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Northern Mariana Islands Statutes, Title 6

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Northern Mariana Islands/Statutes

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Title 6, Crimes and Criminal Procedure

52 chapters · 594 sections in this title.

All chapters in Title 6594 Ch 1, Preliminary Provisions194 Ch 2, General Principles of Responsibility105 Ch 3, Inchoate Crimes105 Ch 4, Hate Crimes56 Ch 6, Firearm Owner's Identification Card Act40 Ch 9, Sale and Transfer of Firearms and Am…38 Ch 5, Transition27 Ch 8, Firearm Vendor Licensing21 Ch 7, Firearm Registration3 Ch 11, Miscellaneous3 Ch 10, Firearm Waiting Period Act2

594 sections·Filtered byTitle 6✕

6 CMC § 4202 Board of Parole: Tenure
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Board of Parole: Tenure. The members of the board shall serve for six years, except that of the members first appointed, two shall serve for two years, two shall serve for four years and four shall serve for six years. A board member may be removed from the board if, in the opini…
6 CMC § 4203 Board of Parole: Quorum
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Board of Parole: Quorum. Five members of the board shall constitute a quorum. The concurrence of four members is necessary to grant or revoke parole. Other acts of a preliminary or administrative nature may be performed by individual board members, as needed. Source: PL 1-8, ch. …
6 CMC § 4204 Board of Parole: Compensation
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Board of Parole: Compensation. Members of the board shall be compensated in accordance with 1 CMC § 8247. Source: PL 1-8, ch. 8, § 4; repealed and reenacted by PL 11-115, § 2. Commission Comment: See the comment to 6 CMC § 4201. PL 11-115, § 2 repealed and reenacted this section.…
6 CMC § 4205 Board of Parole: Duties
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Board of Parole: Duties. The Board of Parole shall have the power and duty: (a) To establish eligibility criteria for parole; (b) To conduct parole hearings; (c) To establish reasonable conditions of parole and rules and regulations regarding supervision of persons placed on paro…

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6 CMC § 4206 Board of Parole: Rules and Regulations

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Board of Parole: Rules and Regulations. The board shall adopt rules and regulations not inconsistent with law with respect to eligibility for parole, the conduct of parole hearings and meetings, conditions to be imposed upon parolees, revocation of parole and re-parole after revo…

6 CMC § 4207 Board of Parole: Staff

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Board of Parole: Staff. The Board of Parole may employ staff, including a Chief Parole Officer and any other staff as necessary to assist it in performing its duties and responsibilities, subject to budgetary appropriation. Parole officers shall have the power of arrest of person…

6 CMC § 4251 Pardons

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Pardons. As vested by N.M.I. Const. art. III, § 9(c), the Governor shall, after consultation with the Board of Parole, have the clemency power to grant reprieves, commutations and pardons after convictions to any person for all offenses except impeachments. A “reprieve” shall pos…

6 CMC § 4252 Parole

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Parole. The Board of Parole, acting pursuant to applicable Commonwealth laws and the rules and regulations of the Board of Parole, shall have the power to grant parole to any person convicted of felony offense under this title or prior law, after the person has completed at least…

6 CMC § 4281 Parole Supervision: Assessment Fee Program

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Parole Supervision: Assessment Fee Program. There is hereby established in the Office of the Board of Parole, under the supervision of the Board of Parole, a Parole Supervision Assessment Fee Program to be administered by the Chief Parole Officer, or other person designated by th…

6 CMC § 4282 Parole Supervision: Fee

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Parole Supervision: Fee. There is hereby established a Parole Supervision Fee of $30.00 per month per parolee to defray costs of supervision. The payment of the supervision fee shall be imposed as a condition of parole. Source: PL 14-33, § 4.

6 CMC § 4283 Waiver of Fees

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Waiver of Fees. On request of a parolee, the Board of Parole may, in its discretion and as it deems appropriate, waive all or part of a parolee’s supervision fee. In addition, or alternatively, the Board of Parole, at its discretion and as it deems appropriate, may allow or order…

6 CMC § 4284 Condition of Parole

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Condition of Parole. Parole supervision fees shall be imposed as an additional condition of parole, in accordance with the provisions of this Act which shall be applicable to all parolees, including those currently on parole supervision. Source: PL 14-33, § 6.

6 CMC § 4285 Establishment of Special Account

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Establishment of Special Account. The Secretary of the Department of Finance shall establish a Special Account for “Parole Supervision Fees,” and shall deposit all funds collected by this Act into that Special Account. The Secretary of Finance or designee shall submit an Annual F…

6 CMC § 4286 Distribution of Funds

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Distribution of Funds. Funds collected by this Act shall be allotted as follows: (a) Ninety percent shall be allotted to the Board of Parole to defray supervision costs, rehabilitation and other costs associated in enforcing and strengthening the parole conditions. Ten percent sh…

6 CMC § 4287 Fiscal Year Limitations

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Fiscal Year Limitations. All funds collected by this Act shall remain available until expended. Source: PL 14-33, § 9.

