Title 54 — State Government

The purpose of the department of corrections and rehabilitation is: 1. To develop a statewide correctional philosophy that will provide direction, goals, and standards for corrections. 2. To provide for the care, custody, discipline, training, and treatment of persons committed t…

The chief administrative officer of the department is the director of the department of corrections and rehabilitation, who must be appointed by the governor. The position of director is not a classified position and the director shall serve at the pleasure of the governor. The p…

The director of the department of corrections and rehabilitation has the following powers and duties: 1. To manage and control all institutions and programs within the department and to administer and enforce the laws with which the department is charged. 2. To promote a unified …

The director of the department of corrections and rehabilitation with the approval of the governor may appoint a director of the division of juvenile services, a director of the division of adult services, and other division directors and personnel as deemed necessary for the eff…

The director of the department of corrections and rehabilitation shall determine the salary of each division director within the limits of legislative appropriations and within the salary range of the classified position as established by North Dakota human resource management se…

Notwithstanding subsection 6 of section 44-04-18.1 and except as required under subsection 1 of section 44-04-18.11, records relating to the department of corrections and rehabilitation's internal investigations are exempt if: 1. The records could reasonably be used to identify v…

The department of corrections and rehabilitation may lease land under the jurisdiction of the department for the purpose of the construction and operation of a prerelease center. Subsection 12 of section 54-23.3-04 does not apply to the lease authorized by this section. The lease…

Repealed by S.L. 2017, ch. 373, § 4. 54-23.3-10. Community behavioral health program - Reports to legislative management and governor. 1. The department of corrections and rehabilitation shall establish and implement a community behavioral health program to provide comprehensive …

The department of corrections and rehabilitation has the authority to supervise a defendant while the defendant is participating in a prosecution-led, or pretrial diversion program under section 11-16-16 or rule 32.2 of the North Dakota Rules of Criminal Procedure, or any other p…

1. The department of corrections and rehabilitation shall establish a prosecution-led diversion supervision program as a pilot project in three counties in the state during the biennium beginning July 1, 2025, and ending June 30, 2027. 2. Beginning July 1, 2025, the department sh…

1. The department of corrections and rehabilitation may refuse to admit inmates sentenced to the physical custody of the department when the admission of inmates will exceed the maximum operational capacity of the penitentiary and its affiliated facilities and result in the depar…

1. The department of corrections and rehabilitation, with contracts through the department of health and human services and through the implementation of the community behavioral health program, shall allow faith-based organizations to provide services to individuals who need add…

For purposes of education and community outreach and to promote public trust, the director of the department of corrections and rehabilitation may permit a nonmember of the department of corrections and rehabilitation to participate in job shadowing activities, including: 1. Part…

1. If the department of corrections and rehabilitation is beyond capacity and denies the admission of an inmate sentenced to the physical custody of the department, the department may use local jails or correctional facilities and negotiate the terms of the agreement with each fa…

1. The department of corrections and rehabilitation shall establish a task force on housing to address barriers to accessing housing for probationers, parolees, and other individuals released from the custody of the department. The housing task force must include representation f…

1. The department of corrections and rehabilitation, in cooperation with the behavioral health division of the department of health and human services, representatives from each judicial district, and representatives from the adult services division, including parole and probatio…

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Bodily injury" means any harm that requires medical treatment and results in economic loss and includes pregnancy and nervous shock. 2. "Claimant" means a victim, a dependent of a deceased victi…

The division shall award compensation for economic loss arising directly from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for compensation have been met.

The division may not make an award of any kind under this chapter to a victim convicted of a crime and injured while confined in a jail, prison, or other correctional facility.

1. In addition to its other powers and duties, the division shall: a. Establish and maintain a principal office and other necessary offices within this state, appoint employees and agents as necessary, and prescribe the duties and compensation of the employees and agents. b. Adop…

The division may accept on behalf of the state all restitution funds, gifts, grants, or bequests of property tendered to the state for any purpose pertaining to the activities of the division in implementing this chapter. The crime victims restitution and gift fund is established…

1. An applicant for an award of compensation shall apply in writing in a form that conforms substantially to that prescribed by the division. If a resident of this state is a victim of criminally injurious conduct, but the criminally injurious conduct occurred outside the geograp…

After an informal hearing on the papers submitted, at which the claimant need not be present, the division may accept, deny, or reduce a claim or set it for rehearing. If a claim is reduced or denied by the division, the claimant may request a rehearing or appeal the decision. Th…

1. There is no privilege, except privileges arising from the attorney-client relationship, as to communications or records relevant to an issue of the physical, mental, or emotional condition of the victim in a proceeding under this chapter in which that condition is an element. …

