating section 12.1-20-03, 12.1-20-03.1, 12.1-20-04, 12.1-20-06.1, or 12.1-20-11 notwithstanding any disposition following a deferred imposition of sentence; or the criminal history record information is of a reportable event occurring within three years preceding the request.
  3. The request is written and contains:
    1. The name of the requester.
    2. The biometric data of the record subject or, if the request is made without submitting the biometric data, the request must also include the name of the record subject and at least two items of information used by the bureau to retrieve criminal history records, including:
      1. The state identification number assigned to the record subject by the bureau.
      2. The social security number of the record subject.
      3. The date of birth of the record subject.
      4. A specific reportable event identified by date and either agency or court.
  4. The identifying information supporting a request for a criminal history record does not match the record of more than one individual.

In order to confirm a record match, the bureau may contact the requester to collect additional information if a request contains an item of information that appears to be inaccurate or incomplete. This section does not prohibit the disclosure of a criminal history record by the requester or other persons after the dissemination of the record by the bureau to the requester.

Source:

S.L. 1987, ch. 162, § 6; 1989, ch. 160, § 1; 1997, ch. 124, § 1; 2005, ch. 110, § 1; 2005, ch. 111, § 2; 2007, ch. 115, § 2; 2009, ch. 122, § 2; 2015, ch. 96, § 4, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 4 of chapter 96, S.L. 2015 became effective August 1, 2015.

Notes to Decisions

No Private Action for Damages.

Citizen failed to meet the burden to establish that the legislature created a private action for damages where the citizen argued that law enforcement officials violated provisions of the criminal history record information legislation; the citizen was within the class of persons for whose benefits some of the statutory safeguards were enacted, but the legislature’s silence in failing to expressly provide a private right of action was a strong indication that it did not intend such a remedy. Ernst v. Burdick, 2004 ND 181, 687 N.W.2d 473, 2004 N.D. LEXIS 311 (N.D. 2004).

12-60-16.7. Criminal history record information — Prohibited dissemination.

If dissemination is prohibited under section 12-60-16.6, or there is no information, the bureau shall provide the following answer to the requester: “No information is available because either no information exists or dissemination is prohibited.”

Source:

S.L. 1987, ch. 162, § 7.

12-60-16.8. Criminal history record information — Required disclosure of certain dissemination.

If the bureau disseminates information under section 12-60-16.6, unless the request was accompanied by an authorization on forms prescribed by the bureau and signed by the record subject, the bureau shall mail notice of that dissemination to the record subject at the last known address of the record subject.

Source:

S.L. 1987, ch. 162, § 8.

12-60-16.9. Criminal history record information — Fee for record check.

The bureau shall impose a fee of fifteen dollars for each state record check. The bureau shall impose a fee of five dollars for each record check for a nonprofit organization that is organized and operated in this state exclusively for charitable purposes for the exclusive benefit of minors. The bureau shall impose a fee of five dollars for each record check conducted on a volunteer providing services for a nonprofit organization that is organized and operated in this state exclusively for charitable purposes for the exclusive benefit of vulnerable elderly adults. The bureau shall impose a fee of fifteen dollars for processing biometric data necessary for each nationwide criminal history record check. The bureau shall waive the fees for any criminal justice agency or court.

Source:

S.L. 1987, ch. 162, § 9; 1999, ch. 118, § 1; 2003, ch. 506, § 3; 2005, ch. 111, § 3; 2015, ch. 96, § 5, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 5 of chapter 96, S.L. 2015 became effective August 1, 2015.

12-60-16.10. Criminal history record information — Penalty.

Any willful violation as defined in section 12.1-02-02 of any provision of sections 12-60-16.1 through 12-60-16.9 relating to reporting or disseminating criminal history record information is a class A misdemeanor.

Source:

S.L. 1987, ch. 162, § 10.

Cross-References.

Penalty for class A misdemeanor, see N.D.C.C. § 12.1-32-01.

12-60-16.11. Criminal history record information — Required action.

Any person offering criminal background checks for compensation, for the purpose of screening applicants seeking a position in which the applicant is responsible for providing care for a vulnerable adult, shall utilize the bureau of criminal investigation statewide criminal history data base in addition to any other compiled information. The entity shall pay any applicable fees set forth in section 12-60-16.9.

Source:

S.L. 2005, ch. 110, § 2.

12-60-16.12. Criminal history record information — Civil action — Penalty.

A person that disseminates, publishes, or maintains or causes to be disseminated, published, or maintained, the criminal history record information of an individual which pertains to that individual’s charge or arrest for a criminal offense, and solicits, requests, or accepts money or other thing of value for removing the criminal history record information is civilly liable to that individual in the amount of five hundred dollars or actual damages, whichever is greater, plus reasonable attorney’s fees and court costs.

Source:

S.L. 2021, ch. 97, § 1, effective August 1, 2021.

12-60-17. Superintendent to make rules and regulations.

The superintendent, pursuant to chapter 28-32, shall make and promulgate such rules and regulations, not inconsistent with the provisions of this chapter, as may be necessary and proper for the efficient performance of the bureau’s duties. Such rules and regulations must be forwarded to each state’s attorney, sheriff, marshal, or other peace officer, and each of said officers shall assist the superintendent in the performance of the superintendent’s duties by complying with such rules and regulations.

Source:

S.L. 1965, ch. 111, § 19; 1983, ch. 556, § 2; 1989, ch. 161, § 1; 2021, ch. 175, § 1, effective August 1, 2021.

12-60-18. Money collected paid into general fund.

All moneys collected or received, including all rewards for the apprehension or conviction of any criminal earned or collected by the superintendent, the chief of the bureau, his assistants, or any employee of his office, shall be paid into the general fund of the state.

Source:

S.L. 1965, ch. 111, § 20.

12-60-19. Cooperation of bureau. [Repealed]

Repealed by S.L. 1983, ch. 556, § 6.

12-60-20. Bureau to act as a consumer fraud bureau. [Repealed]

Repealed by S.L. 1983, ch. 556, § 6.

12-60-21. State crime laboratory. [Repealed]

Repealed by S.L. 2003, ch. 469, § 13.

12-60-22. Provision of laboratory facilities and technical personnel — Request. [Repealed]

Repealed by S.L. 2003, ch. 469, § 13.

12-60-23. Bureau to maintain registry of protection orders, orders prohibiting contact, and restraining orders.

The bureau shall maintain a registry of all orders of which it receives notice under sections 11-15-32, 12.1-31.2-02, 14-07.1-02, and 14-07.1-03.

Source:

S.L. 1995, ch. 113, § 2; 2017, ch. 107, § 1, effective August 1, 2017.

12-60-24. Criminal history record checks. [Effective through August 31, 2022]

    1. Each applicant, employee, or petitioner for adoption or name change who is subject to a criminal history record check under subsection 2 shall consent to a statewide and nationwide criminal history record check for the purpose of determining suitability or fitness for a permit, license, registration, employment, or adoption.
    2. Each applicant, employee, registrant, or petitioner for adoption or name change subject to a criminal history record check shall provide to the requesting agency or entity written consent to conduct the check and to release or disclose the information in accordance with state and federal law, two sets of fingerprints from a law enforcement agency or other local agency authorized to take fingerprints, any other identifying information requested, and a statement indicating whether the applicant or employee has ever been convicted of a crime.
    3. The agency, official, or entity shall submit these fingerprints to the bureau of criminal investigation for nationwide criminal history record information that includes resubmission of the fingerprints by the bureau of criminal investigation to the federal bureau of investigation. Except if otherwise provided by law, federal bureau of investigation criminal history record information obtained by an agency or entity is confidential. For a request for nationwide criminal history record information made under this section, the bureau of criminal investigation is the sole source to receive the fingerprint submissions and responses from the federal bureau of investigation. A person who takes fingerprints under this section may charge a reasonable fee to offset the cost of fingerprinting. Unless otherwise provided by law, the bureau of criminal investigation may charge appropriate fees for criminal history information.
    4. Fingerprints and any other identifying information the bureau has obtained under this section may be retained by the bureau and the federal bureau of investigation at the request of the agency, official, or entity submitting the fingerprints and any other identifying information for a statewide and nationwide criminal history record check. The subject of the records must be provided notice of the retention of the fingerprints and any other identifying information. The bureau may provide to each agency, official, or entity listed in subsection 2 of this section the response of the bureau and the federal bureau of investigation any statewide criminal history record information that may lawfully be made available under this chapter.
    5. The bureau may provide the results of a criminal history background check made under subsection 2 of this section to another state’s identification bureau or central repository for the collection, maintenance, and dissemination of criminal history record information when the other state’s identification bureau or central repository has requested the results of the criminal history background check and the agency, official, or entity of the other state has equivalent authority to subsection 2 of this section to request a statewide and nationwide criminal history check.
  1. The bureau of criminal investigation shall provide to each agency, official, or entity listed in this subsection who has requested a statewide and nationwide criminal history record check, the response of the federal bureau of investigation and any statewide criminal history record information that may lawfully be made available under this chapter:
    1. The governing body of a city or a county, by ordinance or resolution, for a final applicant for a specified occupation with the city or county.
    2. The agriculture commissioner for each applicant for a license to grow or process hemp under section 4.1-18.1-02.
    3. The education standards and practices board for initial, re-entry, and reciprocal teacher licenses under sections 15.1-13-14 and 15.1-13-20 and school guidance and counseling services under section 15.1-13-23.
    4. The North Dakota board of medicine for licenses or disciplinary investigations under section 43-17-07.1, except that criminal history record checks need not be made unless required by the board.
    5. The private investigative and security board for licenses or registrations under section 43-30-06.
    6. The department of human services for foster care licenses, approvals, and identified relatives under chapter 50-11, appointments of legal guardians under chapter 50-11.3, and petitions for adoptions under chapter 50-12, except that the criminal history record investigation must be conducted in accordance with those chapters. A criminal history record investigation completed under chapter 50-11, 50-11.3, or 50-12 may be used to satisfy the requirements of a criminal history record investigation under either of the other two chapters.
    7. The department of human services for criminal history record checks authorized under section 50-06-01.9.
    8. The chief information officer of the information technology department for certain individuals under section 54-59-20.
    9. A public peace officer training school that has been approved by the peace officer standards and training board for enrollees in the school. The school may only disclose the criminal history record information as authorized by law. The school shall pay the costs for securing the fingerprints, any criminal history record information made available under this chapter, and for the nationwide criminal history record check. This subdivision does not apply to the highway patrol law enforcement training center and enrollees who have a limited license under section 12-63-09.
    10. The North Dakota public employees retirement board for individuals first employed by the public employees retirement board after July 31, 2005, who have unescorted physical access to the office or any security-sensitive area of the office as designated by the executive director.
    11. The executive director of the retirement and investment office for individuals first employed by the retirement and investment office after July 31, 2005, who have unescorted physical access to the office or any security-sensitive area of the office as designated by the executive director.
    12. The Bank of North Dakota for a final applicant for a specified occupation with the Bank as designated by the president.
    13. Job service North Dakota for all employees, final applicants for employment with job service, and contractors with access to federal tax information.
    14. The state department of health for a final applicant for a job opening or a current employee with the department as designated by the state health officer; an individual being investigated by the department; or, when requested by the department, an applicant for registration as a designated caregiver or a compassion center agent under chapter 19-24.1.
    15. The state board of nursing for applicants, licensees, registrants, or disciplinary investigations under chapter 43-12.1, except that criminal history record checks need not be made unless required by the board.
    16. The state board of pharmacy for applicants or disciplinary investigations under chapter 43-15 and registrations, or revocation or suspension of registrations, under chapter 19-03.1, except that criminal history record checks need not be made unless required by the board.
    17. The state real estate commission for applicants, licensees, or investigations under chapter 43-23, except that criminal history record checks need not be made unless required by the commission.
    18. The North Dakota board of social work examiners for applicants for initial licensure or licensees under chapter 43-41, except that criminal history record checks for licensees need not be made unless required by the board.
    19. All agencies, departments, bureaus, boards, commissions, or institutions of the state, including the North Dakota university system, for all employees or final applicants for employment as a security guard or to otherwise provide security.
    20. The office of management and budget for each individual who has access to personal information as designated by the director.
    21. The department of corrections and rehabilitation for all agents and employees and a final applicant for employment designated by the director and for each agent, employee, or a final applicant for employment of a privately operated entity providing contract correctional services for the department who exercises direct authority over juveniles, inmates, probationers, or parolees.
    22. A city, county, or combination of cities or counties that operates a correctional facility subject to chapter 12-44.1, for each agent and employee and a final applicant for employment of the correctional facility who has direct contact with or exercises direct authority over any juvenile or inmate of the correctional facility, and for each agent, employee, or a final applicant for employment of a privately operated entity providing contract correctional services for the correctional facility who exercises direct authority over juveniles, inmates, probationers, or parolees.
    23. The North Dakota university system for a final applicant for or employee in a specified position in the university system or a university system institution or for each student applying for or admitted to a specified program of study, as designated by the chancellor.
      1. The board of a school district, for employees designated by the board, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;
      2. The board of a multidistrict special education unit, for employees designated by the board, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;
      3. The board of an area career and technology center, for employees designated by the board, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;
      4. The board of a regional education association, for employees designated by the board, provided the board is responsible for paying the costs associated with obtaining a criminal history record check; and
      5. The superintendent of public instruction in the case of a nonpublic school or a state school with a superintendent appointed by or reporting to the superintendent of public instruction, for employees designated by the nonpublic or state school, provided the nonpublic or state school is responsible for paying the costs associated with obtaining a criminal history record check.
      1. The board of a school district, for a final applicant seeking employment with the district or otherwise providing services to the district, if that individual has unsupervised contact with students, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;
      2. The board of a multidistrict special education unit, for a final applicant seeking employment with the unit or otherwise providing services to the unit, if that individual has unsupervised contact with students, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;
      3. The board of an area career and technology center, for a final applicant seeking employment with the center or otherwise providing services to the center, if that individual has unsupervised contact with students, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;
      4. The board of a regional education association, for a final applicant seeking employment with the association or otherwise providing services to the association if that individual has unsupervised contact with students, provided the board is responsible for paying the costs associated with obtaining a criminal history record check; and
      5. The superintendent of public instruction in the case of a nonpublic school or a state school with a superintendent appointed by or reporting to the superintendent of public instruction, for a final applicant seeking employment with the school or otherwise providing services to the school, if that individual has unsupervised contact with students, provided the board is responsible for paying the costs associated with obtaining a criminal history record check.
      6. For purposes of this subdivision, “unsupervised contact” with students means being in proximity to one or more students, on school grounds or at school functions, outside the presence of an individual who has been subject to a criminal history record check.
    24. The racing commission for applicants for licenses under chapter 53-06.2, except that criminal history record checks need not be made unless required by the commission.
    25. A district court for a petition to change a name under chapter 32-28.
    26. The state board of pharmacy for a wholesale drug distributor seeking licensure under chapter 43-15.3.
    27. The board of dental examiners for investigations of applicants or dentists under section 43-28-11.2, except that criminal history record checks need not be made unless required by the board.
    28. The department of financial institutions for each applicant for a specified occupation with the department as specified by the commissioner and principal owners and managing officers of applicants for a license from the department of financial institutions.
    29. The office of tax commissioner for all employees, final applicants for employment with the tax commissioner, and contractors with access to federal tax information.
    30. The state board of examiners for nursing home administrators for applicants for licensure or licensees under chapter 43-34, except that criminal history record checks for licensees need not be made unless required by the board.
    31. The marriage and family therapy licensure board for applicants, licensees, or investigations under chapter 43-53, except that criminal history record checks need not be made unless required by the board.
    32. The state board of chiropractic examiners for applicants, licensees, certificates, or investigations under chapter 43-06, except that criminal history record checks need not be made unless required by the board.
    33. Workforce safety and insurance for a final applicant for a specified occupation with workforce safety and insurance as designated by the director, or for contractors who may have access to confidential information as designated by the director.
    34. The board of counselor examiners for applicants for licensure or licensees under chapter 43-47, except that criminal history record checks for licensees need not be made unless required by the board.
    35. The state board of respiratory care for applicants, licensees, or investigations under chapter 43-42, except that criminal history record checks need not be made unless required by the board.
    36. The North Dakota real estate appraiser qualifications and ethics board for applicants for permits or registration or permittees, registrants, owners, or controlling persons under chapters 43-23.3 and 43-23.5, except that criminal history record checks for permittees, registrants, owners, or controlling persons need not be made unless required by the board.
    37. The insurance department for criminal history record checks authorized under chapters 26.1-26 and 26.1-26.8.
    38. The office of the adjutant general for employees and volunteers working with the recruiting and retention, sexual assault, and youth programs.
    39. The parks and recreation department for volunteers and final applicants for employment, as determined by the director of the parks and recreation department.
    40. The North Dakota medical imaging and radiation therapy board of examiners for licensure and licensees under chapter 43-62, except that criminal history record checks for licensees need not be made unless required by the board.
    41. The game and fish department for volunteers and final applicants for employment, as determined by the director of the game and fish department.
    42. The North Dakota board of massage for applicants, licensees, or investigations under chapter 43-25.
    43. The North Dakota board of physical therapy for physical therapist and physical therapist assistant applicants and for licensees under investigation, except that criminal history record checks need not be made unless required by the board.
    44. The department of commerce for volunteers and employees providing services through eligible organizations, as determined by the commissioner of commerce.
    45. The state court administrator for a guardian ad litem who provides direct services to youth.
    46. The department of environmental quality for a final applicant for a job opening or a current employee with the department; an individual being investigated by the department; or, when requested by the department, an applicant for a radioactive materials license under chapter 23.1-03 or a solid waste permit under chapter 23.1-08.
    47. The housing finance agency for criminal history record checks authorized under section 54-17-07.13.
    48. The office of state treasurer for each individual who has access to federal tax information.
    49. The public service commission for initial applicant licenses under chapter 51-05.1, except that criminal history record checks need not be made unless required by the public service commission.
    50. The department of human services for a criminal history record check for a children’s advocacy center as authorized under section 50-25.1-11.1.
    1. The bureau of criminal investigation shall conduct a statewide and nationwide criminal history record check for the purpose of determining eligibility for a concealed weapons license for each applicant for an initial license or the renewal of a concealed weapons license under chapter 62.1-04. The nationwide criminal history record check must include an inquiry of the national instant criminal background check system, and if the applicant is not a United States citizen, an immigration alien query.
    2. Each applicant for a concealed weapons license shall provide to the bureau of criminal investigation written consent to conduct the criminal history record check, to maintain, release, and disclose the information in accordance with state and federal law, and to make a determination on the application; two sets of fingerprints from a law enforcement agency or other individual authorized to take fingerprints; and any other information required under chapter 62.1-04. The person who takes fingerprints under this subsection may charge a reasonable fee for fingerprinting.
    3. The bureau of criminal investigation shall resubmit the fingerprints to the federal bureau of investigation. Except as otherwise provided by law, federal bureau of investigation criminal history record information is confidential.

