Title 12 — Corrections, Parole, and Probation

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…

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…

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…

1. A report of a missing person may be made to any law enforcement agency in the state. The law enforcement agency may not refuse to accept a missing person report solely on the basis that: a. The missing person is an adult; b. The circumstances do not indicate foul play; c. The …

1. When possible, the law enforcement agency shall inform the person making the report, a family member of the missing person, or other person who may be in a position to assist the law enforcement agency regarding the agency's efforts to locate the missing person about general i…

1. If the official with custody of the human remains is not a coroner or medical examiner, the official promptly shall transfer the unidentified remains to the coroner or medical examiner to examine human remains for the purpose of identification of the human remains. 2. A corone…

To provide guidance to law enforcement agencies in the state, the attorney general shall develop a procedures manual, consistent with this chapter, relating to the investigation of missing person cases. The attorney general shall distribute the manual to law enforcement agencies.

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. 2. "Adult lockup" means a secure temporary-hold nonresidential facility …

1. Each correctional facility shall comply with state and local fire, sanitation, safety, and health codes. 2. The administrator of a correctional facility, to ensure adequate fire protection, shall install firefighting equipment at appropriate locations throughout the correction…

The administrator of each correctional facility shall: 1. Formulate an operations manual, available to all correctional facility staff, which delineates the written policies and procedures for operating and maintaining the correctional facility. 2. Review and update all policies …

An administrator or correctional facility staff member receiving lump sum monthly payments for providing inmate meals shall submit an itemized account of the meal expenses to the governing body of the correctional facility. Any amount of the monthly payment in excess of the itemi…

1. The department of corrections and rehabilitation shall, following inspection pursuant to section 12-44.1-24, grade correctional facilities as to length of allowable inmate confinement based upon construction, size, and usage, as follows: a. "Grade one" means a correctional fac…

Grade two and grade three correctional facilities do not need to provide outdoor recreation areas or exercise rooms separate from dayrooms. Correctional facilities may allow contact visitation subject to the safety, security, and administration requirements of the correctional fa…

Expired under S.L. 2003, ch. 666, § 11.

Expired under S.L. 2005, ch. 43, § 13.

The following persons may be confined in a correctional facility: 1. Persons charged with offenses or ordered by a court to be detained for trial. 2. Persons committed by a court to confinement in order to secure their attendance as witnesses at the trial of any criminal cause. 3…

1. The governing body of a correctional facility, in cooperation with law enforcement, state's attorneys, and the judiciary in the judicial district in which the correctional facility is located, shall develop an inmate population plan to prioritize admissions and inmate retentio…

1. Grade one correctional facilities may contract for the confinement of offenders in the custody of the department of corrections and rehabilitation if sufficient room is not available at the penitentiary, for purposes of safety, security, discipline, medical care, or when the d…

Each correctional facility shall adopt a classification system for inmates to provide for the security, safety, and order of the correctional facility and for the safety and security of the community. If the correctional facility has adopted a classification system approved by th…

Detained witnesses and persons held in custody awaiting arraignment or trial may not be restricted in their activities to any extent greater than required to maintain order and security and to assure appearance at arraignment or trial. Witnesses and pretrial detainees shall not b…

When an inmate is confined by virtue of any process directed to the administrator and the process requires a return to the court from which it was issued, the administrator shall keep a copy of the process with the return made thereon. The copy, certified by the administrator, is…

A written, itemized inventory of all personal property taken from an inmate at the time of admission shall be made by correctional facility staff. The property, including money and other valuables, shall be secured and the inmate given a receipt for all property to be held until …

1. Inmates shall be supervised on a twenty-four-hour basis by trained correctional facility staff. 2. Correctional facility staff shall be located in proximity to inmate living areas to permit the staff to hear and respond promptly to calls for help. 3. Each correctional facility…