N.D. Cent. Code § 12-55.1-11 — ND Code / Title 12 / Chapter 12-55.1 / Section 12-55.1-11
12-55.1-11. Records
Status: in_force

12-55.1-11. Records

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

recommendations of the pardon advisory board, if any; and the decision of the governor,

including any decision made after reconsideration or after proceedings for revocation.
N.D. Cent. Code § 12-48-19 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-19
12-48-19. Disposition of earnings of inmate who has no dependent relatives when more than fifty dollars in temporary aid account
Status: repealed

12-48-19. Disposition of earnings of inmate who has no dependent relatives when

more than fifty dollars in temporary aid account.

Repealed by S.L. 1975, ch. 111, § 6.
N.D. Cent. Code § 12-44.1-04 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-04
12-44.1-04. Administration - Organization - Management
Status: in_force

12-44.1-04. Administration - Organization - Management

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 and procedures in the operations manual at least

annually.

3. Specify an administrator in the operations manual to whom all correctional facility staff

are responsible. The operations manual shall include the administrator's duties,

responsibilities, and authority for the management of the correctional facility staff,

inmates, programs, and physical plant.

4. Ensure that correctional facility staff who work in direct and continuing contact with

inmates receive correctional facility training as determined and approved by the peace

officer standards and training board.
N.D. Cent. Code § 12-44.1-27 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-27
12-44.1-27. Corrective action - Enforcement
Status: repealed

12-44.1-27. Corrective action - Enforcement

Repealed by S.L. 2007, ch. 110, § 6.
N.D. Cent. Code § 12-44.1-10 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-10
12-44.1-10. Detained witnesses and pretrial detainees
Status: in_force

12-44.1-10. Detained witnesses and pretrial detainees

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 be

required to do labor other than keeping their living areas clean nor shall they be required to

participate in correctional facility programs.
N.D. Cent. Code § 12-59-20 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-20
12-59-20. Probation and parole officers as peace officers
Status: in_force

12-59-20. Probation and parole officers as peace officers

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 department of corrections

and rehabilitation.

2. Probation and parole officers shall provide assistance to and receive assistance from

other law enforcement officers in securing and jailing probation and parole violators

and other offenders and in preventing and controlling of criminal activity.

3. Probation and parole officers may supervise sexually dangerous individuals released

to community placement on an outpatient basis in accordance with section 25-03.3-24.
N.D. Cent. Code § 12-48-03.2 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-03.2
12-48-03.2. Prison industry authorized to trade, barter, and exchange merchandise, equipment, and services
Status: in_force

12-48-03.2. Prison industry authorized to trade, barter, and exchange merchandise,

equipment, and services.

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.
N.D. Cent. Code § 12-44.1-29 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-29
12-44.1-29. Provision of medication - Training requirements - Verification - Rules
Status: in_force

12-44.1-29. Provision of medication - Training requirements - Verification - Rules

1. A correctional facility may authorize an employee to provide medication to an inmate of

a correctional facility if the employee is:

a. Licensed or registered under title 43 and is providing the medication within the

scope of practice of the profession for which the individual is licensed or

registered; or

b. A correctional facility staff member who has successfully completed a medication

assistant I training and competency evaluation program approved by the

department of health and human services under chapter 23-44. The requirements

for a medication assistant I training and competency evaluation program must be

met, except for the requirement a correctional facility staff member must be a

nurse aide or certified nurse aide on the department registry prior to entry into the

medication assistant I training and competency evaluation program or following

successful completion of the program.

2. If a correctional facility uses a correctional facility staff member to provide medication

to an inmate under subdivision b of subsection 1:

a. Upon successful completion of the department-approved medication assistant I

training and competency evaluation program, the correctional facility staff

member may provide medication administration to inmates consistent within the

scope and limitations of medication administration included in the medication

assistant I training and competency evaluation program; and

b. The correctional facility shall maintain records of all correctional facility staff

members who have successfully completed the department-approved medication

assistant I training and competency evaluation program, including verification of

successful completion of the program. The department may periodically review

the correctional facility's records to assure compliance with medication assistant I

training and competency evaluation requirements.
N.D. Cent. Code § 12-47-22 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-22
12-47-22. Discipline of inmates - Confinement in cells - Communication
Status: in_force

12-47-22. Discipline of inmates - Confinement in cells - Communication

Inmates of the penitentiary shall be confined in separate cells at night whenever there are

sufficient cells. No communication shall be allowed between inmates of the penitentiary and

persons without the penitentiary except under the supervision prescribed by the rules and

regulations of the penitentiary. No person, without the consent of the warden, shall bring into or

carry out of the penitentiary any writing or information to or from an inmate.
N.D. Cent. Code § 12-46-13 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-13
12-46-13. Who may be sent to North Dakota youth correctional center - Court procedure
Status: in_force

12-46-13. Who may be sent to North Dakota youth correctional center - Court

procedure.

