Title 12, Corrections, Parole, and Probation
76 chapters · 217 sections in this title.
N.D.C.C. § 12-55.1-03 Pardon advisory board meetings - Rules
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If the governor appoints a pardon advisory board, the pardon advisory board may adopt rules necessary to govern its proceedings, including the time and place of meetings of the board. The governor may call meetings of the pardon advisory board as the governor deems necessary to c…
N.D.C.C. § 12-55.1-04 Governor may remit fines and grant commutations, pardons, and reprieves
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The governor has the power to remit fines and grant commutations, reprieves, pardons, and conditional pardons after judgment of conviction. If the governor grants a conditional pardon, the pardon must state the terms and conditions of the pardon. The governor shall sign every com…
N.D.C.C. § 12-55.1-05 Pardon clerk - Duties
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The director of the department of corrections and rehabilitation or the director's designee shall serve as the pardon clerk under this chapter. The pardon clerk shall: 1. Maintain a register of all applications filed for commutation, reprieve, pardon, conditional pardon, or remis…
N.D.C.C. § 12-55.1-06 Application for commutation, reprieve, pardon, conditional pardon, or remission of fine
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An application for commutation, reprieve, pardon, conditional pardon, or remission of fine must be made with the pardon clerk on a form prescribed by the clerk and in accordance with any rules adopted under this chapter.
N.D.C.C. § 12-55.1-07 Notice of application
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The pardon clerk shall provide written notice of an application for a commutation, reprieve, pardon, conditional pardon, or remission of fine to the district court and the state's attorneys in the county or counties where the judgment of conviction was entered against the applica…
N.D.C.C. § 12-55.1-08 Governor may reconsider action
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If the governor has granted an application for a commutation, reprieve, conditional pardon, or remission of fine and the applicant is still in custody in any correctional facility, the governor may reconsider the decision any time before the applicant is released from the correct…
N.D.C.C. § 12-55.1-09 Statements of judge and state's attorney
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The judge and the state's attorney may make any recommendations that may be of assistance to the governor, pardon advisory board, or parole board in considering the person's case. The judge before whom any person has been convicted of a felony and the state's attorney of the coun…
N.D.C.C. § 12-55.1-10 Duty of court reporter and clerk of court
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The court reporter, at the direction of the judge or state's attorney, shall prepare the official statements of the judge and state's attorney. The clerk of court with whom the statements are filed shall attach a copy of the statements to the criminal judgment. The clerk shall pr…
N.D.C.C. § 12-55.1-11 Records
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The records of an applicant for commutation, reprieve, pardon, conditional pardon, or remission of fine are subject to section 12-47-36. The pardon clerk may permit the inspection of an application for a commutation, reprieve, pardon, conditional pardon, or remission of fine; the…
N.D.C.C. § 12-60.1-01 Definitions
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As used in this chapter: 1. "Closed" means subject to examination only by a clerk of court, a judge of the court, the juvenile commission, a criminal justice agency, the defendant, the defendant's counsel, a state's attorney, or any person upon written order of a judge of the cou…
N.D.C.C. § 12-60.1-02 Grounds to file petition to seal criminal record
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1. An individual may file a petition to seal a criminal record if: a. The individual pled guilty to or was found guilty of a misdemeanor offense and the individual has not been convicted of a new crime for at least three years before filing the petition; b. The individual pled gu…
N.D.C.C. § 12-60.1-03 Petition to seal criminal record
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1. A petition to seal a criminal record must be filed in the existing criminal case for the offense. 2. Subject to redaction requirements in rule 3.4 of the North Dakota Rules of Court, a petition must include: a. The petitioner's full name and all other legal names or aliases th…
N.D.C.C. § 12-60.1-04 Hearing on petition
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1. The court may grant a petition to seal a criminal record if the court determines by clear and convincing evidence: a. The petitioner has shown good cause for granting the petition; b. The benefit to the petitioner outweighs the presumption of openness of the criminal record; c…
N.D.C.C. § 12-60.1-05 Closing nonconviction records
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1. If a court enters an order of nonconviction on or after August 1, 2025, the court shall close the court record upon the expiration of sixty-one days. 2. The defendant may file a petition to the court to have the court record closed if the court entered an order of nonconvictio…
N.D.C.C. § 12-67.1-01 Definition
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As used in this chapter, "deflection process" means a procedure for facilitating an assessment, service, or treatment in lieu of incarceration, criminal charges, or unnecessary admissions to the emergency department if a peace officer or first responder is directed to intervene w…
N.D.C.C. § 12-67.1-02 Individual with a behavioral health condition - Assistance - Medical care
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A peace officer, as defined under section 12-63-01, may transport or refer an individual to a local hospital, detoxification center, community behavioral health center, or other appropriate treatment facility. A tier 1b mental health professional, as defined under section 25-01-0…
N.D.C.C. § 12-67.1-03 Deflection process - Regional authority and planning
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1. A local government, law enforcement agency, or other first responder agency may establish a deflection process in partnership with one or more licensed providers of behavioral health services or substance use disorder treatment services, subject to the provisions of this secti…