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North Dakota Statutes, Title 12

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Title 12, Corrections, Parole, and Probation

76 chapters · 217 sections in this title.

All chapters in Title 12217 Ch 12-44.1, Jails and Regional Correction Centers37 Ch 12-47, The Penitentiary27 Ch 12-60, Bureau of Criminal Investigation27 Ch 12-63, Peace Officer Standards, Training, a…19 Ch 12-59, Parole18 Ch 12-46, North Dakota Youth Correctional Center16 Ch 12-48, Employment of Inmates of the Peniten…13 Ch 12-55.1, Pardon Advisory Board11 Ch 12-65, Interstate Compact for Adult Offende…8 Ch 12-45, Death of Inmates6 Ch 12-52, Aftercare Program for Youth Correcti…6 Ch 12-62, Criminal Justice Training and Statis…5 Ch 12-68, Missing Person Reports5 Ch 12-60.1, Sealing Criminal Records5

27 sections·Filtered byTitle 12✕Ch 12-47✕

N.D.C.C. § 12-47-01 Penitentiary - Location - Purpose
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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 est…
N.D.C.C. § 12-47-02 Jurisdiction over penitentiary and affiliated facilities
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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…
N.D.C.C. § 12-47-04 Commitment to the legal and physical custody of the department of corrections and rehabilitation is at hard labor
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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.
N.D.C.C. § 12-47-05 Officers of penitentiary
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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 depart…

N.D.C.C. § 12-47-06 Appointment of officers

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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 …

N.D.C.C. § 12-47-08 Salary of warden and other officers

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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 penite…

N.D.C.C. § 12-47-11 Powers and duties of warden

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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 pen…

N.D.C.C. § 12-47-12 Warden to make rules

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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 …

N.D.C.C. § 12-47-13 Warden to keep records

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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 th…

N.D.C.C. § 12-47-14 Deputy warden - Duties

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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.

N.D.C.C. § 12-47-15 Absence of warden and deputy wardens

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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.

N.D.C.C. § 12-47-16 Duties of employees - May not engage in procuring pardon

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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 requir…

N.D.C.C. § 12-47-17 Offenders committed to department of corrections and rehabilitation - Records to be kept

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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 cou…

N.D.C.C. § 12-47-18 Director has custody of inmates pursuant to terms of sentence

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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 th…

N.D.C.C. § 12-47-18.1 Transfer of persons between correctional facilities

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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 di…

N.D.C.C. § 12-47-21 Alcoholic beverages and controlled substances prohibited - Physician's orders - Use of tobacco - Weapons and firearms - Penalty

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1. It is unlawful for any person to willfully: a. 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. b. Deliver a controlled…

N.D.C.C. § 12-47-22 Discipline of inmates - Confinement in cells - Communication

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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 regula…

N.D.C.C. § 12-47-23 Warden to maintain discipline

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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.

N.D.C.C. § 12-47-24 Penitentiary inmates may be restrained

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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…

N.D.C.C. § 12-47-25 Punishment for infraction may be alleviated

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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 man…

N.D.C.C. § 12-47-26 Uniform kindly treatment of inmates

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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 ca…

N.D.C.C. § 12-47-31 Discharge of offenders

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1. The department of corrections and rehabilitation, in coordination with the department of transportation, shall facilitate a process for offenders applying for photo identification, including a driver's license, nondriver identification card, temporary driver's license, or temp…

N.D.C.C. § 12-47-34 Escapes from director's custody - Director may offer reward for recapture - Payment of reward - Use of firearms

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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 me…

N.D.C.C. § 12-47-36 Records exempt - Confidential - Exceptions

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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 exe…

N.D.C.C. § 12-47-37 Transporting of prisoners

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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…

N.D.C.C. § 12-47-39 Definitions - Health care for chronically or terminally ill offenders - Notice to health care facility

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1. As used in this section: a. "Chronically ill" has the same meaning as in section 26.1-33.2-01. b. "Department" means the department of corrections and rehabilitation. c. "Health care facility" means an assisted living facility as defined in section 23-09-01, a basic care facil…

N.D.C.C. § 12-47-40 Restrooms and shower rooms exclusively for males or exclusively for females

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1. At the penitentiary, a restroom or shower room accessible by multiple inmates at the same time must be designated for use exclusively for males or exclusively for females. 2. At the penitentiary, a restroom or shower room designated for one sex may be used only by members of t…