aaa. The state historical society for volunteers and final applicants for employment, except that criminal history record checks need not be made unless requested by the society.

bbb. The department of transportation for volunteers and final applicants for employment, as determined by the director of the department of transportation.

ccc. The commission on legal counsel for indigents for a volunteer or final applicant for employment, as determined by the director of the commission on legal counsel for indigents.

ddd. The board of dietetic practice for applications for licensure or renewal under chapter 43-44, except that criminal history record checks need not be made unless required by the board.

eee. The secretary of state for employees with access to personally identifying information of residents or businesses of the state or with access to elections systems that are critical infrastructure under section 44-04-24.

fff. The state department of health for applicants for initial licensure for emergency medical services personnel, such as emergency medical technicians, advanced emergency medical technicians, and paramedics, as required by subdivision d of subsection 3 of section 23-27.1-03.

Source:

S.L. 2003, ch. 100, § 1; 2005, ch. 111, § 4; 2007, ch. 70, § 2; 2007, ch. 115, §§ 3, 4; 2007, ch. 374, § 1; 2007, ch. 367, § 1; 2007, ch. 491, § 1; 2009, ch. 123, § 1; 2009, ch. 377, § 1; 2009, ch. 379, § 1; 2009, ch. 422, § 1; 2011, ch. 94, § 1; 2011, ch. 328, § 1; 2011, ch. 512, § 1; 2011, ch. 327, § 1; 2013, ch. 12, § 7; 2013, ch. 232, § 1; 2013, ch. 324, § 1; 2013, ch. 325, § 1; 2013, ch. 491, § 1; 2015, ch. 67, § 3, effective August 1, 2015; 2015, ch. 96, § 6, effective August 1, 2015; 2015, ch. 97, § 1, effective March 12, 2015; 2015, ch. 98, § 1, effective July 1, 2015; 2015, ch. 99, § 1, effective August 1, 2015; 2015, ch. 100, § 1, effective July 1, 2015; 2015, ch. 297, § 1, effective August 1, 2015; 2015, ch. 302, § 1, effective July 1, 2015; 2015, ch. 309, § 1, effective August 1, 2015; 2017, ch. 94, § 1, 2, effective August 1, 2017; 2017, ch. 95, § 1, effective March 3, 2017; 2017, ch. 96, § 1, effective August 1, 2017; 2017, ch. 199, § 7, effective April 29, 2019; 2017, ch. 286, § 1, effective August 1, 2017; 2017, ch. 409, § 1, effective July 1, 2017; 2019, ch. 61, § 2, effective March 29, 2019; 2019, ch. 100, §§ 1, 2, effective August 1, 2019; 2019, ch. 101, § 1, effective August 1, 2019; 2019, ch. 102, § 1, effective August 1, 2019; 2019, ch. 239, § 1, effective July 1, 2019; 2019, ch. 404, § 1, effective October 1, 2019; 2021, ch. 164, § 1, effective August 1, 2021; 2021, ch. 218, § 1, effective August 1, 2021; 2021, ch. 379, § 1, effective July 1, 2021; 2021, ch. 323, § 1, effective July 1, 2021; 2021, ch. 447, § 1, effective August 1, 2021; 2021, ch. 452, § 1, effective August 1, 2021; 2021, 1st Sp. Sess. ch. 551, § 1, effective November 12, 2021.

Effective Date.

The 2015 amendment of this section by section 3 of chapter 67, S.L. 2015 became effective August 1, 2015.

The 2015 amendment of this section by section 6 of chapter 96, S.L. 2015 became effective August 1, 2015.

The 2015 amendment of this section by section 1 of chapter 97, S.L. 2015 became effective March 12, 2015, pursuant to an emergency clause in section 2 of chapter 97, S.L. 2015.

The 2015 amendment of this section by section 1 of chapter 98, S.L. 2015 is effective on August 1, 2015.

The 2015 amendment of this section by section 1 of chapter 99, S.L. 2015 became effective August 1, 2015.

The 2015 amendment of this section by section 1 of chapter 100, S.L. 2015 became effective July 1, 2015.

The 2015 amendment of this section by section 1 of chapter 297, S.L. 2015 became effective August 1, 2015.

The 2015 amendment of this section by section 1 of chapter 302, S.L. 2015 became effective July 1, 2015.

The 2015 amendment of this section by section 1 of chapter 309, S.L. 2015 became effective August 1, 2015.

The 2013 amendment of this section by section 7 of chapter 12, S.L. 2013 became effective July 1, 2013.

The 2013 amendment of this section by section 1 of chapter 232, S.L. 2013 becomes effective September 1, 2013.

The 2013 amendment of this section by section 1 of chapter 324, S.L. 2013 became effective August 1, 2013.

The 2013 amendment of this section by section 1 of chapter 325, S.L. 2013 became effective July 1, 2013.

The 2013 amendment of this section by section 1 of chapter 491, S.L. 2013 became effective August 1, 2013.

The 2011 amendment of this section by section 1 of chapter 94, S.L. 2011 became effective August 1, 2011.

The 2011 amendment of this section by section 1 of chapter 328, S.L. 2011 became effective August 1, 2011.

The 2011 amendment of this section by section 1 of chapter 512, S.L. 2011 became effective August 1, 2011.

The 2011 amendment of this section by section 1 of chapter 327, S.L. 2011 became effective August 1, 2011.

Note.

Section 12-60-24 was amended 10 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 18 of Chapter 352, Session Laws 2021, House Bill 1247; Section 1 of Chapter 379, Session Laws 2021, Senate Bill 2338; Section 1 of Chapter 164, Session Laws 2021, House Bill 1253; Section 1 of Chapter 323, Session Laws 2021, Senate Bill 2187; Section 2 of Chapter 98, Session Laws 2021, House Bill 1073; Section 1 of Chapter 98, Session Laws 2021, House Bill 1073; Section 1 of Chapter 378, Session Laws 2021, Senate Bill 2131; Section 1 of Chapter 452, Session Laws 2021, Senate Bill 2062; Section 1 of Chapter 218, Session Laws 2021, Senate Bill 2110; and Section 1 of Chapter 447, Session Laws 2021, Senate Bill 2174.

Section 12-60-24 was amended 6 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 102, Session Laws 2019, House Bill 1074; Section 1 of Chapter 404, Session Laws 2019, House Bill 1102; Section 1 of Chapter 101, Session Laws 2019, House Bill 1376; Section 2 of Chapter 61, Session Laws 2019, House Bill 1349; Section 1 of Chapter 239, Session Laws 2019, House Bill 1219; and Section 1 of Chapter 100, Session Laws 2019, House Bill 1084.

Section 12-60-24 was amended 6 times by the Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 95, Session Laws 2017, House Bill 1132; Section 1 of Chapter 286, Session Laws 2017, House Bill 1087; Section 1 of Chapter 96, Session Laws 2017, Senate Bill 2131; Section 1 of Chapter 409, Session Laws 2017, Senate Bill 2126; Section 7 of Chapter 199, Session Laws 2017, Senate Bill 2327; and Section 1 of Chapter 94, Session Laws 2017, House Bill 1060. [Contingency met in 2019]

This section is set out above to reflect that the contingency of the section has been met.

Section 12-60-24 was amended 9 times by the 2015 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 98, Session Laws 2015, House Bill 1125; Section 1 of Chapter 97, Session Laws 2015, House Bill 1105; Section 1 of Chapter 297, Session Laws 2015, House Bill 1153; Section 1 of Chapter 309, Session Laws 2015, Senate Bill 2236; Section 6 of Chapter 96, Session Laws 2015, Senate Bill 2215; Section 3 of Chapter 67, Session Laws 2015, House Bill 1436; Section 1 of Chapter 100, Session Laws 2015, Senate Bill 2145; Section 1 of Chapter 99, Session Laws 2015, Senate Bill 2077; and Section 1 of Chapter 302, Session Laws 2015, Senate Bill 2085.

Section 12-60-24 was amended 5 times by the 2013 Legislative Assembly. Pursuant to section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in section 7 of chapter 12, Session Laws 2013, House Bill 1012; section 1 of chapter 324, Session Laws 2013, Senate Bill 2110; section 1 of chapter 325, Session Laws 2013, House Bill 1389; section 1 of chapter 232, Session Laws 2013, Senate Bill 2304; and section 1 of chapter 491, Session Laws 2013, House Bill 1327.

Section 12-60-24 was amended 4 times by the 2011 Legislative Assembly. Pursuant to section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in section 1 of chapter 512, Session Laws 2011, Senate Bill 2114; section 1 of chapter 328, Session Laws 2011, Senate Bill 2097; section 1 of chapter 94, Session Laws 2011, House Bill 1081; and section 1 of chapter 327, Session Laws 2011, Senate Bill 2199.

12-60-24. Criminal history record checks. [Effective September 1, 2022]

    1. Each applicant, employee, or petitioner for adoption or name change who is subject to a criminal history record check under subsection 2 shall consent to a statewide and nationwide criminal history record check for the purpose of determining suitability or fitness for a permit, license, registration, employment, or adoption.
    2. Each applicant, employee, registrant, or petitioner for adoption or name change subject to a criminal history record check shall provide to the requesting agency or entity written consent to conduct the check and to release or disclose the information in accordance with state and federal law, two sets of fingerprints from a law enforcement agency or other local agency authorized to take fingerprints, any other identifying information requested, and a statement indicating whether the applicant or employee has ever been convicted of a crime.
    3. The agency, official, or entity shall submit these fingerprints to the bureau of criminal investigation for nationwide criminal history record information that includes resubmission of the fingerprints by the bureau of criminal investigation to the federal bureau of investigation. Except if otherwise provided by law, federal bureau of investigation criminal history record information obtained by an agency or entity is confidential. For a request for nationwide criminal history record information made under this section, the bureau of criminal investigation is the sole source to receive the fingerprint submissions and responses from the federal bureau of investigation. A person who takes fingerprints under this section may charge a reasonable fee to offset the cost of fingerprinting. Unless otherwise provided by law, the bureau of criminal investigation may charge appropriate fees for criminal history information.
    4. Fingerprints and any other identifying information the bureau has obtained under this section may be retained by the bureau and the federal bureau of investigation at the request of the agency, official, or entity submitting the fingerprints and any other identifying information for a statewide and nationwide criminal history record check. The subject of the records must be provided notice of the retention of the fingerprints and any other identifying information. The bureau may provide to each agency, official, or entity listed in subsection 2 of this section the response of the bureau and the federal bureau of investigation any statewide criminal history record information that may lawfully be made available under this chapter.
    5. The bureau may provide the results of a criminal history background check made under subsection 2 of this section to another state’s identification bureau or central repository for the collection, maintenance, and dissemination of criminal history record information when the other state’s identification bureau or central repository has requested the results of the criminal history background check and the agency, official, or entity of the other state has equivalent authority to subsection 2 of this section to request a statewide and nationwide criminal history check.
  1. The bureau of criminal investigation shall provide to each agency, official, or entity listed in this subsection who has requested a statewide and nationwide criminal history record check, the response of the federal bureau of investigation and any statewide criminal history record information that may lawfully be made available under this chapter:
    1. The governing body of a city or a county, by ordinance or resolution, for a final applicant for a specified occupation with the city or county.
    2. The agriculture commissioner for each applicant for a license to grow or process hemp under section 4.1-18.1-02.
    3. The education standards and practices board for initial, re-entry, and reciprocal teacher licenses under sections 15.1-13-14 and 15.1-13-20 and school guidance and counseling services under section 15.1-13-23.
    4. The North Dakota board of medicine for licenses or disciplinary investigations under section 43-17-07.1, except that criminal history record checks need not be made unless required by the board.
    5. The private investigative and security board for licenses or registrations under section 43-30-06.
    6. The department of health and human services for foster care licenses, approvals, and identified relatives under chapter 50-11, appointments of legal guardians under chapter 50-11.3, and petitions for adoptions under chapter 50-12, except that the criminal history record investigation must be conducted in accordance with those chapters. A criminal history record investigation completed under chapter 50-11, 50-11.3, or 50-12 may be used to satisfy the requirements of a criminal history record investigation under either of the other two chapters.
    7. The department of health and human services for criminal history record checks authorized under section 50-06-01.9.
    8. The chief information officer of the information technology department for certain individuals under section 54-59-20.
    9. A public peace officer training school that has been approved by the peace officer standards and training board for enrollees in the school. The school may only disclose the criminal history record information as authorized by law. The school shall pay the costs for securing the fingerprints, any criminal history record information made available under this chapter, and for the nationwide criminal history record check. This subdivision does not apply to the highway patrol law enforcement training center and enrollees who have a limited license under section 12-63-09.
    10. The North Dakota public employees retirement board for individuals first employed by the public employees retirement board after July 31, 2005, who have unescorted physical access to the office or any security-sensitive area of the office as designated by the executive director.
    11. The executive director of the retirement and investment office for individuals first employed by the retirement and investment office after July 31, 2005, who have unescorted physical access to the office or any security-sensitive area of the office as designated by the executive director.
    12. The Bank of North Dakota for a final applicant for a specified occupation with the Bank as designated by the president.
    13. Job service North Dakota for all employees, final applicants for employment with job service, and contractors with access to federal tax information.
    14. The department of health and human services for a final applicant for a job opening or a current employee with the department as designated by the state health officer; an individual being investigated by the department; or, when requested by the department, an applicant for registration as a designated caregiver or a compassion center agent under chapter 19-24.1.
    15. The state board of nursing for applicants, licensees, registrants, or disciplinary investigations under chapter 43-12.1, except that criminal history record checks need not be made unless required by the board.
    16. The state board of pharmacy for applicants or disciplinary investigations under chapter 43-15 and registrations, or revocation or suspension of registrations, under chapter 19-03.1, except that criminal history record checks need not be made unless required by the board.
    17. The state real estate commission for applicants, licensees, or investigations under chapter 43-23, except that criminal history record checks need not be made unless required by the commission.
    18. The North Dakota board of social work examiners for applicants for initial licensure or licensees under chapter 43-41, except that criminal history record checks for licensees need not be made unless required by the board.
    19. All agencies, departments, bureaus, boards, commissions, or institutions of the state, including the North Dakota university system, for all employees or final applicants for employment as a security guard or to otherwise provide security.
    20. The office of management and budget for each individual who has access to personal information as designated by the director.
    21. The department of corrections and rehabilitation for all agents and employees and a final applicant for employment designated by the director and for each agent, employee, or a final applicant for employment of a privately operated entity providing contract correctional services for the department who exercises direct authority over juveniles, inmates, probationers, or parolees.
    22. A city, county, or combination of cities or counties that operates a correctional facility subject to chapter 12-44.1, for each agent and employee and a final applicant for employment of the correctional facility who has direct contact with or exercises direct authority over any juvenile or inmate of the correctional facility, and for each agent, employee, or a final applicant for employment of a privately operated entity providing contract correctional services for the correctional facility who exercises direct authority over juveniles, inmates, probationers, or parolees.
    23. The North Dakota university system for a final applicant for or employee in a specified position in the university system or a university system institution or for each student applying for or admitted to a specified program of study, as designated by the chancellor.
      1. The board of a school district, for employees designated by the board, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;
      2. The board of a multidistrict special education unit, for employees designated by the board, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;
      3. The board of an area career and technology center, for employees designated by the board, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;
      4. The board of a regional education association, for employees designated by the board, provided the board is responsible for paying the costs associated with obtaining a criminal history record check; and
      5. The superintendent of public instruction in the case of a nonpublic school or a state school with a superintendent appointed by or reporting to the superintendent of public instruction, for employees designated by the nonpublic or state school, provided the nonpublic or state school is responsible for paying the costs associated with obtaining a criminal history record check.
      1. The board of a school district, for a final applicant seeking employment with the district or otherwise providing services to the district, if that individual has unsupervised contact with students, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;
      2. The board of a multidistrict special education unit, for a final applicant seeking employment with the unit or otherwise providing services to the unit, if that individual has unsupervised contact with students, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;
      3. The board of an area career and technology center, for a final applicant seeking employment with the center or otherwise providing services to the center, if that individual has unsupervised contact with students, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;
      4. The board of a regional education association, for a final applicant seeking employment with the association or otherwise providing services to the association if that individual has unsupervised contact with students, provided the board is responsible for paying the costs associated with obtaining a criminal history record check; and
      5. The superintendent of public instruction in the case of a nonpublic school or a state school with a superintendent appointed by or reporting to the superintendent of public instruction, for a final applicant seeking employment with the school or otherwise providing services to the school, if that individual has unsupervised contact with students, provided the board is responsible for paying the costs associated with obtaining a criminal history record check.
      6. For purposes of this subdivision, “unsupervised contact” with students means being in proximity to one or more students, on school grounds or at school functions, outside the presence of an individual who has been subject to a criminal history record check.
    24. The racing commission for applicants for licenses under chapter 53-06.2, except that criminal history record checks need not be made unless required by the commission.
    1. The bureau of criminal investigation shall conduct a statewide and nationwide criminal history record check for the purpose of determining eligibility for a concealed weapons license for each applicant for an initial license or the renewal of a concealed weapons license under chapter 62.1-04. The nationwide criminal history record check must include an inquiry of the national instant criminal background check system, and if the applicant is not a United States citizen, an immigration alien query.
    2. Each applicant for a concealed weapons license shall provide to the bureau of criminal investigation written consent to conduct the criminal history record check, to maintain, release, and disclose the information in accordance with state and federal law, and to make a determination on the application; two sets of fingerprints from a law enforcement agency or other individual authorized to take fingerprints; and any other information required under chapter 62.1-04. The person who takes fingerprints under this subsection may charge a reasonable fee for fingerprinting.
    3. The bureau of criminal investigation shall resubmit the fingerprints to the federal bureau of investigation. Except as otherwise provided by law, federal bureau of investigation criminal history record information is confidential.

