Title 12 — Corrections, Parole, and Probation
76 chapters · 247 sections in this title.
N.D.C.C. § 12-59-01 State parole board - Membership
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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 experi…
N.D.C.C. § 12-59-02 Meetings - Compensation - Rules
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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 p…
N.D.C.C. § 12-59-03 Supplies - Regulations governing parole
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The board shall formulate rules and regulations governing the manner in which inmates may become eligible for discharge on parole.
N.D.C.C. § 12-59-04 Parole records - Inspection
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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…
N.D.C.C. § 12-59-05 Consideration by board
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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, educ…
N.D.C.C. § 12-59-06 General powers of board
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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 ap…
N.D.C.C. § 12-59-07 Requirements precedent to parole
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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 …
N.D.C.C. § 12-59-08 Medical paroles
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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 …
N.D.C.C. § 12-59-09 Inmates subject to jurisdiction of parole board
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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.
N.D.C.C. § 12-59-10 Notice of parole review
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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 rele…
N.D.C.C. § 12-59-11 Posting of notice of application in certain cases
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Repealed by S.L. 1973, ch. 116, § 41.
N.D.C.C. § 12-59-12 Board may reconsider action
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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…
N.D.C.C. § 12-59-13 Indeterminate sentence - Release of prisoner to parole
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Repealed by S.L. 1973, ch. 116, § 41.
N.D.C.C. § 12-59-13.1 Indeterminate sentence - Board to determine maximum sentence
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Repealed by S.L. 1973, ch. 116, § 41.
N.D.C.C. § 12-59-14 Psychiatric evaluation - Transfer to state hospital
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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.
N.D.C.C. § 12-59-15 Breach of parole - Hearings - Order of recommitment
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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 o…
N.D.C.C. § 12-59-16 Execution of order of recommitment - Fees and payment thereof
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Repealed by S.L. 1997, ch. 116, § 10.
N.D.C.C. § 12-59-17 Causing parolee or probationer to violate parole or probation - Penalty
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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.
N.D.C.C. § 12-59-18 Orders not reviewable - Exception
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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.
N.D.C.C. § 12-59-19 Reports of board and governor
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Repealed by S.L. 1977, ch. 116, § 9.
N.D.C.C. § 12-59-20 Probation and parole officers as peace officers
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1. Probation and parole officers have the power of a peace officer: a. For the purpose of enforcing probation and parole laws; and b. To enforce the law, conduct investigations, and make arrests for violations of the law on or within any premises under the control of the departme…
N.D.C.C. § 12-59-21 Establishment and modification of parole expiration dates
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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 12-5…
N.D.C.C. § 12-59-22 Twenty-four seven sobriety program
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The parole board may authorize participation in the twenty-four seven sobriety program as an intermediate sanction or condition of parole.