Title 12, Corrections, Parole, and Probation

The director of the department of corrections and rehabilitation shall establish rules and regulations relating to the care, treatment, employment, and management of all offenders committed to the legal and physical custody of the department.

The director of the department of corrections and rehabilitation and the warden of the penitentiary shall attempt to employ all offenders committed to the legal and physical custody of the department in maintaining the penitentiary and penitentiary grounds, in carrying on the wor…

1. The director of the department of corrections and rehabilitation may establish and engage in prison industries the director deems necessary and which are of greatest benefit to and in the best interest of the state of North Dakota, the department, and offenders committed to th…

Prison industry is authorized to trade, barter, and exchange merchandise, equipment, and services with any state agency if such is in the best interest of the prison industry and approved by the director of the department of corrections and rehabilitation.

Roughrider industries may establish its own operating fund in the Bank of North Dakota. Interest earned on the roughrider industries' operating fund shall be deposited in the state general fund. Roughrider industries may use its own manufacturing accounting system and must report…

Inmate labor may be used by the state in carrying on farming and ranching operations, or in any industry established at the penitentiary, and the state may dispose of the products of the farming and ranching enterprises. The industry products may be disposed as provided in sectio…

The warden, under the direction of the director of the department of corrections and rehabilitation, shall procure the machinery, tools, and equipment necessary to carry on and conduct the work and industries of the penitentiary. Procurement must be made by the warden according t…

Offenders who work at the penitentiary or in its prison industries shall receive compensation in an amount to be determined by the warden and approved by the director of the department of corrections and rehabilitation within the limits of legislative appropriations for that purp…

1. The warden of the penitentiary shall keep an account for each inmate. Not more than fifty percent of an inmate's penitentiary earnings, as provided by penitentiary rules, must be withheld from an inmate and deposited in a separate account for the inmate and may not be made ava…

The money in a prisoner's penitentiary or Bank of North Dakota two-signature account or any property belonging to a prisoner who escapes or violates the prisoner's parole shall be forfeited and used to pay the expense of the prisoner's apprehension and capture. Any of the prisone…

Any money which has been earned by any inmate and credited to his account shall be transferred to the general fund in the state treasury if such money is not claimed within one year after the inmate earning it has been released from the penitentiary unless the law makes other spe…

The warden, with the approval of the director of the department of corrections and rehabilitation, shall institute and maintain a uniform system of fines and restitution for violation of department rules and when an offender causes personal injury or property damage. The warden m…

The division of juvenile services with the approval of the director of the department of corrections and rehabilitation may provide a juvenile aftercare program and other treatment and rehabilitation programs and may contract with public and private agencies to provide services f…

No aftercare program may be provided for any person committed to the North Dakota youth correctional center or placed under the guardianship, control, and custody of the superintendent, unless the superintendent recommends the program to the director of the division of juvenile s…

A person placed in an aftercare program must be under the guardianship and control of the director of the division of juvenile services and is subject, at any time until the expiration of the time for which the person was committed, to be taken into actual custody and returned to…

The officer or employee executing an order of the director of the division of juvenile services for the apprehension and return of a person to the North Dakota youth correctional center shall endorse on the order a return of the officer's doings thereunder and deliver the same, t…

The fee of any officer, except an officer or employee of the North Dakota youth correctional center, executing an order of the director of the division of juvenile services for the apprehension and return of a person to the North Dakota youth correctional center must be the same …

The director of the division of juvenile services may discharge any student from the North Dakota youth correctional center at any time upon satisfactory evidence of reformation and as a reward for good conduct and diligence in study. If the student has no parent, guardian, or ot…

The state parole board consists of six members, who must be qualified electors of the state, appointed by the governor for terms of three years, arranged so that the terms of two members must expire on December thirty-first of each year. One of the members must be a person experi…

The governor shall appoint a member of the parole board to be chairman. The chairman of the parole board shall designate three members of the parole board for each meeting of the parole board. Meetings of the parole board must be held in accordance with rules established by the p…

The board shall formulate rules and regulations governing the manner in which inmates may become eligible for discharge on parole.

All parole records of the department of corrections and rehabilitation obtained in the discharge of official duty by any member of the parole board or employee of a division or department of the department of corrections and rehabilitation on behalf of the parole board may not be…

Every inmate's eligibility for parole must be reviewed in accordance with the rules adopted by the parole board. The board shall consider all pertinent information regarding each inmate, including the circumstances of the offense, the presentence report, the inmate's family, educ…

The board may issue process requiring the presence of any person or officer before it, with or without books and papers, in any matters pending before said board. If any such person or officer disobeys the order of the board, the chairman, or acting chairman, of such board may ap…

The parole board may grant parole to an inmate if the board is convinced the inmate will conform to the terms and conditions of parole the board or the department of corrections and rehabilitation may establish for the inmate. The department of corrections and rehabilitation may …

If an inmate, including an inmate whose sentence is subject to sections 12.1-32-02.1 and 12.1-32-09.1, and an inmate sentenced under subsection 1 of section 12.1-32-01, has a serious or terminal medical condition, the parole board may grant the inmate a medical parole. An inmate …

All inmates sentenced to the legal and physical custody of the department of corrections and rehabilitation are subject to the jurisdiction of the parole board, except when parole for the inmate is prohibited by statute.

The department of corrections and rehabilitation shall provide written notice to the district court and state's attorney's office in the county or counties where judgment of conviction was entered against the inmate when the parole board is reviewing whether an inmate may be rele…

The board may reconsider its action in granting a parole to any individual at any time before the individual has been released and finally discharged from the penitentiary, a local correctional facility, a federal correctional facility, or a correctional facility of another state…

The parole board may cause any person who has been paroled under the provisions of this chapter to be given psychiatric evaluation or to be transferred to the state hospital for diagnosis and disposition according to such conditions as may be prescribed by the board.

1. When it is alleged that a parolee has violated any of the terms or conditions of parole established by the parole board or by the department of corrections and rehabilitation, the director of the department of corrections and rehabilitation may issue a warrant for the arrest o…

Any person knowing that another person is on parole, or on probation, who willfully causes such parolee or probationer to violate the terms or conditions of the parolee's or probationer's parole or probation is guilty of a class A misdemeanor.

Orders of the board are not reviewable except as to compliance with the terms of this chapter or subsection 3 or 4 of section 12.1-32-02.

1. Probation and parole officers have the power of a peace officer: a. For the purpose of enforcing probation and parole laws; and b. To enforce the law, conduct investigations, and make arrests for violations of the law on or within any premises under the control of the departme…

The parole board shall establish parole expiration dates in all parole cases. The parole board may not establish an initial parole expiration date that is earlier than the expiration date of the parolee's court-imposed sentence, less sentence reduction received under chapter 12-5…

The parole board may authorize participation in the twenty-four seven sobriety program as an intermediate sanction or condition of parole.

A bureau of the state government, under the attorney general, is hereby created and is designated as the bureau of criminal investigation, hereinafter referred to as the bureau.

The attorney general shall act as superintendent of the bureau and shall have the responsibility of and shall exercise absolute control and management of the bureau. The attorney general shall appoint and fix the salary of a chief of the bureau, such special agents, and such othe…

The attorney general shall provide the bureau with necessary furniture, fixtures, apparatus, appurtenances, appliances, materials, and equipment as the attorney general deems necessary for the collection, filing, and preservation of all records required by law to be filed with th…

1. The bureau shall cooperate with and assist the criminal bureau of the department of justice at Washington, D.C., and similar departments in other states in establishing and carrying on a complete system of criminal identification. 2. The bureau shall cooperate with and assist …

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…