aa. A district court for a petition to change a name under chapter 32-28.

bb. The state board of pharmacy for a wholesale drug distributor seeking licensure under chapter 43-15.3.

cc. The board of dental examiners for investigations of applicants or dentists under section 43-28-11.2, except that criminal history record checks need not be made unless required by the board.

dd. The department of financial institutions for each applicant for a specified occupation with the department as specified by the commissioner and principal owners and managing officers of applicants for a license from the department of financial institutions.

ee. The office of tax commissioner for all employees, final applicants for employment with the tax commissioner, and contractors with access to federal tax information.

ff. The state board of examiners for nursing home administrators for applicants for licensure or licensees under chapter 43-34, except that criminal history record checks for licensees need not be made unless required by the board.

gg. The marriage and family therapy licensure board for applicants, licensees, or investigations under chapter 43-53, except that criminal history record checks need not be made unless required by the board.

hh. The state board of chiropractic examiners for applicants, licensees, certificates, or investigations under chapter 43-06, except that criminal history record checks need not be made unless required by the board.

ii. Workforce safety and insurance for a final applicant for a specified occupation with workforce safety and insurance as designated by the director, or for contractors who may have access to confidential information as designated by the director.

jj. The board of counselor examiners for applicants for licensure or licensees under chapter 43-47, except that criminal history record checks for licensees need not be made unless required by the board.

kk. The state board of respiratory care for applicants, licensees, or investigations under chapter 43-42, except that criminal history record checks need not be made unless required by the board.

ll. The North Dakota real estate appraiser qualifications and ethics board for applicants for permits or registration or permittees, registrants, owners, or controlling persons under chapters 43-23.3 and 43-23.5, except that criminal history record checks for permittees, registrants, owners, or controlling persons need not be made unless required by the board.

mm. The insurance department for criminal history record checks authorized under chapters 26.1-26 and 26.1-26.8.

nn. The office of the adjutant general for employees and volunteers working with the recruiting and retention, sexual assault, and youth programs.

oo. The parks and recreation department for volunteers and final applicants for employment, as determined by the director of the parks and recreation department.

pp. The North Dakota medical imaging and radiation therapy board of examiners for licensure and licensees under chapter 43-62, except that criminal history record checks for licensees need not be made unless required by the board.

qq. The game and fish department for volunteers and final applicants for employment, as determined by the director of the game and fish department.

rr. The North Dakota board of massage for applicants, licensees, or investigations under chapter 43-25.

ss. The North Dakota board of physical therapy for physical therapist and physical therapist assistant applicants and for licensees under investigation, except that criminal history record checks need not be made unless required by the board.

tt. The department of commerce for volunteers and employees providing services through eligible organizations, as determined by the commissioner of commerce.

uu. The state court administrator for a guardian ad litem who provides direct services to youth.

vv. The department of environmental quality for a final applicant for a job opening or a current employee with the department; an individual being investigated by the department; or, when requested by the department, an applicant for a radioactive materials license under chapter 23.1-03 or a solid waste permit under chapter 23.1-08.

ww. The housing finance agency for criminal history record checks authorized under section 54-17-07.13.

xx. The office of state treasurer for each individual who has access to federal tax information.

yy. The public service commission for initial applicant licenses under chapter 51-05.1, except that criminal history record checks need not be made unless required by the public service commission.

zz. The department of health and human services for a criminal history record check for a children's advocacy center as authorized under section 50-25.1-11.1.

aaa. The state historical society for volunteers and final applicants for employment, except that criminal history record checks need not be made unless requested by the society.

bbb. The department of transportation for volunteers and final applicants for employment, as determined by the director of the department of transportation.

ccc. The commission on legal counsel for indigents for a volunteer or final applicant for employment, as determined by the director of the commission on legal counsel for indigents.

ddd. The board of dietetic practice for applications for licensure or renewal under chapter 43-44, except that criminal history record checks need not be made unless required by the board.

eee. The secretary of state for employees with access to personally identifying information of residents or businesses of the state or with access to elections systems that are critical infrastructure under section 44-04-24.

fff. The state department of health for applicants for initial licensure for emergency medical services personnel, such as emergency medical technicians, advanced emergency medical technicians, and paramedics, as required by subdivision d of subsection 3 of section 23-27.1-03.

Source:

S.L. 2003, ch. 100, § 1; 2005, ch. 111, § 4; 2007, ch. 70, § 2; 2007, ch. 115, §§ 3, 4; 2007, ch. 374, § 1; 2007, ch. 367, § 1; 2007, ch. 491, § 1; 2009, ch. 123, § 1; 2009, ch. 377, § 1; 2009, ch. 379, § 1; 2009, ch. 422, § 1; 2011, ch. 94, § 1; 2011, ch. 328, § 1; 2011, ch. 512, § 1; 2011, ch. 327, § 1; 2013, ch. 12, § 7; 2013, ch. 232, § 1; 2013, ch. 324, § 1; 2013, ch. 325, § 1; 2013, ch. 491, § 1; 2015, ch. 67, § 3, effective August 1, 2015; 2015, ch. 96, § 6, effective August 1, 2015; 2015, ch. 97, § 1, effective March 12, 2015; 2015, ch. 98, § 1, effective July 1, 2015; 2015, ch. 99, § 1, effective August 1, 2015; 2015, ch. 100, § 1, effective July 1, 2015; 2015, ch. 297, § 1, effective August 1, 2015; 2015, ch. 302, § 1, effective July 1, 2015; 2015, ch. 309, § 1, effective August 1, 2015; 2017, ch. 94, § 1, 2, effective August 1, 2017; 2017, ch. 95, § 1, effective March 3, 2017; 2017, ch. 96, § 1, effective August 1, 2017; 2017, ch. 199, § 7, effective April 29, 2019; 2017, ch. 286, § 1, effective August 1, 2017; 2017, ch. 409, § 1, effective July 1, 2017; 2019, ch. 61, § 2, effective March 29, 2019; 2019, ch. 100, §§ 1, 2, effective August 1, 2019; 2019, ch. 101, § 1, effective August 1, 2019; 2019, ch. 102, § 1, effective August 1, 2019; 2019, ch. 239, § 1, effective July 1, 2019; 2019, ch. 404, § 1, effective October 1, 2019; 2021, ch. 164, § 1, effective August 1, 2021; 2021, ch. 218, § 1, effective August 1, 2021; 2021, ch. 379, § 1, effective July 1, 2021; 2021, ch. 323, § 1, effective July 1, 2021; 2021, ch. 447, § 1, effective August 1, 2021; 2021, ch. 452, § 1, effective August 1, 2021; 2021, 1st Sp. Sess. ch. 551, § 1, effective November 12, 2021; 2021, ch. 352, § 18, effective September 1, 2022.

12-60-25. Lost, missing, or runaway children.

The bureau shall:

  1. Implement a data exchange system to compile, to maintain, and to make available for dissemination to North Dakota and to out-of-state law enforcement agencies, descriptive information that can assist appropriate agencies in recovering lost, missing, or runaway children through the national crime information center.
  2. Establish contacts and exchange information regarding lost, missing, or runaway children with the national crime information center.
  3. Notify all enforcement agencies that reports of lost, missing, or runaway children must be entered as soon as the minimum level of data specified by the bureau is available to the reporting agency and that no waiting period for entry of such data exists. If the enforcement agency is unable to enter the data, the bureau immediately upon notification shall enter the information into the national crime information center file.
  4. Compile and retain information regarding lost, missing, or runaway children in a manner that allows the information to be used by law enforcement and other agencies, considered appropriate by the bureau, for investigative purposes. The reporting law enforcement agency is responsible for maintaining the disposition of the case.
  5. Provide prompt confirmation of the receipt and entry of lost, missing, or runaway children reports to the enforcement agency providing the report or to the parent, guardian, or identified family member as provided in subsection 6.
  6. Allow any parent, guardian, or identified family member to submit a lost, missing, or runaway child report to the bureau which will be transmitted to the national crime information center, if they are unable to receive services from the local law enforcement agency.
  7. Compile and maintain historical information relating to lost, missing, or runaway children for all of the following purposes:
    1. To develop and improve techniques utilized by law enforcement agencies when responding to reports of lost, missing, or runaway children.
    2. To provide a factual and statistical base for research which would address the problem of lost, missing, or runaway children.

Source:

S.L. 2009, ch. 124, § 1; 2011, ch. 29, § 4.

Effective Date.

The 2011 amendment of this section by section 4 of chapter 29, S.L. 2011 became effective July 1, 2011.

12-60-26. School enrollment procedures to aid identification and location of lost, missing, and runaway children. [Effective through August 31, 2022]

  1. When a child enrolls in a public or nonpublic school, licensed day care facility, home education, licensed day care center, licensed child care facility, headstart program, or nursery school for the first time, the school, licensed day care facility, headstart program, or school superintendent of the jurisdiction shall:
    1. Require the child’s parent, guardian, or legal custodian to present to the school, licensed day care facility, or school superintendent of the jurisdiction, within forty days of enrollment, proof of identity of the child; and
    2. Request the appropriate school records for the child from the previous school attended by the child. The school enrolling the child shall make the request within thirty days of enrollment of the child.
  2. If a child’s parent, guardian, or legal custodian does not present the proof of identity required in subsection 1 within forty days of enrollment or if the school does not receive the school records of the child within sixty days of enrollment, the school, licensed day care facility, or school superintendent of the jurisdiction shall notify the bureau and a local law enforcement authority that no proof of identity has been presented for the child.
  3. A school shall transfer records or proof of identity of a child within ten calendar days upon receipt of request.
  4. When a school, licensed day care facility, or school superintendent receives a notice from a law enforcement authority, parent, guardian, or legal custodian that a child who is or has been enrolled in that school or facility has been reported as a lost, missing, or runaway child, the school, licensed day care facility, or school superintendent shall:
    1. Flag the records of the child; and
    2. Notify the bureau and a local law enforcement authority if a request for school records is received from any source.
  5. When the division of vital records of the state department of health receives a notice from a law enforcement authority that a child is reported as lost, missing, or runaway, the division of vital records shall:
    1. Flag the records of the individual; and
    2. Notify the bureau and a local law enforcement authority if a request for records is received from any source.
  6. If it is necessary for law enforcement authorities to conduct an investigation on a lost, missing, or runaway child, school or day care personnel may not inform the person claiming custody of the child of the investigation while it is being conducted.
  7. For purposes of this section:
    1. “Flag the records” means marking the division of vital records, school, day care, or home education records in such a manner that any personnel viewing that record will be automatically alerted that the child or individual has been reported as lost, missing, or runaway.
    2. “Home education” means a program of education supervised by a child’s parent in accordance with the requirements of chapter 15.1-23.
    3. “Proof of identity” means a certified copy of a birth certificate, a certified transcript, or similar student records from the previous school, or any other documentary evidence the school, licensed day care facility, or school superintendent considers appropriate proof of identity.
    4. “School” or “licensed day care facility” means all elementary and secondary schools, licensed day care centers, licensed child care facilities, headstart programs, and nursery schools whether public or nonpublic.

Source:

S.L. 2009, ch. 124, § 1; 2013, ch. 63, § 3.

Effective Date.

The 2013 amendment of this section by section 3 of chapter 63, S.L. 2013 became effective August 1, 2013.

12-60-26. School enrollment procedures to aid identification and location of lost, missing, and runaway children. [Effective September 1, 2022]

  1. When a child enrolls in a public or nonpublic school, licensed day care facility, home education, licensed day care center, licensed child care facility, headstart program, or nursery school for the first time, the school, licensed day care facility, headstart program, or school superintendent of the jurisdiction shall:
    1. Require the child’s parent, guardian, or legal custodian to present to the school, licensed day care facility, or school superintendent of the jurisdiction, within forty days of enrollment, proof of identity of the child; and
    2. Request the appropriate school records for the child from the previous school attended by the child. The school enrolling the child shall make the request within thirty days of enrollment of the child.
  2. If a child’s parent, guardian, or legal custodian does not present the proof of identity required in subsection 1 within forty days of enrollment or if the school does not receive the school records of the child within sixty days of enrollment, the school, licensed day care facility, or school superintendent of the jurisdiction shall notify the bureau and a local law enforcement authority that no proof of identity has been presented for the child.
  3. A school shall transfer records or proof of identity of a child within ten calendar days upon receipt of request.
  4. When a school, licensed day care facility, or school superintendent receives a notice from a law enforcement authority, parent, guardian, or legal custodian that a child who is or has been enrolled in that school or facility has been reported as a lost, missing, or runaway child, the school, licensed day care facility, or school superintendent shall:
    1. Flag the records of the child; and
    2. Notify the bureau and a local law enforcement authority if a request for school records is received from any source.
  5. When the division of vital records of the department of health and human services receives a notice from a law enforcement authority that a child is reported as lost, missing, or runaway, the division of vital records shall:
    1. Flag the records of the individual; and
    2. Notify the bureau and a local law enforcement authority if a request for records is received from any source.
  6. If it is necessary for law enforcement authorities to conduct an investigation on a lost, missing, or runaway child, school or day care personnel may not inform the person claiming custody of the child of the investigation while it is being conducted.
  7. For purposes of this section:
    1. “Flag the records” means marking the division of vital records, school, day care, or home education records in such a manner that any personnel viewing that record will be automatically alerted that the child or individual has been reported as lost, missing, or runaway.
    2. “Home education” means a program of education supervised by a child’s parent in accordance with the requirements of chapter 15.1-23.
    3. “Proof of identity” means a certified copy of a birth certificate, a certified transcript, or similar student records from the previous school, or any other documentary evidence the school, licensed day care facility, or school superintendent considers appropriate proof of identity.
    4. “School” or “licensed day care facility” means all elementary and secondary schools, licensed day care centers, licensed child care facilities, headstart programs, and nursery schools whether public or nonpublic.

