Title 12, Corrections, Parole, and Probation

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.

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.

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.

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 investig…

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 s…

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.…

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.

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 histo…

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 mon…

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 t…

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 …

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 misdeme…

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 reque…

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 histor…

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."

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 a…

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 benefi…

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 forwa…

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.

The bureau shall maintain a registry of all orders of which it receives notice under sections 11-15-32 and 12.1-31.2-02 and chapter 14-07.7.

1. a. 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 per…

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 runawa…

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 scho…