Whenever a district court finds an offender under eighteen years of age guilty of a crime and

commits the offender to the custody of the department of corrections and rehabilitation, the

department may transfer the offender to the North Dakota youth correctional center; however,

the department shall first transfer the offender to the North Dakota youth correctional center if

the offender is under sixteen years of age. The department may allow an offender who is

between eighteen years of age and twenty years of age to remain at the North Dakota youth

correctional center if the department determines that it is in the best interests of the department

and the offender and it is not contrary to safety interests of the other residents or the general

public. The department shall transfer an offender who has attained twenty years of age to an

adult correctional facility. An offender placed by the department at the North Dakota youth

correctional center under this section has all the rights to sentence reduction for good and

meritorious conduct and all the pardon and parole rights of an adult committed to the legal and

physical custody of the department.
N.D. Cent. Code § 12-46-10.1 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-10.1
12-46-10.1. Disciplinary committee - Members - Duties
Status: in_force

12-46-10.1. Disciplinary committee - Members - Duties

The administrator shall appoint a disciplinary committee, including one cottage supervisor

and one member of the professional staff. The committee shall hear charges of violations of

North Dakota youth correctional center rules and regulations and recommend to the

administrator what disciplinary action, if any, should be administered. The committee shall

maintain records of its actions. These records are subject to review by the director of the

department of corrections and rehabilitation, the attorney general, or any legislative committee

upon request.
N.D. Cent. Code § 12-48.1-02 — ND Code / Title 12 / Chapter 12-48.1 / Section 12-48.1-02
12-48.1-02. Conditions of eligibility for release programs
Status: in_force

12-48.1-02. Conditions of eligibility for release programs

1. An offender, except an offender sentenced to a penalty of life imprisonment without the

opportunity for parole as the result of conviction of a class AA felony under section

12.1-20-03 or of murder under section 12.1-16-01, may be eligible for programs

outside facilities under the control of the department of corrections and rehabilitation

when the department determines the offender is not a high security risk, not likely to

commit a crime of violence, and is likely to be rehabilitated by such program. An

offender may apply to the director of the department for permission to participate in

such programs.

2. The director of the department may authorize participation in outside programs for an

offender who has ten years or less remaining on a sentence and has been committed

to the legal and physical custody of the department. The parole board, with the

approval of the director of the department, may authorize participation in outside

programs for offenders who have more than ten years remaining on a sentence and

have been committed to the legal and physical custody of the department.

3. The offender shall submit a signed application which must include a statement that the

offender agrees to abide by all terms and conditions of the particular plan adopted for

the offender, and must include such other information as the parole board or the

director of the department may require.

4. The parole board may approve, disapprove, or defer action on an application approved

by the director of the department. The director of the department or the parole board

may revoke approval of the application at any time after granting the application. The

department shall prescribe rules of conduct and treatment for all offenders on release

programs.

5. The director of the department may grant short leaves, not to exceed seventy-two

hours, to offenders who have been committed to the legal and physical custody of the

department for ten years or less. The parole board, upon the approval of the director of

the department, may grant short leaves, not to exceed seventy-two hours, to offenders

committed to the legal and physical custody of the department for more than ten years.

6. All rules adopted by the parole board and the director of the department relating to

release programs and short leaves must conform, to the extent allowable by law, with

executive order no. 11755 issued by the President of the United States.
N.D. Cent. Code § 12-48-22 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-22
12-48-22. Fines and restitution for misconduct of offender
Status: in_force

12-48-22. Fines and restitution for misconduct of offender

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

may deduct the fine or restitution from any funds credited to an offender's penitentiary account

or Bank of North Dakota two-signature account.
N.D. Cent. Code § 12-67-04 — ND Code / Title 12 / Chapter 12-67 / Section 12-67-04
12-67-04. Consent of the participant
Status: in_force

12-67-04. Consent of the participant

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

monitoring devices by securing the written consent of the participant in the program and

ensuring that the approved electronic devices be minimally intrusive upon the privacy of the

participant and other individuals residing in the residence.
N.D. Cent. Code § 12-44.1-08 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-08
12-44.1-08. Confinement of state and federal inmates
Status: in_force

12-44.1-08. Confinement of state and federal inmates

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 department of corrections and rehabilitation determines it may be in the

best interests of the offender or the department of corrections and rehabilitation.

