Title 12, Corrections, Parole, and Probation

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…

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…

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 de…

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 ce…

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 wit…

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.

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…

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…

An individual may not perform peace officer law enforcement duties in this state unless the individual is licensed as required in this chapter.

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…

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…

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…

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 …

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…

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…

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…

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…

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…

The board shall issue a license to any person who meets the requirements of this chapter and who has paid the prescribed license fee.

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…

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, …

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…

Any person who willfully violates this chapter is guilty of a class B misdemeanor.

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…

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…

The interstate compact for adult offender supervision is entered with all jurisdictions legally joining the compact in the form substantially as follows: ARTICLE I - PURPOSE 1. The compacting states to this interstate compact recognize that each state is responsible for the super…

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 det…

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 an…

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 violati…

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 su…

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 hea…

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…

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 offende…

This interstate compact for juveniles is entered with all jurisdictions legally joining the compact in the form substantially as follows: ARTICLE I - PURPOSE The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or re…

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 dev…

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 wh…

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 …

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…