Title 12 — Corrections, Parole, and Probation
76 chapters · 247 sections in this title.
N.D.C.C. § 12-63-01 Definitions
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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 e…
N.D.C.C. § 12-63-01.1 Peace officer standards and training board - Membership - Duties
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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 e…
N.D.C.C. § 12-63-02 License required
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An individual may not perform peace officer law enforcement duties in this state unless the individual is licensed as required in this chapter.
N.D.C.C. § 12-63-02.1 Part-time peace officer license
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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 iss…
N.D.C.C. § 12-63-02.2 Tribal police officers
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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 requi…
N.D.C.C. § 12-63-02.3 Reserve peace officer - License
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1. Except as otherwise provided in this section, all provisions of this chapter apply to licensed reserve peace officers. 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 cha…
N.D.C.C. § 12-63-03 Persons and practices not affected
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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 …
N.D.C.C. § 12-63-04 Board - Powers - Duties - Authority
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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: a. Prescribe the criteria for certification of basic, advanced, and sp…
N.D.C.C. § 12-63-05 Fees
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The board shall prescribe by rule the fee for application for examination, for an initial license, for renewal of a license, for suspension of a license, for reinstatement of a license after revocation, for a duplicate license, for a late sidearm qualification, for late instructo…
N.D.C.C. § 12-63-06 Application for license
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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…
N.D.C.C. § 12-63-07 Examination for license
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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 per…
N.D.C.C. § 12-63-09 Limited license
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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 perfor…
N.D.C.C. § 12-63-10 Issuance of license
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The board shall issue a license to any person who meets the requirements of this chapter and who has paid the prescribed license fee.
N.D.C.C. § 12-63-11 Renewal of license
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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 boar…
N.D.C.C. § 12-63-13 Notice and hearing on adverse license action
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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 adve…
N.D.C.C. § 12-63-14 Penalty
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Any person who willfully violates this chapter is guilty of a class B misdemeanor.
N.D.C.C. § 12-63-15 Temporary suspension - Appeal
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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: a. A peace officer has violated this chapter or a rule of the board; b. Continued performance of peace officer law e…
N.D.C.C. § 12-63-16 Costs of prosecution - Disciplinary proceedings
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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…