If a person refuses to comply with an order under this chapter or asserts a privilege, except privileges arising from the attorney-client relationship, to withhold or suppress evidence relevant to a claim, the division may make any just order including denial of the claim, but ma…

1. An award may be made whether or not any person is prosecuted or convicted. Proof of conviction of a person whose acts give rise to a claim is conclusive evidence that the crime was committed, unless an application for rehearing, an appeal of the conviction, or certiorari is pe…

The division shall determine and award reasonable attorney's fees, commensurate with services rendered, to be paid by the state to the attorney representing the claimant if the claimant prevails after a petition for reconsideration or rehearing under section 28-32-40 from an orde…

1. If compensation is awarded, the division is subrogated to all the claimant's rights to receive or recover benefits or advantages, for economic loss for which and to the extent only that compensation is awarded, from a source that is, or, if readily available to the claimant, w…

1. The division may provide for the payment of an award in a lump sum or in installments. The part of an award equal to the amount of economic loss accrued to the date of the award must be paid in a lump sum. An award for allowable expense that would accrue after the award is mad…

If the division determines that the claimant will suffer financial hardship unless a tentative award is made, and it appears likely that a final award will be made, an amount may be paid to the claimant which must be deducted from the final award or repaid by and recoverable from…

1. The division, on its own motion or on request of the claimant, may reconsider a decision making or denying an award or determining its amount. The division shall reconsider at least annually every award being paid in installments. An order on reconsideration of an award may no…

The division shall prepare and transmit biennially to the governor and the legislative assembly a report of its activities, including a brief description of the facts, the amount of compensation awarded in each case, and a statistical summary of claims and awards made and denied.

Juvenile or law enforcement records obtained under chapter 27-20.4 may be released to the parties, their counsel, and representatives of the parties in proceedings before the division and must be sealed at the conclusion of the proceedings. All other records of the division conce…

Any claimant who knowingly makes a false claim, or a false statement in connection with any claim, is guilty of a class A misdemeanor. In addition to any other penalties provided by law, the claimant who violates this section forfeits any compensation paid under this chapter and …

The Interstate Library Compact is hereby enacted into law and entered into by this state with all states legally joining therein in the form substantially as follows: ARTICLE I - POLICY AND PURPOSE Because the desire for the services provided by libraries transcends governmental …

No city, township, or county of this state may be party to a library agreement which provides for the construction or maintenance of a library pursuant to subdivision g of subsection 3 of Article III of the compact, nor pledge its credit in support of such a library, or contribut…

As used in the compact, "state library agency", with reference to this state, means the state library.

An interstate library district lying partly within this state may claim and be entitled to receive state aid in support of any of its functions to the same extent and in the same manner as such functions are eligible for support when carried on by entities wholly within this stat…

The governor shall appoint an officer of this state who must be the compact administrator pursuant to Article X of the compact. The governor shall also appoint one or more deputy compact administrators pursuant to said article.

In the event of withdrawal from the compact the governor shall send and receive any notices required by subsection 1 of Article XI of the compact.

Public libraries eligible to receive financial aid under this chapter are limited to those public libraries that: 1. Apply to the state library for such financial aid. 2. Are established and operated in accordance with chapter 40-38. 3. Participate in the North Dakota network for…

Grants to eligible public libraries must be in accordance with the following formula: 1. One dollar, or a percentage thereof, for each person residing in the city or county operating or providing financial support for the public library, as determined by the latest official feder…

"Other public funds", as used in sections 54-24.2-03 and 54-24.2-05, means moneys appropriated for public library services by the governing body of the political subdivision providing public library services under chapter 40-38 in addition to the mill levy made for public library…

Repealed by S.L. 2023, ch. 477, § 7.

The state librarian may recalculate and adjust each eligible public library grant formula based on a successful appeal by a public library determined to be ineligible. Within thirty days after notification from the state librarian of a public library's ineligibility to receive gr…

To provide for increased local funding, public libraries eligible to receive funds under section 54-24.2-02 shall have the funds allocated to them modified in accordance with the following formula: Cities levying 8.00 or more mills 150 percent of allocation 6.00 - 7.99 mills 125 …

Repealed by S.L. 2007, ch. 466, § 2.

For public libraries operated by cities, funds granted under this chapter may not exceed thirty-three percent of the total expenditure of mill levy moneys and other public funds during the preceding year. For public libraries operated by counties, funds granted under this chapter…

Funds appropriated under this chapter may be expended by public libraries for the purchase of library materials, supplies and equipment, salaries of library staff, and services. No funds may be used for land acquisition, construction, or investment. Each public library receiving …

Expired under S.L. 2007, ch. 467, § 2.