Source:

S.L. 2009, ch. 124, § 1; 2013, ch. 63, § 3; 2021, ch. 352, § 19, effective September 1, 2022.

CHAPTER 12-60.1 Sealing Criminal Records

Source:

S.L. 2019, hb1256, § 1, effective August 1, 2019.

12-60.1-01. Definitions.

As used in this chapter:

  1. “Court record” includes:
    1. Any document or information collected, received, or maintained by court personnel in connection with a judicial proceeding;
    2. Any index, calendar, docket, register of actions, official record of the proceedings, order, decree, judgment, minute, and any information in a case management system created or prepared by court personnel relating to a judicial proceeding; and
    3. Information maintained by court personnel pertaining to the administration of the court or clerk of court office and not associated with a particular case.
  2. “Criminal record” means court and prosecution records subject to sealing under this chapter. A criminal record does not include criminal history record information as defined in subsection 5 of section 12-60-16.1 or criminal justice data information maintained in the criminal justice data information sharing system under section 54-12-34.
  3. “Prosecutor” means the office or agency with jurisdiction over the offense for purposes of postconviction proceedings.
  4. “Seal” means to prohibit the disclosure of the existence or contents of court or prosecution records unless authorized by court order.

Source:

S.L. 2019, ch. 103, § 1, effective August 1, 2019; 2021, ch. 99, § 1, effective August 1, 2021.

12-60.1-02. Grounds to file petition to seal criminal record.

  1. An individual may file a petition to seal a criminal record if:
    1. The individual pled guilty to or was found guilty of a misdemeanor offense and the individual has not been convicted of a new crime for at least three years before filing the petition; or
    2. The individual pled guilty to or was found guilty of a felony offense and the individual has not been convicted of a new crime for at least five years before filing the petition.
  2. This chapter does not apply to:
    1. A felony offense involving violence or intimidation during the period in which the offender is ineligible to possess a firearm under subdivision a of subsection 1 of section 62.1-02-01; or
    2. An offense for which an offender has been ordered to register under section 12.1-32-15.

Source:

S.L. 2019, ch. 103, § 1, effective August 1, 2019; 2021, ch. 99, § 2, effective August 1, 2021.

12-60.1-03. Petition to seal criminal record.

  1. A petition to seal a criminal record must be filed in the existing criminal case for the offense.
  2. Subject to redaction requirements in rule 3.4 of the North Dakota Rules of Court, a petition must include:
    1. The petitioner’s full name and all other legal names or aliases the petitioner has used at any time;
    2. The petitioner’s addresses from the date of the offense until the date of the petition;
    3. Reasons why the petition should be granted;
    4. The petitioner’s criminal history in this state and any other state, federal court, and foreign country, including:
      1. All prior and pending criminal charges;
      2. All prior and pending charges for which an imposition of sentence has been deferred or stayed, or which have been continued for dismissal; and
      3. All prior requests by the petitioner with authorities in this state or another state or federal forum for pardon, return of arrest records, expungement, or sealing of a criminal record, whether granted or not.
  3. The petitioner shall file a proposed order when filing a petition to seal a criminal record.
  4. A petition filed under this section must be served upon the prosecuting official as provided by rule 49 of the North Dakota Rules of Criminal Procedure.

Source:

S.L. 2019, ch. 103, § 1, effective August 1, 2019.

12-60.1-04. Hearing on petition.

  1. The court may grant a petition to seal a criminal record if the court determines by clear and convincing evidence:
    1. The petitioner has shown good cause for granting the petition;
    2. The benefit to the petitioner outweighs the presumption of openness of the criminal record;
    3. The petitioner has completed all terms of imprisonment and probation for the offense;
    4. The petitioner has paid all restitution ordered by the court for commission of the offense;
    5. The petitioner has demonstrated reformation warranting relief; and
    6. The petition complies with the requirements of this chapter.
  2. In determining whether to grant a petition, the court shall consider:
    1. The nature and severity of the underlying crime that would be sealed;
    2. The risk the petitioner poses to society;
    3. The length of time since the petitioner committed the offense;
    4. The petitioner’s rehabilitation since the offense;
    5. Aggravating or mitigating factors relating to the underlying crime, including factors outlined in section 12.1-32-04;
    6. The petitioner’s criminal record, employment history, and community involvement;
    7. The recommendations of law enforcement, prosecutors, corrections officials, and those familiar with the petitioner and the offense; and
    8. The recommendations of victims of the offense.
  3. A hearing on the petition may not be held earlier than forty-five days following the filing of the petition.
  4. To the extent practicable, upon receipt of a petition to seal a criminal record, the prosecutor shall notify and seek input from law enforcement, witnesses, victims, and correctional authorities familiar with the petitioner and the offense.
  5. This section does not prohibit a prosecutor from stipulating to seal a criminal record without a hearing or more expeditiously than provided in this section.
  6. An individual may not appeal a denial of a petition from a district judge or magistrate.
  7. An individual aggrieved by denial of a petition in a municipal court may appeal the denial to the district court for de novo review without payment of a filing fee. A petition denied by the district court may not be appealed.
  8. Except as provided in this section and if good cause is shown, a district court denying a petition may prohibit a petitioner from filing a subsequent petition to seal a criminal record for up to three years following the denial. The order denying the petition must provide the reasons establishing good cause for prohibiting the petition.
  9. If a court grants a petition to seal a criminal record, the court shall state in the court order that the petitioner is sufficiently rehabilitated but is subject to the provisions of section 12.1-33-02.1, and shall release the information when an entity has a statutory obligation to conduct a criminal history background check.

Source:

S.L. 2019, ch. 103, § 1, effective August 1, 2019; 2021, ch. 99, § 3, effective August 1, 2021.

CHAPTER 12-61 Combined Law Enforcement Council [Repealed]

[Repealed by S.L. 1979, ch. 172, § 29; 1981, ch. 154, § 13]

Note.

For provisions on jails, see ch. 12-44.1, and for provisions on the criminal justice and statistics training division, see ch. 12-62.

CHAPTER 12-62 Criminal Justice Training and Statistics Division

12-62-01. Criminal justice training and statistics — Personnel — Purpose.

Criminal justice training and the collection of statistics must be conducted by the office of attorney general. The office of attorney general shall conduct the training of peace officers and sheriffs and gather, analyze, and disseminate information regarding the state’s criminal justice system.

Source:

S.L. 1981, ch. 154, § 1; 2003, ch. 101, § 1.

12-62-01.1. County and city officials to furnish crime statistics.

To assist in controlling crime in the state through the use of reliable statistics relating to crimes and criminal activity, the attorney general may obtain from the clerks of district courts, municipal courts, and criminal justice agencies all information the attorney general deems necessary to ascertain the status of crimes and criminal activity in North Dakota. It is the duty of the officials to furnish the information requested by the attorney general within thirty days of the request on whatever forms or in whatever manner the attorney general may prescribe.

Source:

S.L. 1983, ch. 556, § 3; 1991, ch. 326, § 40; 2003, ch. 101, § 2; 2009, ch. 125, § 1.

12-62-02. Powers and duties.

To ensure adequate training for law enforcement and to ensure the comprehensive collection of crime statistics the attorney general shall:

  1. Determine the specialized training needs of peace officers and conduct such training.
  2. Develop and maintain a staffing, training, and certification information system.
  3. Analyze criminal justice data and compile appropriate periodic reports.
  4. Coordinate the utilization of data generated by state and local record information systems.
  5. Conduct research projects designed to respond to criminal justice system needs and executive, judicial, or legislative branch requests.
  6. Accept and administer gifts, or grants, or contracts with persons or organizations, including the federal government, on such terms as may be beneficial to the state.

Source:

S.L. 1981, ch. 154, § 2; 2003, ch. 101, § 3.

12-62-03. Peace officer standards and training board — Membership — Duties. [Repealed]

Repealed by S.L. 2003, ch. 101, § 17.

12-62-04. Qualified officers to be certified. [Repealed]

Repealed by S.L. 1991, ch. 120, § 1.

12-62-05. State’s attorneys — Training. [Repealed]

Repealed by S.L. 2003, ch. 101, § 17.

12-62-06. Correctional officers — Training. [Repealed]

Repealed by S.L. 2003, ch. 101, § 17.

12-62-07. Sheriffs — Training.

Every newly elected or appointed sheriff shall attend within the first year of employment a course of training on civil duties conducted by the office of attorney general. The curriculum, location, and dates shall be determined by the office of attorney general in cooperation with the sheriff’s association. The course shall be open to all sheriffs and deputies.

Source:

S.L. 1981, ch. 154, § 7; 2003, ch. 101, § 4.

12-62-08. Peace officers — Training. [Repealed]

Repealed by S.L. 1991, ch. 120, § 1.

12-62-09. Defense attorneys — Training. [Repealed]

Repealed by S.L. 2003, ch. 101, § 17.

12-62-10. Rulemaking power.

The attorney general may adopt rules to carry out the powers and duties designated in this chapter. All rules adopted by the attorney general and appeals therefrom shall be in accordance with chapter 28-32.

Source:

S.L. 1981, ch. 154, § 10; 2003, ch. 101, § 5.

CHAPTER 12-63 Peace Officer Standards, Training, and Licensing

12-63-01. Definitions.

As used in this chapter:

  1. “Board” means the peace officer standards and training board.
  2. “Part-time peace officer license” means a license issued to an individual authorized by law or appointed by a criminal justice agency of this state on a salaried or nonsalaried basis to enforce the law and to conduct or engage in investigations of violations of the law for no more than an average of twenty hours per week, not including time spent on call when no call to active duty is received, calculated on an annual basis.
  3. “Peace officer” means a public servant authorized by law or by government agency or branch to enforce the law and to conduct or engage in investigations of violations of the law.

Source:

S.L. 1987, ch. 154, § 2; 1999, ch. 119, § 1; 2003, ch. 101, § 6; 2005, ch. 112, § 1.

DECISIONS UNDER PRIOR LAW

Definition of “Peace Officer.”

The meaning of “peace officer,” as explained in subdivision 17 of N.D.C.C. § 12.1-01-04, applied to former N.D.C.C. ch. 12-62. The training was mandatory for any “public servant authorized…to enforce the law and to conduct or engage in investigations or prosecutions for violations of law.” This definition certainly included law enforcement officers, other than detectives, without excluding those engaged in jail or detention work. Moses v. Burleigh County, 438 N.W.2d 186, 1989 N.D. LEXIS 69 (N.D. 1989).

Law Reviews.

Civil Rights: Race and Sex Discrimination in Refusal to Train Correctional Officer is Not Excused by Contract Under North Dakota Human Rights Act, 66 N.D. L. Rev. 537 (1990).

12-63-01.1. Peace officer standards and training board — Membership — Duties.

The peace officer standards and training board consists of nine members including the director of the law enforcement training center, six peace officers, one county government representative, and one city government representative. With the exception of the director of the law enforcement training center, all members must be appointed by the attorney general and serve staggered two-year terms. With the exception of the county government representative, the city government representative, and the director of the law enforcement training center, a member may not serve more than three consecutive terms. The attorney general shall also appoint the chairman of the board. The office of attorney general shall provide support staff to the board, including an employee to serve as the secretary of the board and as an ex officio nonvoting member of the board.

Source:

S.L. 2003, ch. 101, § 7.

12-63-02. License required.

An individual may not perform peace officer law enforcement duties in this state unless the individual is licensed as required in this chapter.

Source:

S.L. 1987, ch. 154, § 3; 2003, ch. 101, § 8.

12-63-02.1. Part-time peace officer license.

  1. Except as provided in this section, all provisions of this chapter apply to part-time peace officer licenses. Except as limited by this section, a part-time licensed peace officer of this state has the authority of a licensed peace officer of this state.
  2. The board shall issue a part-time license to any individual appointed by a criminal justice agency who meets the requirements of this chapter and the rules of the board for a part-time peace officer license.
  3. A criminal justice agency may appoint part-time licensed peace officers to supplement and assist licensed peace officers. A criminal justice agency may not appoint a part-time licensed peace officer unless the part-time licensed peace officer acts under the direct or indirect supervision of a licensed peace officer designated by the criminal justice agency.
  4. A part-time licensed peace officer may not exercise peace officer duties, including the exercise of arrest authority, when off duty.
  5. Unless the part-time licensed peace officer has a valid North Dakota concealed weapons license, a part-time licensed peace officer may not carry a duty weapon or concealed weapon when off duty.
  6. The board shall establish criteria for part-time licenses, including training curriculum, examination requirements, weapon training and certification, licensing requirements, and continuing education requirements.
  7. The board shall adopt rules to implement part-time peace officer licenses and shall establish by rule fees for application for examination, initial licensing, renewal and late renewal, and reinstatement of part-time peace officer licenses.

Source:

S.L. 2005, ch. 112, § 2.

12-63-02.2. Tribal police officers.

  1. A tribal police officer of a federally recognized Indian tribe in this state who meets the requirements of this chapter and the rules adopted by the board is eligible for a peace officer license or part-time peace officer license. The board may waive the training program required for licensure for a tribal police officer.
  2. The board shall issue a peace officer license or part-time peace officer license to a tribal police officer who is eligible for a peace officer license or part-time peace officer license under this section and who has paid the prescribed license fee if:
    1. The tribal police officer has been appointed as a special deputy in accordance with section 11-15-02;
    2. The tribal police officer is employed by the state or a political subdivision;
    3. There is an agreement between the state or a political subdivision and the tribe for tribal police officers to perform law enforcement services; or
    4. The tribal police officer has completed the training program unless waived by the board.
  3. A tribal police officer who is a member of a police force of a tribal government and who is licensed under this section may exercise the powers of a peace officer of this state within the exterior boundaries of the reservation, or off the reservation, in accordance with the terms and conditions of the special deputy appointment, the employment agreement, or the agreement between the state or political subdivision and the tribe.
  4. A tribal police officer who has a peace officer license under this section is subject to this chapter and the rules adopted by the board, including requirements for license renewal or reinstatement, annual sidearm qualification, and continuing education.
  5. The state or political subdivision is not liable for any act or omission of a tribal police officer exercising peace officer powers authorized by an agreement between the state or a political subdivision and a tribe.
  6. Notwithstanding section 12-63-02, a tribal police officer is not required to be licensed in this state to provide emergency law enforcement services or to provide mutual aid to a law enforcement officer of the state or a political subdivision within the exterior boundaries of the reservation or off the reservation.
  7. This section does not diminish or expand the jurisdiction of any tribe or the state.

Source:

S.L. 2007, ch. 116, § 1; 2021, ch. 100, § 1, effective March 16, 2021.

12-63-02.3. Reserve peace officer — License.

  1. Except as otherwise provided in this section, all provisions of this chapter apply to licensed reserve peace officers and a licensed reserve peace officer has the same authority as a licensed peace officer.
  2. The board shall issue a reserve peace officer license to an individual who is appointed by a criminal justice agency and meets the requirements of this chapter and the rules established by the board.
  3. A criminal justice agency may appoint a licensed reserve peace officer to supplement and assist a licensed peace officer. If a criminal justice agency appoints a licensed reserve peace officer, the licensed reserve peace officer must be under the supervision of a licensed peace officer designated by the criminal justice agency.
  4. A licensed reserve peace officer may not exercise reserve peace officer functions when off duty.
  5. The board shall establish criteria for reserve licenses.