2. A correctional facility to which a person is sent or committed by legal process issued

by or under the authority of the United States shall receive such person into custody

for safe detention until discharged under federal law.

3. A correctional facility detaining or confining federal inmates is entitled to compensation

in accordance with fee schedules established by the United States.

4. A grade one or grade two correctional facility may be used for the detention of a

fugitive from justice in accordance with any act of Congress or the laws of another

state. The correctional facility is entitled to reasonable compensation from the officer or

jurisdiction regaining custody of the fugitive.
N.D. Cent. Code § 12-48-09 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-09
12-48-09. Manufacture of coffins at the penitentiary
Status: repealed

12-48-09. Manufacture of coffins at the penitentiary

Repealed by S.L. 1965, ch. 108, § 1.
N.D. Cent. Code § 12-60-07.1 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-07.1
12-60-07.1. Automated biometric data identification system
Status: in_force

12-60-07.1. Automated biometric data identification system

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.
N.D. Cent. Code § 12-45-01 — ND Code / Title 12 / Chapter 12-45 / Section 12-45-01
12-45-01. Inquest required
Status: in_force

12-45-01. Inquest required

If a person confined in the penitentiary or the North Dakota youth correctional center dies,

the warden or superintendent immediately shall notify the coroner of Burleigh County or Morton

County, as the case may be, or when there is a vacancy in the office, or the coroner is absent or

unable to act, the state forensic examiner. The coroner or the state forensic examiner so notified

immediately shall take possession of the body of the deceased and remove the body from the

penitentiary or North Dakota youth correctional center and retain the body for at least

twenty-four hours, and shall hold an inquest thereon and inquire carefully into the cause of the

deceased's death, in the manner provided by law in cases of persons supposed to have died by

unlawful means. No officer or employee of the penitentiary or North Dakota youth correctional

center may be placed or permitted to serve on the jury at the inquest.
N.D. Cent. Code § 12-44.1-06.2 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-06.2
12-44.1-06.2. Female inmates in grade one correctional facilities
Status: in_force

12-44.1-06.2. Female inmates in grade one correctional facilities

Expired under S.L. 2003, ch. 666, § 11.
N.D. Cent. Code § 12-55.1-03 — ND Code / Title 12 / Chapter 12-55.1 / Section 12-55.1-03
12-55.1-03. Pardon advisory board meetings - Rules
Status: in_force

12-55.1-03. Pardon advisory board meetings - Rules

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 carry out the board's duties.
N.D. Cent. Code § 12-47-36 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-36
12-47-36. Records exempt - Confidential - Exceptions
Status: in_force

12-47-36. Records exempt - Confidential - Exceptions

1. The case history records of the department of corrections and rehabilitation or its

divisions or departments relating to persons in the custody or under the supervision

and management of the division of adult services of the department of corrections and

rehabilitation are exempt records as defined in section 44-04-17.1. Upon application to

the district court, with service of the application on the department of corrections and

rehabilitation and opportunity for the department to submit a written response, the

court may order the inspection of a case history record unless there is a showing by

the department of corrections and rehabilitation that a proper and legitimate reason

exists for denying inspection of the case history record. If the court issues an order

allowing inspection, the court shall allow the department of corrections and

rehabilitation to remove all identifying information that may create a risk of harm to

property or to any person. As used in this section, "case history record" means any

record of a person in the custody or under the supervision and management of the

division of adult services of the department of corrections and rehabilitation except for

medical, psychological, and treatment records and legal files. The term includes

inmate disciplinary proceedings, administrative and disciplinary segregation

placements, institutional and criminal investigation reports, supervision histories, job

placements, education programs, inmate financial accounts under section 12-48-15,

and protective management cases.