6 CMC § 4288 Expenditure: Authority

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Expenditure: Authority. The Chief Parole Officer or other person designated by the Board of Parole, with the concurrence of the Chairman of the Board of Parole, shall have the expenditure authority. Source: PL 14-33, § 10.

6 CMC § 4291 Short Title

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Short Title. This Article may be cited as the Adult Diversion Act. Source: PL 15-46, § 9 (4150), modified. Commission Comment: PL 15-46 was enacted on January 29, 2007, and contained, among other enactments (1 CMC § 2204, 6 CMC §§ 4105, 4109, 4113, and 9101(a)), a short title, fi…

6 CMC § 4292 Purpose

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Purpose. The purposes of the Adult Diversion Act are to divert from the Court’s caseload the uncontested cases of certain eligible first-time offenders who are likely to benefit from a community-based rehabilitation program, so that the Court may give more prompt and efficient at…

6 CMC § 4293 Definitions

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Definitions. As used in this Article, the certain terms and phrases have the following meaning, unless the context clearly indicates otherwise: (a) “Adult Diversion Program” means a special supervision program allowing the Attorney General’s Office to divert, prior to the entry o…

6 CMC § 4294 Adult Diversion Program: General Provisions

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Adult Diversion Program: General Provisions. There is hereby established an Adult Diversion Program, to be administered by the Commonwealth Superior Court’s Office of Probation. The Office of Probation shall promulgate guidelines, program rules and regulations, in accordance with…

6 CMC § 4295 Adult Diversion Program: Eligibility Criteria

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Adult Diversion Program: Eligibility Criteria. (a) Eligibility for the Adult Diversion Program is a privilege, not an entitlement. A person’s suitability for referral or acceptance into the Program is entirely within the discretion of the Criminal Division and the Office of Adult…

6 CMC § 4296 Program Content

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Program Content. If an eligible person is accepted into the Program, the person shall be subject to the supervision of the Office of Probation under the terms and conditions set out in the Diversion Agreement. The Diversion Agreement may include any of the terms and conditions th…

6 CMC § 4297 Diversion Agreement

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Diversion Agreement. (a) As a condition of an otherwise eligible person’s participation in the Diversion Program, the person shall be required to enter into an agreement with the Office of Probation. Prior to signing the agreement, the person must fully cooperate with the Probati…

6 CMC § 4298 Program Completion

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Program Completion. (a) Upon satisfactory completion of the requirements of the Program, the Office of Adult Probation shall provide notice to the Criminal Division of the Attorney General’s Office. The Criminal Division shall thereupon file a notice of dismissal with the Court, …

6 CMC § 6201 Searches and Seizures in Connection With Arrests

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Searches and Seizures in Connection With Arrests. (a) Every person making an arrest may take from the person arrested all offensive weapons which the arrested person may have about his or her person and may also search the person arrested and the premises where the arrest is made…

6 CMC § 6202 Forcing Entrance to Make Arrest

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Forcing Entrance to Make Arrest. Whenever it is necessary to enter a building or ship to make an arrest and entrance is refused, any person making an arrest for a felony committed in his or her presence or a police officer making an arrest may force an entrance. Before breaking a…

6 CMC § 6203 Entering Building or Ship to Execute Search Warrant

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Entering Building or Ship to Execute Search Warrant. If a building or ship or any part thereof is designated as the place to be searched, the police officer executing the warrant may enter without demanding permission if the officer finds the building or ship open. If the buildin…

6 CMC § 6204 Motion for Return of Property and to Suppress Evidence

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Motion for Return of Property and to Suppress Evidence. A person aggrieved by an unlawful search and seizure may make a motion in court for the return of the property and to suppress for use as evidence anything so obtained. The motion shall be made before trial or hearing unless…

6 CMC § 6205 Sale of Perishable Property

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Sale of Perishable Property. Seized property which is perishable may be ordered sold and the proceeds brought into court. Source: 12 TTC § 113.

6 CMC § 6206 Effect of Irregularities in Proceedings to Issue Search Warrant

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Effect of Irregularities in Proceedings to Issue Search Warrant. The proceedings before a court or an official authorized to issue a search warrant may not be invalidated, nor any finding, order, or sentence set aside for any error or omission, technical or otherwise, occurring i…

6 CMC § 9201 Definitions

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Definitions. (a) For purpose of this Act, “criminal justice information” is defined to include the following: (1) “Correctional and release information” means reports on individuals compiled in connection with criminal proceedings including bail orders, pretrial or post-trial rel…

6 CMC § 9202 Establishment of a Criminal Justice Information System Network

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Establishment of a Criminal Justice Information System Network. Every criminal justice agency shall develop, maintain, and establish a criminal justice information system which contains criminal justice information. Each criminal justice agency as defined in this Act shall be par…