Source:

S.L. 2021, ch. 101, § 1, effective August 1, 2021.

12-63-03. Persons and practices not affected.

This chapter does not prevent or restrict the practice of peace officer duties or activities of:

  1. Auxiliary personnel such as members of organized groups for purposes such as posse, search and rescue, and security at dances, if the personnel operate as adjunct to the police or sheriff’s department, and do not have arrest powers or peace officer authority delegated to the personnel by the department.
  2. A person who provides private investigative services in this state.
  3. A person doing private security work or any private security agency.
  4. A person performing peace officer duties in an official capacity as a federal officer.

Source:

S.L. 1987, ch. 154, § 4; 2003, ch. 101, § 9; 2021, ch. 101, § 2, effective August 1, 2021.

Notes to Decisions

Reserve Officer.

Trial court did not err in denying defendant’s motion to suppress, because the evidence established that the individual who stopped defendant was a reserve officer and therefore, was exempt for statutory licensing requirements, and he had the authority to investigate and arrest defendant after finding probable cause that defendant was driving under the influence. State v. Ngale, 2018 ND 172, 914 N.W.2d 495, 2018 N.D. LEXIS 167 (N.D. 2018).

12-63-04. Board — Powers — Duties — Authority.

The board shall administer, coordinate, and enforce the provisions of this chapter, evaluate the qualifications of applicants, and approve the examinations for licensing under this chapter.

  1. The board shall:
    1. Prescribe the criteria for certification of basic, advanced, and specialized peace officer training curriculum, instructors, and schools;
    2. Certify curriculum, instructors, schools, and officers that have met the training certification criteria;
    3. Establish the curriculum for basic and advanced peace officer training; and
    4. Prescribe minimum standards of sidearm training and certification for peace officers before they may carry a sidearm.
  2. The board shall keep records and minutes necessary to carry out its functions. The board may:
    1. Issue subpoenas, examine witnesses, administer oaths, and investigate allegations of practices violating the provisions of this chapter or rules adopted by the board.
    2. Examine, under oath, any applicant for licensing.
    3. Examine, under oath, any licensed peace officer during a hearing to suspend, revoke, or to not renew a license of a peace officer.
    4. Adopt rules relating to the professional conduct of peace officers and to implement the requirements of this chapter, including rules relating to professional licensure, continuing education, and ethical standards of practice, for persons holding a license to practice peace officer duties.
  3. The board shall adopt rules relating to the professional conduct of licensed peace officers involved in confidential informant agreements under chapter 29-29.5, and shall receive complaints and make determinations if an officer’s conduct violated the protections provided in chapter 29-29.5. Annually, the board shall conduct an audit evaluating the effectiveness of confidential informant training requirements.
  4. The board shall establish penalties and enforce violations of protections provided in chapter 29-29.5. The penalties established must be formulated based on the nature, severity, gravity, and recurrence of violations. The board may deny, suspend, or revoke a license or may impose probationary conditions, including remedial training.
  5. The board may issue certifications indicating whether law enforcement agencies comply with requirements for grant funding purposes.

Source:

S.L. 1987, ch. 154, § 5; 2003, ch. 101, § 10; 2017, ch. 229, § 1, effective August 1, 2017; 2021, ch. 175, § 2, effective August 1, 2021.

12-63-05. Fees.

The board shall prescribe by rule the fee for application for examination, for an initial license, for renewal of a license, and for late renewal of a license. The board shall administer fees received under this chapter in accordance with section 54-44-12.

Source:

S.L. 1987, ch. 154, § 6; 2003, ch. 101, § 11.

12-63-06. Application for license.

An applicant for a license as a peace officer shall file a written application provided by the board showing to the satisfaction of the board that the applicant:

  1. Is of good moral character.
  2. Possesses a high school diploma or general education equivalency certificate.
  3. Has had a complete background investigation conducted by the parent agency or the division.
  4. Has passed a medical and psychological examination approved or prescribed by the board.
  5. Has successfully completed a training program recognized by the board.
  6. Has passed an examination as provided in section 12-63-07 or has arranged to take such an examination and is eligible for a limited license under section 12-63-09.
  7. Has complied with rules of the board.

Source:

S.L. 1987, ch. 154, § 7.

12-63-07. Examination for license.

  1. Only a person satisfying the requirements of subsections 1 through 5 of section 12-63-06 may apply for examination. The application must be filed in the manner the board prescribes and be accompanied by the fee prescribed under section 12-63-05. The fee is nonrefundable. A person who fails an examination may apply for re-examination upon payment of the prescribed fee.
  2. Each applicant for licensing must be examined by written examination as established by the board.
  3. Applicants for licensing must be examined at a time and place and under supervision as the board requires.
  4. Applicants may obtain their examination scores and may review their papers in accordance with rules adopted by the board.

Source:

S.L. 1987, ch. 154, § 8.

12-63-08. Exception from training requirement — Issuance of certain licenses as of right. [Repealed]

Repealed by S.L. 2013, ch. 101, § 3.

Effective Date.

The repeal of this section by section 3 of chapter 101, S.L. 2013 became effective August 1, 2013.

12-63-09. Limited license.

  1. The board may grant a limited license to an individual who has completed the education, medical, psychological examination, criminal history background investigation, and sidearm requirements of the board and this chapter.
  2. The limited license allows the individual to perform peace officer duties in accordance with the rules of the board.
  3. After becoming employed as a peace officer, the individual shall attend the first available basic full-time peace officer training course authorized by the board in accordance with the rules of the board.
  4. The limited license is limited to the jurisdiction in which the person is employed and is valid until:
    1. The individual has completed the first available basic full-time peace officer training course authorized by the board; and
    2. The individual has completed the licensing examination and has been issued a peace officer license by the board.
  5. The limited license may be renewed one time if the individual has failed the licensing examination.
  6. The limited license is subject to section 12-63-12.

Source:

S.L. 1987, ch. 154, § 10; 2003, ch. 101, § 12; 2013, ch. 101, § 1.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 101, S.L. 2013 became effective August 1, 2013.

12-63-10. Issuance of license.

The board shall issue a license to any person who meets the requirements of this chapter and who has paid the prescribed license fee.

Source:

S.L. 1987, ch. 154, § 11; 2003, ch. 101, § 13.

12-63-11. Renewal of license.

  1. A license expires three years from the date of its issuance and must be renewed in the manner prescribed by the board and on payment of a renewal fee and on a show of proof that the individual has met the requirements established by the board for continuing education. The board may provide for the late renewal of a license on payment of a late fee, but a late renewal of a license may not be granted more than one year after expiration of the license.
  2. On request, the board shall grant inactive status to a licensee who does not perform the duties of a peace officer or is no longer employed by a criminal justice agency. A licensee may retain inactive status indefinitely if the licensee maintains continuing education requirements and renews the license in accordance with board requirements. A licensee on inactive status shall meet the same qualifications, testing, and insurance requirements as are required by law and rule for a licensee on active status.

Source:

S.L. 1987, ch. 154, § 12; 2011, ch. 322, § 1.

Effective Date.

The 2011 amendment of this section by section 1 of chapter 322, S.L. 2011 became effective August 1, 2011.

12-63-12. Adverse license action — Appeal.

  1. The board shall deny a license, refuse to renew a license, suspend a license, revoke a license, or impose probationary conditions if the individual has been convicted or pled guilty or nolo contendere before a court of competent jurisdiction in any state, or before any court, of a felony offense.
  2. The board may deny a license, refuse to renew a license, suspend a license, or revoke a license, or may impose probationary conditions if the individual:
    1. Has been convicted or pled guilty or nolo contendere before a court of competent jurisdiction in any state, or before any court, of an offense involving domestic violence or violation of a domestic violence restraining order, an offense involving child abuse or neglect, an offense involving firearms under title 12.1 or title 62.1, or another criminal offense determined by the board to have a direct bearing upon an individual’s ability to serve as a peace officer, or the board determines, following a conviction or adjudication, that the individual is not rehabilitated under section 12.1-33-02.1.
    2. Has used unjustified deadly force in the performance of the duties as a peace officer as described in section 12.1-05-07.
    3. Has made a false material statement under oath to the board.
    4. Has made a false material statement to the board while obtaining or renewing a license or permit.
    5. Has violated a provision of this chapter or a rule of the board.
  3. Denial, refusal to renew, suspension, revocation, or imposition of probationary condition on a license may be ordered by the board after a hearing in accordance with chapter 28-32. An application for reinstatement may be made to the board one year from the date of the refusal to renew or the revocation of the license. The board may accept or reject an application for reinstatement and may hold a hearing to consider the reinstatement. In the case of a denial of an application, the applicant may not reapply for a period of one year from the date of the order of denial.
  4. An appeal from the final decision of the board to refuse to issue, to not renew, to suspend, or to revoke a license may be made to the district court. Venue is the county in which the aggrieved individual resides. The appeal must be made within thirty days from the service of the decision on the individual.

Source:

S.L. 1987, ch. 154, § 13; 1999, ch. 119, § 2; 2003, ch. 101, § 14; 2013, ch. 101, § 2.

Effective Date.

The 2013 amendment of this section by section 2 of chapter 101, S.L. 2013 became effective August 1, 2013.

12-63-13. Notice and hearing on adverse license action.

The board may, on a verified complaint of any person setting forth facts which, if proven, would constitute grounds for refusal, suspension, nonrenewal, or revocation of a license, investigate the actions of any person holding or claiming to hold a license. Before taking the adverse action, the board shall, at least ten days before the date set for the hearing, give written notice to the subject of the adverse action of any charges made and shall afford that person an opportunity to be heard in person or by counsel on the matter. The written notice may be served by personal service or by registered mail. If service cannot be made by personal service or registered mail, then service may be made by publication in the county of residence specified by the person in the person’s last communication with the board. At the time and place fixed in the notice, the board shall conduct the hearing on the charges. Both the accused person and the complainant are entitled to ample opportunity to present in person or by counsel, statements, testimony, evidence, and argument pertinent to the charges or to any defense. The board may continue the hearing from time to time.

Source:

S.L. 1987, ch. 154, § 14.

12-63-14. Penalty.

Any person who willfully violates this chapter is guilty of a class B misdemeanor.

Source:

S.L. 1987, ch. 154, § 15; 1999, ch. 119, § 3.

Cross-References.

Penalty for class B misdemeanor, see N.D.C.C. § 12.1-32-01.

12-63-15. Temporary suspension — Appeal.

  1. The board may order a temporary suspension of a peace officer’s license ex parte if the board finds, based on verified evidence, probable cause to believe that:
    1. A peace officer has violated this chapter or a rule of the board;
    2. Continued performance of peace officer law enforcement duties would create a significant risk of serious and ongoing harm to the public while a disciplinary proceeding is pending; and
    3. Immediate suspension of the peace officer’s license is required to reasonably protect the public from that risk of harm.
  2. An ex parte temporary suspension remains in effect for not more than sixty days, unless otherwise terminated by the board.
  3. The board shall set the date of a full hearing on the cause and grounds for discipline regarding the license at a time not later than sixty days after the issuance of the ex parte temporary suspension order. Within three days after the issuance of the ex parte suspension order, the board shall serve the peace officer with a copy of the order along with a copy of the complaint and notice of the date set for the full hearing.
  4. The peace officer may appeal the ex parte temporary suspension order prior to the full hearing. For purposes of appeal, the district court shall decide whether the board acted reasonably or arbitrarily. The court shall give priority to the appeal for prompt disposition. Unless otherwise ordered by the district court, an appeal by the peace officer of the ex parte temporary suspension order does not stay the effectiveness or validity of the ex parte temporary license suspension.

For purposes of this section, evidence is verified if sworn to before an officer authorized to administer oaths or equivalent affirmations.

Source:

S.L. 2003, ch. 101, § 15.

12-63-16. Costs of prosecution — Disciplinary proceedings.

In a disciplinary proceeding in which disciplinary action is imposed against a peace officer, the board may direct the peace officer to pay the board a sum not to exceed the reasonable and actual costs of the case, including reasonable attorney’s fees incurred by the board or its authorized representatives in the investigation, prosecution, resolution, and hearings, whether held before the board, a hearing officer, or administrative law judge. When applicable, the peace officer’s license may be suspended until the costs are paid to the board. A peace officer may challenge the reasonableness of any cost in a hearing under chapter 28-32. The administrative law judge may approve, deny, or modify any cost, and determination of the judge is final. If requested, the hearing must occur before the peace officer’s license may be suspended for nonpayment.

Source:

S.L. 2003, ch. 101, § 16.

CHAPTER 12-64 Procedures for Handling Domestic Violence [Repealed]

[Repealed by S.L. 1989, ch. 177, § 21]

Note.

For present provisions, see N.D.C.C. ch. 14-07.1.

CHAPTER 12-65 Interstate Compact for Adult Offender Supervision

12-65-01. Compact for adult offender supervision.

The interstate compact for adult offender supervision is entered with all jurisdictions legally joining the compact in the form substantially as follows:

Source:

S.L. 2001, ch. 141, § 1; 2003, ch. 102, §§ 2, 3.

ARTICLE I — PURPOSE

  1. The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner and, when necessary, return offenders to the originating jurisdictions. The compacting states also recognize that the United States Congress, by enacting 4 U.S.C. 112 [Pub. L. 89-554; 80 Stat. 608], has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
  2. It is the purpose of this compact and the interstate commission created under this compact, through means of joint and cooperative action among the compacting states:
    1. To provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community;
    2. To provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and
    3. To equitably distribute the costs, benefits, and obligations of the compact among the compacting states.
  3. In addition, this compact is intended to:
    1. Create an interstate commission that will establish uniform procedures to manage the movement between states of offenders placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, or corrections or other criminal justice agencies that will promulgate rules to achieve the purpose of this compact;
    2. Ensure an opportunity for comment and time notice to victims and to jurisdictions where offenders are authorized to travel or to relocate across state lines;
    3. Establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials and regular reporting of compact activities to the heads of state councils, the state executive, judicial, and legislative branches, and the criminal justice administrators;
    4. Monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and
    5. Coordinate training and education on the regulation of interstate movement of offenders for officials involved in that activity.
  4. The compacting states recognize that there is no right of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision, subject to this compact and the bylaws and rules promulgated under this compact. It is the policy of the compacting states that the activities conducted by the interstate commission are intended to formulate public policy and are therefore public business.
  5. “Compacting state” means any state that has enacted the enabling legislation for this compact.
  6. “Interstate commission” means the interstate commission for adult offender supervision created by article 3 of this compact.
  7. “Member” means the commissioner of a compacting state or the commissioner’s designee who is an individual officially connected with the commissioner.
  8. “Noncompacting state” means any state that has not enacted the enabling legislation for this compact.
  9. “Offender” means an adult placed under or subject to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, or corrections or other criminal justice agencies.
  10. “Person” means any individual or public or private legal entity.
  11. “Rules” means acts of the interstate commission, adopted pursuant to article 8 of this compact and substantially affecting interested parties in addition to the interstate commission, which have the force and effect of law in the compacting states.
  12. “State” means a state of the United States, the District of Columbia, or any territorial possession of the United States.
  13. “State council” means the resident members of the state council for interstate adult offender supervision created by each state under article 4 of this compact.
    1. The governor shall appoint three members, one of whom must represent a crime victim’s organization; and
    2. The chief justice of the supreme court, the president of the senate, and the speaker of the house of representatives shall each appoint one member.
  14. To sue and be sued.
  15. To provide for dispute resolution among compacting states.
  16. To perform functions as may be necessary or appropriate to achieve the purposes of this compact.
  17. To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Reports must also include any recommendations that may have been adopted by the interstate commission.
  18. To coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in such activity.
  19. To establish uniform standards for the reporting, collecting, and exchanging of data.
    1. Establishing the fiscal year of the interstate commission.
    2. Establishing an executive committee and other committees as may be necessary.
    3. Providing reasonable standards and procedures for establishing committees and governing any general or specific delegation of any authority or function of the interstate commission.
    4. Providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each meeting.
    5. Establishing the titles and responsibilities of the officers of the interstate commission.
    6. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service laws or other similar laws of any compacting state, the bylaws exclusively govern the personnel policies and programs of the interstate commission.
    7. Providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all of the interstate commission’s debts and obligations.
    8. Providing transition rules for startup administration of the compact.
    9. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
    10. Mediation, arbitration, and dispute resolution.
      1. Fines, fees, and costs in amounts as are deemed to be reasonable as fixed by the interstate commission.
      2. Remedial training and technical assistance as directed by the interstate commission.
      3. Suspension and termination of membership in the compact. Suspension may be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension must be given by the interstate commission to the governor, the chief justice, or chief judicial officer of the defaulting state, the majority and minority leaders of the defaulting state’s legislative assembly, and the state council.

ARTICLE II — DEFINITIONS

As used in this compact, unless the context otherwise requires:

1. “Adult” means a person who is eighteen years of age or older or a person under eighteen years of age who is legally classified, either by statute or court order, as an adult.

2. “Bylaws” means those bylaws established by the interstate commission for its governance or for directing or controlling the interstate commission’s actions or conduct.

3. “Commissioner” means the voting representative of each compacting state appointed pursuant to article 3 of this compact.

4. “Compact administrator” means the individual in each compacting state appointed under the terms of this compact, or the individual’s designee, responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission, and policies adopted by the state council under this compact.

ARTICLE III — INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION

1. The compacting states hereby create the interstate commission for adult offender supervision. The interstate commission is a body corporate and joint agency of the compacting states. The interstate commission has all the responsibilities, powers, and duties set forth in this compact, including the power to sue and be sued and any additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with this compact.

2. The interstate commission consists of commissioners selected and appointed by each state. The governor shall appoint a commissioner and a deputy commissioner. In addition to the commissioners who are the voting representatives of each state, the interstate commission includes individuals who are not commissioners but who are members of interested organizations. The noncommissioner members include a member of the national organizations of governors, legislators, state chief justices, attorneys general, and crime victims. All noncommissioner members of the interstate commission are nonvoting members. The interstate commission may provide in its bylaws for additional nonvoting members as it deems necessary.

3. Each compacting state represented at any meeting of the interstate commission is entitled to one vote. A majority of the compacting states constitutes a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.

4. The interstate commission shall meet at least once each calendar year. The chairman may call additional meetings and, upon the request of twenty-seven or more compacting states, shall call additional meetings. Public notice must be given of all meetings and meetings are open to the public, except as provided in article 7 of this compact.

5. The interstate commission shall establish an executive committee that includes commission officers, members, and others as determined by the bylaws. The executive committee has the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking or amendment to the compact. The executive committee oversees the day-to-day activities managed by the executive director and interstate commission staff, administers enforcement and compliance with the provisions of the compact, its bylaws and rules and as directed by the interstate commission and performs other duties as directed by the interstate commission or as set forth in the bylaws and rules.

ARTICLE IV — COMPACT ADMINISTRATOR AND STATE COUNCIL

1. The director of the department of corrections and rehabilitation, or the director’s designee, shall serve as the compact administrator for this state’s commissioner to the interstate commission.

2. The North Dakota state council for interstate adult offender supervision is established, consisting of seven members. The director of the department of corrections and rehabilitation, or the director’s designee, is a member of the state council and serves as chairman. Of the remaining members of the state council:

3. The term of office of a member is four years.

4. The state council shall meet at least twice a year.

5. The state council may advise the compact administrator on participation in the interstate commission activities and administration of the compact.

6. Members of the state council are entitled to expenses as provided in sections 44-08-04 and 54-06-09. Legislative assembly members also are entitled to compensation at the rate provided in section 54-35-10.

ARTICLE V — POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The interstate commission has the following powers:

1. To adopt suitable bylaws governing the management and operation of the interstate commission.

2. To adopt rules that have the force and effect of law and are binding in the compacting states to the extent and in the manner provided in this compact.

3. To oversee, supervise, and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws and rules adopted by the interstate commission.

4. To enforce compliance with the compact and the rules and bylaws of the interstate commission, using all necessary and proper means, including the use of judicial process.

5. To establish and maintain offices.

6. To purchase and maintain insurance and bonds.

7. To borrow, accept, or contract for the services of personnel, including members and their staffs.

8. To establish and appoint committees and hire staff it deems necessary to carry out its functions, including an executive committee as required by article 3 of this compact, which has the power to act on behalf of the interstate commission in carrying out its powers and duties under this compact.

9. To elect or appoint officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications, and to establish the interstate commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel.

10. To accept, use, and dispose of donations and grants of money, equipment, supplies, materials, and services.

11. To lease, purchase, accept contributions or donations of any property, or otherwise to own, hold, improve, or use any property.

12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property.

13. To establish a budget and make expenditures and levy dues as provided in article 10 of this compact.

ARTICLE VI — ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

1. The interstate commission, by a majority of the members within twelve months of the first interstate commission meeting, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the compact, including:

2. a. The interstate commission, by a majority of the members, shall elect from among its members a chairman and vice chairman, each of whom has the authority and duties as may be specified in the bylaws. The chairman, or in the chairman’s absence or disability the vice chairman, shall preside at all meetings of the interstate commission. The officers so elected serve without compensation or remuneration from the interstate commission, provided that, subject to the availability of budgeted funds, the officers are reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.

b. The interstate commission shall, through its executive committee, appoint or retain an executive director for the period, upon the terms and conditions and for the compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission and shall hire and supervise other staff as may be authorized by the interstate commission, but is not a member of the interstate commission.

3. The interstate commission shall maintain its corporate books and records in accordance with the bylaws.

4. a. The liability of any member, officer, executive director, employee, or agent of the interstate commission acting within the scope of the person’s employment or duties for acts, errors, or omissions occurring within the state may not exceed the limits set forth in chapter 32-12.2. This subsection does not protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any person.

b. The interstate commission shall defend the commissioner of a compacting state, the commissioner’s representatives or employees, or the interstate commission’s representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional wrongdoing on the part of such person.

c. The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed representatives, or employees, or the interstate commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against those persons arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional wrongdoing on the part of those persons.

ARTICLE VII — ACTIVITIES OF THE INTERSTATE COMMISSION

1. The interstate commission shall meet and take those actions consistent with this compact.

2. Except as otherwise provided in this compact and unless a greater percentage is required under the bylaws, in order to constitute an act of the interstate commission, the act must have been taken at a meeting of the interstate commission and must have received an affirmative vote of a majority of the members present.

3. Each member of the interstate commission has the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member must vote in person on behalf of the compacting state and may not delegate a vote to another compacting state. However, the director of the department of corrections and rehabilitation may designate another individual, in the absence of the director, to cast a vote on behalf of the director at a specified meeting. The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone or other means of telecommunication or electronic communication is subject to the same quorum requirements of meetings where members are present in person.

4. The interstate commission’s bylaws must establish conditions and procedures under which the interstate commission makes its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent the information or records would adversely affect personal privacy rights or proprietary interests. In adopting rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

5. Public notice must be given of all meetings and all meetings must be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission shall adopt rules consistent with the principles contained in the Government in the Sunshine Act [Pub. L. 104-231; 110 Stat. 3049; 5 U.S.C. 552]. The interstate commission and any of its committees may close a meeting to the public when the interstate commission determines by two-thirds vote that an open meeting would be likely to:

a. Relate solely to the interstate commission’s internal personnel practices and procedures;

b. Disclose matters specifically exempted from disclosure by statute;

c. Disclose trade secrets or commercial or financial information that is privileged or confidential;

d. Involve accusing any person of a crime or formally censuring any person;

e. Disclose information of a personal nature when the disclosure would constitute a clearly unwarranted invasion of personal privacy;

f. Disclose investigatory records compiled for law enforcement purposes;

g. Disclose information contained in or related to examination, operating, or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of the entity;

h. Disclose information when the premature disclosure would significantly endanger the life of a person or the stability of a regulated entity; or

i. Specifically relate to the interstate commission’s issuance of a subpoena or its participation in a civil action or proceeding.

6. For every meeting closed pursuant to subsection 5, the interstate commission’s chief legal officer shall publicly certify that, in the officer’s opinion, the meeting may be closed to the public and shall make reference to each relevant provision authorizing closure of the meeting. The interstate commission shall keep minutes that fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any action taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote. All documents considered in connection with any action must be identified in the minutes.

7. The interstate commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules that specify the data to be collected, the means of collection and data exchange, and reporting requirements.

ARTICLE VIII — RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

1. The interstate commission shall adopt rules in order to effectively and efficiently achieve the purposes of the compact, including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.

2. Rulemaking must occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant to this article. The rulemaking must substantially conform to the principles of the Federal Administrative Procedure Act [Pub. L. 103-272; 108 Stat. 1373; 5 U.S.C. 551 et seq.] and the Federal Advisory Committee Act [5 U.S.C. Appendix 2, section 1 et seq.]. All rules and amendments become binding as of the date specified in each rule or amendment.

3. If a majority of the legislatures of the compacting states reject a rule, by enactment of a statute or adoption of a resolution in the same manner used to adopt the compact, the rule has no further force and effect in any compacting state.

4. When adopting a rule, the interstate commission shall:

a. Publish the proposed rule, stating with particularity the text of the rule that is proposed and the reason for the proposed rule;

b. Allow persons to submit written data, facts, opinions, and arguments, which information must be publicly available;

c. Provide an opportunity for an informal hearing; and

d. Adopt a final rule and its effective date, if appropriate, based on the rulemaking record. Not later than sixty days after a rule is adopted, any interested person may file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission’s principal office is located for judicial review of the rule. If the court finds that the interstate commission’s action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subdivision, evidence is substantial if it would be considered substantial evidence under the Federal Administrative Procedure Act [Pub. L. 103-272; 108 Stat. 1373; 5 U.S.C. 551 et seq.] and the Federal Advisory Committee Act [5 U.S.C. Appendix 2, section 1 et seq.].

5. Rules related to the following subjects must be addressed within twelve months after the first meeting of the interstate commission:

a. Notice to victims and opportunity to be heard;

b. Offender registration and compliance;

c. Violations and returns;

d. Transfer procedures and forms;

e. Eligibility for transfer;

f. Collection of restitution and fees from offenders;

g. Data collection and reporting;

h. Level of supervision to be provided by the receiving state;

i. Transition rules governing the operation of the compact and the interstate commission during the period between the effective date of the compact and the date on which the last eligible state adopts the compact; and

6. The existing rules governing the operation of the previous compact superseded by this compact are void twelve months after the first meeting of the interstate commission created under this compact.

7. Upon determination by the interstate commission that an emergency exists, the interstate commission may adopt an emergency rule that becomes effective immediately upon adoption, provided that the usual rulemaking procedures provided in this article are retroactively applied to the rule as soon as reasonably possible, but no later than ninety days after the effective date of the rule.

ARTICLE IX — OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION

1. a. The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor those activities being administered in noncompacting states which may significantly affect compacting states.

b. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the interstate commission, the interstate commission is entitled to receive all service of process in any such proceeding and has standing to intervene in the proceeding for all purposes.

2. a. The compacting states shall report to the interstate commission on issues or activities of concern to them and cooperate with and support the interstate commission in the discharge of its duties and responsibilities.

b. The interstate commission shall attempt to resolve any dispute or other issues that are subject to the compact and which may arise among compacting states and noncompacting states. The interstate commission shall adopt a bylaw or rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

3. The interstate commission, in the reasonable exercise of its discretion, shall enforce this compact using any or all means set forth in subsection 2 of article 12 of this compact.

ARTICLE X — FINANCE

1. The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

2. The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff, which must be in a total amount sufficient to cover the interstate commission’s annual budget as approved each year. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state. The interstate commission shall adopt a rule binding upon all compacting states which governs the assessment.

3. The interstate commission may not incur any obligation of any kind before securing the funds adequate to meet the obligation, nor may the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

4. The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission must be audited yearly by a certified or licensed public accountant and the report of the audit must be included in and become part of the annual report of the interstate commission.

5. a. The interstate compact for adult offender supervision fund is established as a special fund in the state treasury. The fund consists of moneys appropriated for the purpose of meeting financial obligations imposed on the state as a result of the state’s participation in this compact.

b. An assessment levied or any other financial obligation imposed under this compact is effective against the state only to the extent that moneys to pay the assessment or meet the financial obligation have been appropriated and deposited in the fund established in subdivision a.

ARTICLE XI — COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT

1. Any state is eligible to become a compacting state.

2. The compact becomes effective and binding upon legislative enactment of the compact into law by thirty-five or more states. The initial effective date is the later of August 1, 2001, or upon enactment into law by the thirty-fifth state. Thereafter, the compact becomes effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of noncompacting states or their designees may be invited to participate in interstate commission activities on a nonvoting basis before adoption of the compact by all states.

3. Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. No amendment becomes effective and binding upon the interstate commission and the compacting states until it is enacted into law by unanimous consent of the compacting states.

ARTICLE XII — WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT

1. a. Once effective, the compact continues in force and remains binding upon every compacting state, but a compacting state may withdraw from the compact by repealing the statute resolution that enacted the compact into law. The effective date of withdrawal is the effective date of the repeal.

b. The withdrawing state shall notify the chairman of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within sixty days of receipt of the notice.

c. The withdrawing state is responsible for all assessments, obligations, and liabilities of that state incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

d. Reinstatement following withdrawal of any compacting state occurs upon the withdrawing state re-enacting the compact or upon a later date as determined by the interstate commission.

2. a. If the interstate commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact or the bylaws or rules of the interstate commission, the interstate commission may impose any one or more of the following penalties:

b. The grounds for default include failure of a compacting state to perform obligations or responsibilities imposed upon it by this compact or the interstate commission bylaws or rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, in addition to any other penalties imposed, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact must be terminated from the effective date of suspension. Within sixty days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice, or chief judicial officer of the defaulting state, the majority and minority leaders of the defaulting state’s legislative assembly, and the state council of the termination.

c. The defaulting state is responsible for all assessments, obligations, and liabilities of that state incurred through the effective date of termination, including any obligations, the performance of which extend beyond the effective date of termination.

d. The interstate commission does not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state. Reinstatement following termination of any compacting state requires both a re-enactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.

3. The interstate commission, by majority vote of the members, may initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district court where the interstate commission has its principal office to enforce compliance with the compact, its rules, or bylaws against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of the litigation, including reasonable attorney’s fees.

4. a. The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state.

b. Upon the dissolution of this compact, the compact becomes void and the business and affairs of the interstate commission must be concluded and any surplus funds must be distributed in accordance with the bylaws.

ARTICLE XIII — BINDING EFFECT OF COMPACT AND OTHER LAWS

1. a. This compact does not prevent the enforcement of any other law of a compacting state which is consistent with this compact.

b. The laws of the state, other than the Constitution of North Dakota, which conflict with this compact are superseded to the extent of the conflict.

2. a. All lawful actions of the interstate commission, including all rules and bylaws adopted by the interstate commission, are binding upon the state unless contrary to the Constitution of North Dakota.

b. All agreements between the interstate commission and the compacting states are binding in accordance with their terms.

c. Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding the meaning or interpretation.

d. In the event any provision of this compact exceeds the constitutional limits imposed on the legislative assembly of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by the provision upon the interstate commission are ineffective and the obligations, duties, powers, or jurisdiction remain in the compacting state and must be exercised by the agency to which the obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.

3. The state is bound by the bylaws and rules adopted under this compact only to the extent that the operation of the bylaws and rules does not impose an obligation exceeding any limitation on state power or authority contained in the Constitution of North Dakota as interpreted by the courts of this state.

Note.

Section 2 of chapter 141, S.L. 2001, provides:

EXPIRATION DATE. The Act is effective through August 1, 2003, and after that date is ineffective.” Section 6 of chapter 102, S.L. 2003 repeals the expiration date of this chapter.

Collateral References.

Validity, Construction, and Application of Interstate Corrections Compact and Implementing State Laws — Jurisdictional Issues, Governing Law, and Validity and Applicability of Compact. 54 A.L.R.6th 1.

Construction and Application of Interstate Corrections Compact and Implementing State Laws — Equivalency of Conditions and Rights and Responsibilities of Parties. 56 A.L.R.6th 553.

12-65-02. Custody and detention of offender for violation of terms and conditions of compact supervision — Hearing and waiver — Report to sending state.