6 CMC § 9203 Information Excluded from Coverage

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Information Excluded from Coverage. (a) Chronologically organized initial records of arrest maintained at police station, such as “police blotters” and “incident reports,” if such records are not indexed or accessed by name and if they are permitted by law or long-standing custom…

6 CMC § 9204 Correctional and Release Information

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Correctional and Release Information. Correctional and release information shall be available only to: (a) Criminal justice agencies for criminal justice purposes and to the extent necessary for the performance of duty; or (b) The record subject or his attorney if authorized by f…

6 CMC § 9205 Segregation of Intelligence and Investigative Information

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Segregation of Intelligence and Investigative Information. Criminal intelligence and investigative information shall be physically and electronically segregated from other types of criminal justice information. Personnel from a criminal justice agency shall access such criminal i…

6 CMC § 9206 Direct Access to Criminal Justice Information

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Direct Access to Criminal Justice Information. (a) Direct access to criminal justice information systems shall be limited to authorized personnel of a Criminal Justice Agency as defined in this Act. Each agency shall establish standard operating procedures to establish security l…

6 CMC § 9207 Use of Criminal Justice Information By Criminal Justice Agencies

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Use of Criminal Justice Information By Criminal Justice Agencies. Criminal justice information shall be used by government agencies and criminal justice agencies for criminal justice employment purposes and by criminal justice agencies for other criminal justice purposes under ag…

6 CMC § 9208 Access By Individual for Purpose of Challenge

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Access By Individual for Purpose of Challenge. (a) Any individual who satisfactorily verifies his identity and complies with applicable criminal justice agency rules and regulations shall be permitted, in person or through counsel, to review and obtain a copy of any criminal hist…

6 CMC § 9209 Maintenance, Dissemination and Use of Criminal Intelligence and Investigative Information

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Maintenance, Dissemination and Use of Criminal Intelligence and Investigative Information. (a) Criminal justice information files shall be reviewed by each criminal justice agency at periodic intervals and, at a minimum, each agency shall determine if the grounds for retaining th…

6 CMC § 9210 Positive Identification of Record Subject

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Positive Identification of Record Subject. (a) Except as permitted in Section 9209, criminal justice information, except criminal intelligence and investigative information, shall be available only on the basis of positive identification of an individual by means of fingerprints …

6 CMC § 9211 Security

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Security. Each criminal justice agency shall adopt operational procedures reasonably designed to: (a) Ensure the physical security of criminal justice information in its custody and to prevent the unauthorized disclosure of such information; (b) Ensure that when criminal justice …

6 CMC § 9212 Accuracy and Completeness

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Accuracy and Completeness. Each criminal justice agency shall maintain criminal history record information in such a manner as to ensure that the criminal history record information is accurate and complete, and shall adopt the following policies and procedures, which are reasona…

6 CMC § 9213 Dissemination of Criminal Justice Information to Noncriminal Justice Requesters

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Dissemination of Criminal Justice Information to Noncriminal Justice Requesters. (a) All criminal justice information in the possession or control of a criminal justice agency shall be disclosed pursuant to court order. (b) All criminal justice information in the possession or co…

6 CMC § 9214 Sealing and Purging of Criminal History Record Information

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Sealing and Purging of Criminal History Record Information. The Legislature may provide for statutory exemptions to allow for the sealing and purging of criminal history record information. A criminal justice agency may only seal or purge criminal history record information autho…

6 CMC § 9215 Fees

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Fees. Criminal justice agencies are authorized to charge fees for searching for, the maintenance of and/or making available, criminal justice information for noncriminal justice purposes such as employment background checks, and such fees shall be in an amount which approximates,…

6 CMC § 9216 Audits

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Audits. (a) Every criminal justice agency maintaining criminal justice record information shall periodically audit their own criminal justice information systems and shall also be subject to periodic audits by the Criminal Justice Planning Agency Supervisory Council to ensure com…

6 CMC § 9217 Funding and Expenditure Authority

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Funding and Expenditure Authority. Funding for the criminal justice information systems network shall be appropriated by the Legislature as part of the budget for the Criminal Justice Planning Agency or its successor entity. Expenditure authority shall be the executive director o…

6 CMC § 9218 Rule-Making Authority

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Rule-Making Authority. The Criminal Justice Planning Agency and each criminal justice agency as defined in this Act are authorized to promulgate regulations to carry out the administrative and legal mandate of this Act. Source: PL 13-53, § 3 (118), modified. Commission Comment: S…

6 CMC § 9219 Penalty

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Penalty. It is a violation of this Act for a person to: (a) Knowingly access criminal justice information without authorization which is punishable by a fine of not more than $1,000 or not more than one year imprisonment or both. (b) Knowingly disseminate criminal justice informa…

6 CMC § 10301 Unlawful discharge of firearm

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Unlawful discharge of firearm. (a) Except as otherwise permitted by law, including legitimate self-defense, no firearm shall be discharged or set off in the Commonwealth without a special written permit from the Department of Public Safety issued pursuant to Department regulation…