  1. Whenever it is alleged that an offender under compact supervision by the state has violated any terms and conditions of supervision under the compact for the supervision of adult offenders, the compact administrator may issue a warrant to take the offender into custody and detain the offender and request that the sending state retake the offender. The warrant must be entered into the national crime information center file with nationwide extradition and no bond amount. If there is probable cause to believe an offender has violated any of the terms or conditions of supervision under the compact for the supervision of adult offenders, a parole and probation officer or any peace officer directed by a parole and probation officer shall take the offender into custody and detain the offender in a correctional facility pending application for a warrant of arrest and authority to detain. The offender may not be released on bail pending the probable cause hearing under this chapter. The offender is entitled to a hearing to be held in accordance with this chapter within a reasonable time after being taken into custody to determine whether there is probable cause to find that the offender violated any of the terms and conditions of parole or probation while under compact supervision. The offender may waive the hearing and admit there is probable cause to find that the offender violated any of the terms and conditions of parole or probation while under compact supervision. As soon as practical after the hearing or waiver of the hearing, the compact administrator shall furnish a copy of the hearing record and make a report to the sending state with findings of fact regarding the violations of the terms and conditions of parole or probation while under compact supervision and shall make recommendations regarding the disposition of the offender. If it appears to the compact administrator that the sending state will retake the offender, the compact administrator may detain the offender for a reasonable period after the hearing or waiver in order for the sending state to arrange for retaking the offender.
  2. Whenever a receiving state that is supervising an offender for the state issues a mandatory retaking of that offender, the parole board or the court with jurisdiction shall issue a warrant. The warrant must be entered into the national crime information center file with nationwide extradition and no bond amount. If requested by the state, the receiving state shall establish probable cause when the offender is apprehended.

Source:

S.L. 2003, ch. 102, § 4; 2021, ch. 102, § 1, effective August 1, 2021.

12-65-03. Waiver of extradition.

Authorized officers of a sending state may enter this state and apprehend and retake any offender from the sending state who is present in this state pursuant to the compact for the supervision of adult offenders. The sending state shall establish the authority of the officers and the identity of the offender before the officers may retake the offender back to the sending state. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived. The decision of the sending state to retake an offender is conclusive upon and not reviewable by this state. If the offender is alleged to have committed a criminal offense within this state, or if there is any criminal charge pending against an offender in this state, and unless permission has been obtained from the state’s attorney in the county in which the criminal offense is alleged to have occurred, the sending state may not retake the offender from this state until the offender has been discharged from prosecution or released from imprisonment for the criminal offense.

Source:

S.L. 2003, ch. 102, § 4.

12-65-04. Who may hold a hearing.

A hearing pursuant to this chapter must be before a hearing officer designated by the compact administrator. The hearing may not be conducted by a person directly involved in the supervision of the offender or by the person bringing the allegation of a probation or parole violation.

Source:

S.L. 2003, ch. 102, § 4.

12-65-05. Conduct of hearing.

The offender is entitled to:

  1. Notice in writing of the nature and content of the allegations against the offender and that the purpose of the hearing is to determine whether there is probable cause to believe that the offender has violated any terms and conditions of compact supervision that may result in the sending state retaking the offender and may result in revocation of parole or probation in the sending state.
  2. Opportunity to be heard in person and present witnesses and evidence.
  3. The opportunity to confront and cross-examine adverse witnesses, unless the hearing officer determines that confrontation may present a risk of harm to a witness.
  4. Written findings of fact and an explanation of the decision.

Source:

S.L. 2003, ch. 102, § 4.

12-65-06. Force and effect of hearings in other states.

In a case of alleged parole or probation violation by an offender being supervised in another state pursuant to the interstate compact for the supervision of adult offenders, any appropriate judicial or administrative officer or agency in another state is authorized to hold a hearing on the alleged violation. Upon receipt of the record of a parole or probation violation hearing held in another state pursuant to a statute substantially similar to this chapter, the record has the same standing and effect as though the proceeding of which it is a record was had before the appropriate officer or officers in this state, and any recommendations contained in or accompanying the record must be fully considered by the appropriate officer or officers of this state in making disposition of the matter.

Source:

S.L. 2003, ch. 102, § 4.

12-65-07. Violation of compact — Penalty.

An offender who is on parole or probation in another state, who is present in this state without the permission of the compact administrator, and who does not leave this state within seven days after being notified in writing by a law enforcement officer that the offender may not remain in this state without the permission of the compact administrator is guilty of a class C felony. Within twenty-four hours after a law enforcement officer has notified an offender that the offender may not remain within the state without the permission of the compact administrator, the law enforcement officer shall report the notification to the designated officer. An offender who is on parole or probation in another state may not remain in this state without the permission of the compact administrator. In a prosecution for an offense under this section, an offender’s good-faith belief that the offender received permission to be present in this state is an affirmative defense if the offender acted in reasonable reliance upon the written statements of an authorized officer of this state or the state in which the offender is on parole or probation. This defense is not available to a person who remains present in this state after being notified in writing by the compact administrator that the offender does not have permission to be present.

Source:

S.L. 2003, ch. 102, § 4.

Cross-References.

Penalty for class C felony, see N.D.C.C. § 12.1-32-01.

12-65-08. Interstate transfer or travel of probationers and parolees — Fees.

  1. Upon the approval by the department of corrections and rehabilitation of a request of a probationer or parolee who is under the supervision of the department of corrections and rehabilitation to transfer residence to another state under the interstate compact for adult offender supervision, the probationer or parolee shall pay to the department an application fee of one hundred fifty dollars. The department may waive the offender’s application fee. In addition to the application fee paid by the probationer, the county having jurisdiction over the probationer, upon approval of the application for transfer of that probationer, shall pay to the department a fee of one hundred fifty dollars. In addition to the application fee paid by the parolee, the department, upon approval of the application for transfer of that parolee, shall pay to the department a fee of one hundred fifty dollars. However, if the balance in the fund created pursuant to subsection 3 exceeds seventy-five thousand dollars on June thirtieth of the immediately preceding fiscal year, the department shall waive the entire fee otherwise required to be paid by the county or department.
  2. Any probationer or parolee residing in the state who requests a travel permit to travel to another state shall pay to the department a travel permit fee of ten dollars, unless waived by the department.
  3. The department shall transfer all funds collected or paid under this section to the state treasury for deposit in the probationer and parolee violation transportation fund. The funds deposited in this fund may be spent pursuant to legislative appropriation for the purpose of defraying the costs of returning to the state probationers and parolees who violate their conditions of supervision. The department may contract with a private entity to assist in the administration of the fund.
  4. The department shall adopt rules for implementation of this section.

Source:

S.L. 2003, ch. 99, § 1; 2007, ch. 15, § 4; 2021, ch. 103, § 1, effective July 1, 2021.

CHAPTER 12-66 Interstate Compact for Juveniles

12-66-01. Compact for juveniles.

This interstate compact for juveniles is entered with all jurisdictions legally joining the compact in the form substantially as follows:

Source:

S.L. 2003, ch. 103, § 1.

ARTICLE I — PURPOSE

The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that the United States Congress, by enacting the Crime Control Act [Pub. L. 89-554; 80 Stat. 608; 4 U.S.C. 112] has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

It is the purpose of this compact, through means of joint and cooperative action among the compacting states to:

  1. Ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state;
  2. Ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected;
  3. Return juveniles who have run away, absconded, or escaped from supervision or control or have been accused of an offense to the state requesting their return;
  4. Make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services;
  5. Provide for the effective tracking and supervision of juveniles;
  6. Equitably allocate the costs, benefits, and obligations of the compacting states;
  7. Establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders;
  8. Ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines;
  9. Establish procedures to resolve pending charges against juvenile offenders before transfer or release to the community under the terms of this compact;
  10. Establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators;
  11. Monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance;
  12. Coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and
  13. Coordinate the implementation and operation of the compact with the interstate compact for the placement of children, the interstate compact for adult offender supervision, and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the interstate commission are the formation of public policies and therefore are public business, and the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact must be reasonably and liberally construed to accomplish the purposes and policies of the compact.
    1. An accused delinquent, who is an individual charged with an offense that, if committed by an adult, would be a criminal offense;
    2. An adjudicated delinquent, who is an individual found to have committed an offense that, if committed by an adult, would be a criminal offense;
    3. An accused status offender, who is an individual charged with an offense that would not be a criminal offense if committed by an adult;
    4. An adjudicated status offender, who is an individual found to have committed an offense that would not be a criminal offense if committed by an adult; and
    5. A nonoffender, who is an individual in need of supervision who has not been accused or adjudicated a status offender or delinquent.
    6. Disclose investigative records compiled for law enforcement purposes;
    7. Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the commission with respect to a regulated person for the purpose of regulation or supervision of that person;
    8. Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person; or
    9. Specifically relate to the commission’s issuance of a subpoena or its participation in a legal proceeding.
  14. To sue and be sued.
  15. To adopt a seal and bylaws governing the management and operation of the commission.
  16. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
  17. To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the commission during the preceding year. Reports must include any recommendations that may have been adopted by the commission.
  18. To coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in that activity.
  19. To establish uniform standards of the reporting, collecting, and exchanging of data.
  20. To maintain its corporate books and records in accordance with the bylaws.
    1. Establishing the fiscal year of the commission;
    2. Establishing an executive committee and any other committee as may be necessary;
    3. Providing for the establishment of committees governing any general or specific delegation of any authority or function of the interstate commission;
    4. Providing reasonable procedures for calling and conducting meetings of the commission and ensuring reasonable notice of each meeting;
    5. Establishing the titles and responsibilities of the officers of the commission;
    6. Providing a mechanism for concluding the operations of the commission and the return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all of its debts and obligations;
    7. Providing startup rules for initial administration of the compact; and
    8. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
      1. Immediate notice of suspension must be given by the commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the state council. The grounds for default include failure of a compacting state to perform the obligations or responsibilities imposed upon the state by this compact, the bylaws, or rules and any other grounds designated in commission bylaws and rules. The commission shall notify the defaulting state in writing of the penalty imposed by the commission and of the default pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state must be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact must be terminated from the effective date of termination.
      2. Within sixty days of the effective date of termination of a defaulting state, the commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state’s legislature, and the state council of the termination. The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including any obligations the performance of which extends beyond the effective date of termination. The commission does not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the commission and the defaulting state. Reinstatement following termination of any compacting state requires both a re-enactment of the compact by the defaulting state and the approval of the commission pursuant to the rules.

ARTICLE II — DEFINITIONS

As used in this compact, unless the context requires otherwise:

1. “Bylaws” means those bylaws established by the commission for its governance, or for directing or controlling its actions or conduct.

2. “Compact administrator” means the individual in each compacting state appointed pursuant to the terms of this compact, responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the commission, and policies adopted by the state council under this compact.

3. “Compacting state” means any state that has enacted the enabling legislation for this compact.

4. “Commission” means the interstate commission for juveniles created by article 3 of this compact.

5. “Commissioner” means the voting representative of each compacting state appointed pursuant to article 3 of this compact.

6. “Court” means any court having jurisdiction over delinquent, neglected, or dependent children.

7. “Deputy compact administrator” means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator.

8. “Juvenile” means any individual defined as a juvenile in any member state or by the rules of the interstate commission, including:

9. “Noncompacting state” means any state that has not enacted the enabling legislation for this compact.

10. “Probation or parole” means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.

11. “State” means a state of the United States, the District of Columbia, or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.

ARTICLE III — INTERSTATE COMMISSION FOR JUVENILES

1. The compacting states create the interstate commission for juveniles. The commission is a body corporate and joint agency of the compacting states. The commission has all the responsibilities, powers, and duties set forth in this compact, and any additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

2. The commission consists of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the state council for interstate juvenile supervision. The commissioner is the compact administrator, deputy compact administrator, or designee from that state who serves on the commission in that capacity under or pursuant to the applicable law of the compacting state.

3. In addition to the commissioners who are the voting representatives of each state, the commission must include individuals who are not commissioners, but who are members of interested organizations. The noncommissioner members include a member of the national organizations of governors, legislators, state chief justices, attorneys general, interstate compact for adult offender supervision, interstate compact for the placement of children, juvenile justice and juvenile corrections officials, and crime victims. All noncommissioner members of the commission are nonvoting members. The commission may provide in its bylaws for other additional nonvoting members, including members of other national organizations, in those numbers as determined by the commission.

4. Each compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states constitutes a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the commission.

5. The commission shall meet at least once each calendar year. The chairman may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice must be given of all meetings and meetings must be open to the public.

6. The commission shall establish an executive committee that includes commission officers, members, and others as determined by the bylaws. The executive committee shall act on behalf of the commission during periods when the commission is not in session, with the exception of rulemaking or amendment to the compact. The executive committee oversees the day-to-day activities of the administration of the compact managed by an executive director and commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and rules, and performs any other duties as directed by the commission or set forth in the bylaws.

7. Each member of the commission is entitled to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person and may not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication.

8. The commission’s bylaws must establish conditions and procedures under which the commission makes its information and official records available to the public for inspection or copying. The commission may exempt from disclosure any information or official records to the extent the information or records would adversely affect personal privacy rights or proprietary interests.

9. Public notice must be given of all meetings and all meetings are open to the public, except as set forth in the rules or as otherwise provided in the compact. The commission and any of its committees may close a meeting to the public when it determines by two-thirds vote that an open meeting would be likely to:

a. Relate solely to the commission’s internal personnel practices and procedures;

b. Disclose matters specifically exempted from disclosure by statute;

c. Disclose trade secrets or commercial or financial information that is privileged or confidential;

d. Involve accusing any person of a crime or formally censuring any person;

e. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

10. For every meeting closed pursuant to this provision, the commission’s legal counsel shall publicly certify that, in the legal counsel’s opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision. The commission shall keep minutes that fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote. All documents considered in connection with any action must be identified in the minutes.

11. The commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements. The methods of data collection, exchange, and reporting, insofar as is reasonably possible, must conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.

ARTICLE IV — POWERS AND DUTIES OF THE COMMISSION

The commission has the following powers and duties:

1. To provide for dispute resolution among compacting states.

2. To adopt rules to effect the purposes and obligations as enumerated in this compact, which have the force and effect of law and are binding in the compacting states to the extent and in the manner provided in this compact.

3. To oversee, supervise, and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules adopted by the commission.

4. To enforce compliance with the compact provisions, the rules adopted by the commission, and the bylaws, using all necessary and proper means, including the use of judicial process.

5. To establish and maintain offices located within one or more of the compacting states.

6. To purchase and maintain insurance and bonds.

7. To borrow, accept, hire, or contract for services of personnel.

8. To establish and appoint committees and hire staff it determines necessary for the carrying out of its functions, including an executive committee as required by article 3, which has the power to act on behalf of the commission in carrying out its powers and duties under this compact.

9. To elect or appoint officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications, and to establish the commission’s personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.

10. To accept, use, and dispose of donations and grants of money, equipment, supplies, materials, and services.

11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property.

12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property.

13. To establish a budget and make expenditures and levy dues as provided in article 8 of this compact.

ARTICLE V — ORGANIZATION AND OPERATION OF THE COMMISSION

1. The commission, by a majority of the members present and voting, within twelve months after the first commission meeting, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including:

2. The commission, by a majority of the members, shall elect annually from among its members a chairman and a vice chairman, each of whom has the authority and duties as may be specified in the bylaws. The chairman or, in the chairman’s absence or disability, the vice chairman shall preside at all meetings of the commission. The officers so elected serve without compensation or remuneration from the commission, provided that, subject to the availability of budgeted funds, the officers are reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.

3. The commission, through its executive committee, shall appoint or retain an executive director for a period, upon the terms and conditions, and for the compensation as the commission determines appropriate. The executive director shall serve as secretary to the commission, but may not be a member, and shall hire and supervise any other staff as may be authorized by the commission.

4. a. The commission’s executive director and employees are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that the individual is not protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct.

b. The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of that individual’s employment or duties for acts, errors, or omissions occurring within that individual’s state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. This subdivision does not protect any individual from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of that individual.

c. The commission shall defend the executive director or the employees or representatives of the commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend the commissioner or the commissioner’s representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of that individual.

d. The commission shall indemnify and hold the commissioner of a compacting state, or the commissioner’s representatives or employees, or the commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against the individuals arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the individuals had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful and wanton misconduct on the part of the individuals.

ARTICLE VI — RULEMAKING FUNCTIONS OF THE COMMISSION

1. The commission shall adopt and publish rules to effectively and efficiently achieve the purposes of the compact.

2. Rulemaking must occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant to this article. The rulemaking must substantially conform to the principles of the Model State Administrative Procedures Act, 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or any other administrative procedures act, as the interstate commission deems appropriate consistent with due process requirements under the Constitution of the United States. All rules and amendments become binding as of the date specified, as published with the final version of the rule as approved by the commission.

3. When adopting a rule, the commission shall:

a. Publish the proposed rule’s entire text stating the reason for that proposed rule;

b. Allow and invite any person to submit written data, facts, opinions, and arguments which must be added to the record, and be made publicly available;

c. Provide an opportunity for an informal hearing if petitioned by ten or more persons; and

d. Adopt a final rule and its effective date, if appropriate, based on comment from interested parties or state or local officials.

4. Not later than sixty days after a rule is adopted, any interested person may file a petition in the United States district court for the District of Columbia or in the federal district court where the commission’s principal office is located for judicial review of the rule. If the court finds that the commission’s action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.

5. If a majority of the legislatures of the compacting states rejects a rule, those states, by enactment of a statute or resolution in the same manner used to adopt the compact, may cause that the rule has no further force and effect in any compacting state.

6. The existing rules governing the operation of the interstate compact on juveniles superseded by this act are void twelve months after the first meeting of the commission.

7. Upon determination by the commission that a state of emergency exists, the commission may adopt an emergency rule that becomes effective immediately upon adoption, provided that the usual rulemaking procedures provided in this article are retroactively applied to the rule as soon as reasonably possible, but no later than ninety days after the effective date of the emergency rule.

ARTICLE VII — OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE COMMISSION

1. The commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor those activities being administered in noncompacting states which may significantly affect compacting states.

2. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. This compact and the rules adopted under this compact must be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts must take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the interstate commission, the commission is entitled to receive all service of process in the proceeding, and has standing to intervene in the proceeding for all purposes.

3. The compacting states shall report to the commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.

4. The commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues that are subject to the compact and which may arise among compacting states and between compacting and noncompacting states. The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

5. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in article 11 of this compact.

ARTICLE VIII — FINANCE

1. The commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

2. The commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the commission and the commission’s staff, which must be in a total amount sufficient to cover the commission’s annual budget as approved each year. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall adopt a rule binding upon all compacting states which governs the assessment.

3. The commission may not incur any obligations of any kind before securing the funds adequate to meet the obligations, nor may the commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

4. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission must be audited yearly by a certified or licensed public accountant and the report of the audit must be included in and become part of the annual report of the commission.

ARTICLE IX — COMPACT ADMINISTRATOR AND STATE COUNCIL

1. The director of the department of corrections and rehabilitation, or the director’s designee, shall serve as the compact administrator for this state’s commissioner to the commission.

2. The North Dakota state council for interstate juvenile supervision is established, consisting of seven members. The director of the department of corrections and rehabilitation, or the director’s designee, is a member of the state council and serves as chairman. Of the remaining members of the state council:

a. The governor shall appoint three members, one of whom must represent a crime victim’s organization; and

b. The chief justice of the supreme court shall appoint one member and the chairman of the legislative council shall appoint one member from the house of representatives and one member from the senate.

3. The term of office of a member is four years.

4. The state council shall meet at least twice a year.

5. The state council may advise the compact administrator on participation in the commission activities and administration of the compact.

6. Members of the state council are entitled to expenses as provided in sections 44-08-04 and 54-06-09. Legislative assembly members also are entitled to compensation at the rate provided in section 54-35-10.

ARTICLE X — COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT

1. Any state is eligible to become a compacting state.

2. The compact becomes effective and binding upon legislative enactment of the compact into law by no less than thirty-five states. The initial effective date is the later of July 1, 2004, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter, the compact becomes effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees must be invited to participate in the activities of the commission on a nonvoting basis before the adoption of the compact by all states and territories of the United States.

3. The commission may propose amendments to the compact for enactment by the compacting states. An amendment does not become effective and binding upon the commission and the compacting states until it is enacted into law by unanimous consent of the compacting states.

ARTICLE XI — WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT

1. Once effective, the compact continues in force and remains binding upon every compacting state, but a compacting state may withdraw from the compact by specifically repealing the statute that enacted the compact into law. The effective date of withdrawal is the effective date of the repeal. The withdrawing state shall notify the chairman of the commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within sixty days of receipt of the notice. The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations the performance of which extend beyond the effective date of withdrawal. Reinstatement following withdrawal of any compacting state occurs upon the withdrawing state re-enacting the compact or upon a later date as determined by the interstate commission.

2. If the commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact or the bylaws or rules of the commission, the commission may impose any or all of the following penalties:

a. Remedial training and technical assistance as directed by the commission;

b. Alternative dispute resolution;

c. Fines, fees, and costs in those amounts as are determined to be reasonable as fixed by the commission; and

d. Suspension or termination of membership in the compact, which may be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the commission has determined that the offending state is in default.

3. The commission, by majority vote of the members, may initiate legal action in the United States district court for the District of Columbia or, at the discretion of the commission, in the federal district where the commission has its offices, to enforce compliance with the compact, its duly promulgated rules, and bylaws against any compacting state in default. If judicial enforcement is necessary, the prevailing party must be awarded all costs of the litigation, including reasonable attorney’s fees.

4. The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state. Upon the dissolution of this compact, the compact becomes void and the business and affairs of the commission must be concluded and any surplus funds must be distributed in accordance with the bylaws.

ARTICLE XII — BINDING EFFECT OF COMPACT AND OTHER LAWS

1. This compact does not prevent the enforcement of any other law of a compacting state which is consistent with this compact. All compacting states’ laws other than the Constitution of North Dakota and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.

2. All lawful actions of the commission, including all rules and bylaws adopted by the commission, are binding upon the compacting states.

3. All agreements between the commission and the compacting states are binding in accordance with their terms.

4. Upon the request of a party to a conflict over meaning or interpretation of commission actions, and upon a majority vote of the compacting states, the commission may issue advisory opinions regarding the meaning or interpretation.

5. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by the provision upon the commission are ineffective and the obligations, duties, powers, or jurisdiction remain in the compacting state and must be exercised by the agency to which the obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.

CHAPTER 12-67 Home Detention and Monitoring for Certain Offenders

12-67-01. Definitions.

As used in this chapter:

  1. “Administrator” means the sheriff, chief of police, administrator, superintendent, director, or other individual serving as the chief executive officer of a correctional facility, as defined in section 12-44.1-01.
  2. “Approved electronic monitoring device” means a global positioning system device or other electronic monitoring device approved by the department or the administrator which is primarily intended to actively or passively monitor, record, and transmit confirmation of a participant’s location or the participant’s presence or nonpresence in the home.
  3. “Court” means the district or municipal court having criminal or juvenile jurisdiction over a participant in electronic home detention or global positioning system monitoring.
  4. “Department” means the department of corrections and rehabilitation.
  5. “Home detention” means the confinement of an individual adjudicated, convicted, or charged with an offense to the individual’s place of residence under the terms and conditions established by the court, the administrator, or the department.
  6. “Participant” means an adult or juvenile offender placed into an electronic monitoring program.

Source:

S.L. 2007, ch. 117, § 1; 2009, ch. 126, § 1.

12-67-02. Application.

  1. For those offenders who are sentenced by the court to a term of imprisonment in a county jail or regional correctional facility, the court may commit the offender to the legal and physical custody of the administrator of the jail or correctional facility. Except in cases in which the law requires mandatory incarceration and does not allow for electronic home detention or global positioning system monitoring, the administrator of the jail or correctional facility shall make the decision as to whether the use of electronic home detention or global positioning system monitoring is appropriate for that offender.
  2. Electronic home detention or global positioning system monitoring may be used for adult and juvenile offenders as selected by the court, the administrator, the parole board, or the department for adult offenders as an intermediate measure of supervised probation, and for delinquent juvenile offenders in the custody of the division of juvenile services as a condition of community placement. Electronic home detention and global positioning system monitoring may be used for the following:
    1. Pretrial or preadjudicatory detention.
    2. Probation.
    3. Community corrections approved by the court.
    4. Parole.
    5. Work release under chapter 12-44.1 or approved by the parole board.
    6. Institutional release approved by the court or the parole board.
    7. Sex offender containment.
  3. If not otherwise prohibited by law, the administrator may use electronic home detention or global positioning system monitoring for an offender if required due to medical needs of the offender or to prevent overcrowding in the county jail or regional correctional facility.
  4. If the law requires mandatory incarceration and does not allow for electronic home detention or global positioning system monitoring, the court order must expressly prohibit electronic home detention and global positioning system monitoring.
  5. Notwithstanding any other provision of law, an offender who has pled guilty or nolo contendere to, or has been found guilty of a felony under section 14-09-22, is not eligible for electronic home detention or home-based global positioning system monitoring if a minor is present in the home.

Source:

S.L. 2007, ch. 117, § 1; 2009, ch. 126, § 2; 2011, ch. 95, § 1; 2019, ch. 104, § 1, effective August 1, 2019.

Effective Date.

The 2011 amendment of this section by section 1 of chapter 95, S.L. 2011 became effective August 1, 2011.

12-67-03. Program description — Fees.

  1. Subject to the availability of funding, the department or a correctional facility subject to chapter 12-44.1 may implement an electronic home detention and global positioning system monitoring program.
  2. A participant may be required to remain within the interior premises or within the property boundaries of the participant’s residence at all times during the hours designated by the court, the administrator, the parole board, or the department. Instances of approved absences from the residence may include:
    1. Work or employment approved by the court, the administrator, the parole board, or the department or traveling to or from approved employment;
    2. Unemployment and seeking employment approved for the participant by the court, the administrator, the parole board, or the department;
    3. Medical, psychiatric, mental health treatment, counseling, or other treatment programs approved for the participant by the court, the administrator, the parole board, or the department;
    4. Attendance at an educational institution or a program approved for the participant by the court, the administrator, the parole board, or the department;
    5. Attendance at a regularly scheduled religious service at a place of worship;
    6. Participation in a community work release or community service program approved for the participant by the court, the administrator, the parole board, or the department; or
    7. For another compelling reason consistent with the public interest, as approved by the court, the administrator, the parole board, or the department.
  3. A participant shall admit any individual or agent designated by the court, the administrator, the parole board, or the department into the participant’s residence at any time for purposes of verifying the participant’s compliance with the conditions of the participant’s detention.
  4. A participant shall make the necessary arrangements to allow for any individual or agent as designated by the court, the administrator, the parole board, or the department to visit the participant’s place of education or employment at any time, based upon the approval of the educational institution or employer, for the purpose of verifying the participant’s compliance with the conditions of the participant’s detention.
  5. A participant shall acknowledge and participate in the approved electronic monitoring program as designated by the court, the administrator, the parole board, or the department at any time for the purpose of verifying the participant’s compliance with the conditions of the participant’s detention.
  6. A participant shall maintain the following:
    1. A monitoring device in the participant’s residence or on the participant’s person, or both; and
    2. A working telephone in the participant’s residence or in the absence of a telephone a monitoring device in the participant’s residence and on the participant’s person.
  7. A participant shall obtain approval from the court, the administrator, the parole board, or the department before the participant changes residence or the schedule described in subsection 2.
  8. The court, the administrator, the parole board, or the department shall inform a participant that violation of the order for home detention may subject the participant to prosecution or adjudication for the offense of escape from official detention.
  9. The court or the administrator shall assess to each participant the actual cost of the electronic monitoring. The court or the administrator also shall assess to each participant an administration fee of not more than five dollars per day which is to be used to reimburse the sheriff or other law enforcement agency for the cost of electronic monitoring enforcement services.
  10. A participant shall abide by other conditions as set by the court, the administrator, the parole board, or the department.
  11. An approved electronic monitoring device may be used to record a conversation between a participant and the monitoring device or the participant and the individual supervising the participant solely for the purpose of identification and not for the purpose of eavesdropping or conducting any other illegally intrusive monitoring.

Source:

S.L. 2007, ch. 117, § 1; 2009, ch. 126, § 3.

12-67-04. Consent of the participant.

Before electronic home detention or global positioning system monitoring may be used, the court, the administrator, the parole board, or the department shall inform the participant and other individuals residing in the residence of the nature and extent of the approved electronic monitoring devices by securing the written consent of the participant in the program and ensuring that the approved electronic devices be minimally intrusive upon the privacy of the participant and other individuals residing in the residence.

Source:

S.L. 2007, ch. 117, § 1; 2009, ch. 126, § 4.

CHAPTER 12-68 Missing Person Reports

12-68-01. Missing person reports.

  1. A report of a missing person may be made to any law enforcement agency in the state. The law enforcement agency may not refuse to accept a missing person report solely on the basis that:
    1. The missing person is an adult;
    2. The circumstances do not indicate foul play;
    3. The person has been missing for a short period of time;
    4. The person has been missing for a long period of time; or
    5. There is no indication that the missing person was in the jurisdiction served by the law enforcement agency at the time of the disappearance.
  2. Notwithstanding subsection 1, if, upon receiving sufficient information from the person making the report, the law enforcement agency that receives the initial report of a missing person determines that a law enforcement agency in another jurisdiction is clearly the more appropriate law enforcement agency to receive the missing person report, the law enforcement agency that receives the initial report may refer the missing person report to the more appropriate law enforcement agency. The responsibility for the missing person report remains with the law enforcement agency that receives the initial missing person report until the law enforcement agency in the other jurisdiction confirms, in writing, its acceptance of responsibility for the missing person report. If the law enforcement agency to which the missing person report is referred is located within this state, that law enforcement agency shall accept or decline the responsibility for the referred missing person report within twenty-four hours after receiving the request from the initial law enforcement agency. The law enforcement agency to which the report is referred may not decline acceptance of responsibility for the missing person report without good cause shown and may not decline acceptance of responsibility for the report solely on the basis of the factors listed in subsection 1.
  3. The law enforcement agency shall accept a missing person report in person. A law enforcement agency also may accept reports by telephone or by electronic or other media to the extent that the reporting is consistent with law enforcement policies or practices.

Source:

S.L. 2009, ch. 127, § 1.

12-68-02. Notification and other action.

  1. When possible, the law enforcement agency shall inform the person making the report, a family member of the missing person, or other person who may be in a position to assist the law enforcement agency regarding the agency’s efforts to locate the missing person about general information regarding the handling of the missing person case or information regarding intended efforts in the case to the extent that the law enforcement agency determines that disclosure would not adversely affect the agency’s ability to locate or protect the missing person or to apprehend or prosecute any person criminally involved in the disappearance.
  2. All DNA samples obtained in missing person cases must be forwarded immediately to the state crime laboratory to perform a DNA analysis. The state crime laboratory shall establish procedures for determining how to prioritize analysis of the samples relating to missing person cases.
  3. The law enforcement agency shall submit relevant information to the federal bureau of investigation’s violent criminal apprehension program as soon as is practicable.

Source:

S.L. 2009, ch. 127, § 2.

12-68-03. Prompt determination of high-risk missing person — Law enforcement agency reports.

  1. A high-risk missing person is an individual whose whereabouts are not currently known and the circumstances indicate that the individual may be at risk of injury or death.
  2. Upon the determination by the law enforcement agency that the missing person is a high-risk missing person, the law enforcement agency shall notify the bureau of criminal investigation. The law enforcement agency shall provide to the bureau of criminal investigation the information most likely to aid in the location and safe return of the high-risk missing person.
  3. The responding local law enforcement agency immediately shall enter all collected information relating to the missing person case in available state and federal databases. If the responding local law enforcement agency does not have the capability to enter this data directly in the state and federal databases, the bureau of criminal investigation shall enter all collected information relating to the missing person case in available state and federal databases. The information shall be provided in accordance with applicable guidelines relating to the databases.

Source:

S.L. 2009, ch. 127, § 3.

12-68-04. Unidentified person or human remains identification responsibilities.

  1. If the official with custody of the human remains is not a coroner or medical examiner, the official promptly shall transfer the unidentified remains to the coroner or medical examiner to examine human remains for the purpose of identification of the human remains.
  2. A coroner or medical examiner or any other person may not dispose of or engage in actions that will materially affect the unidentified human remains before the coroner or medical examiner:
    1. Obtains samples suitable for DNA identification and archiving;
    2. Obtains photographs of the unidentified person or human remains; and
    3. Exhausts all other appropriate steps for identification.

Source:

S.L. 2009, ch. 127, § 4.

Cross-References.

Coroner, see N.D.C.C. ch. 11-19.1.

12-68-05. Attorney general to develop missing person procedural policy.

To provide guidance to law enforcement agencies in the state, the attorney general shall develop a procedures manual, consistent with this chapter, relating to the investigation of missing person cases. The attorney general shall distribute the manual to law enforcement agencies.

Source:

S.L. 2009, ch. 127, § 5.