2. The medical, psychological, and treatment records of the department of corrections

and rehabilitation or its divisions or departments relating to persons in the custody or

under the supervision and management of the division of adult services of the

department of corrections and rehabilitation are confidential, and may not be disclosed

directly or indirectly to any person, organization, or agency, except as otherwise

provided in this section. A district court may order the inspection of medical,

psychological, and treatment records, or parts of those records, upon application to the

court and a showing that there is a proper and legitimate purpose for the inspection of

the records, with service of the application on the department of corrections and

rehabilitation and opportunity for the department of corrections and rehabilitation to

submit a written response.

3. Notwithstanding any other provisions of law relating to privilege or confidentiality,

except for the confidentiality requirements of federal drug and alcohol treatment and

rehabilitation laws, the following persons, organizations, or agencies without prior

application to the court may inspect case history, medical, psychological, or treatment

records:

a. The governor;

b. The pardon advisory board, if the governor has appointed a pardon advisory

board;

c. The parole board;

d. Any division, department, official, or employee of the department of corrections

and rehabilitation;

e. Another state receiving a parolee or probationer under the provisions of chapter

12-65;

f. A federal, state, regional, or county correctional facility receiving physical custody

of a person under the legal custody of the department of corrections and

rehabilitation;

g. The employees in the office of the attorney general and investigators,

consultants, or experts retained by the state;

h. The risk management division of the office of management and budget for the

purpose of investigating and defending actions or claims under chapter 32-12.2;

i. The district court of the county where the judgment of conviction was entered;

j. A state or federal court where a person who is or was in the custody or under the

supervision and management of the adult services division of the department of

corrections and rehabilitation has commenced litigation and, the parties, their

counsel, and representatives of the parties in proceedings, if the records are

relevant to the litigation and the subject of the records has signed an

authorization;

k. A criminal justice agency as defined in section 44-04-18.7;

l. The United States social security administration and veterans administration; or

m. A state, federal, or tribal agency that evaluates sex offenders for civil commitment

or assesses sex offender risk level for registration.

4. Records with respect to the person's identity, location, legal files except records under

court seal, criminal convictions, or projected date of release, except for the records of

a person who is under protective management, are open records.

5. Medical, psychological, or treatment records may be disclosed without prior application

to the court to a public hospital or treatment facility, the department of health and

human services, a community behavioral health program, a vocational rehabilitation

program, a transitional living facility, or a licensed private medical or treatment facility,

when necessary for the evaluation, treatment, or care of a person who is or who has

been in the custody of, or is or who has been under the supervision and management

of, the adult services division of the department of corrections and rehabilitation.

6. A criminal defendant's presentence investigation report, together with any attachment

or addendum, is subject to rule 32 of the North Dakota Rules of Criminal Procedure

and any amendments made thereto.

7. The parole board may permit the inspection of a person's preparole report, or parts of

the report, prepared for the parole board.

8. Any person, organization, or agency receiving exempt or confidential records under

this section shall maintain the closed or confidential nature of the records and may not

redisclose the records.

9. The department of corrections and rehabilitation shall maintain the confidentiality of

witness protection program records and legal files under seal.

10. The medical, psychological, and treatment records of the department relating to

persons in the custody or under the supervision and management of the division of

adult services of the department of corrections and rehabilitation may be disclosed for

the purpose of conducting research and educational activities. A person conducting

research or educational activities may not redisclose identifying information received

under this subsection.

11. Notwithstanding any other provision of law relating to privilege or confidentiality, except

for the confidentiality requirements of federal drug and alcohol treatment and

rehabilitation laws, if the department of corrections and rehabilitation approves, the

following individuals, organizations, or agencies without prior application to the court

may inspect case history, medical, psychological, or treatment records:

a. The emergency contact or next of kin of an adult in custody who has a serious or

terminal medical condition;

b. The guardian, conservator, or an individual with a medical power of attorney of an

adult in custody or adult under supervision;

c. If an adult in custody or former adult in custody provides written authorization, an

individual, organization, or entity assisting the adult in custody or former adult in

custody with social services, housing, behavioral health or medical services,

employment, education, child care, or transportation; and

d. The court.
N.D. Cent. Code § 12-44.1-12 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-12
12-44.1-12. Inmate personal property
Status: in_force

12-44.1-12. Inmate personal property

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 the

inmate's release unless the inmate requests a different disposition in writing. Upon release, the

items of inmate personal property shall be compared with the inventory list, and the inmate shall

sign a receipt for the property's return. If the inmate is released for transfer to another

correctional facility, the correctional officer transporting the inmate shall sign the receipt. The

releasing correctional facility shall maintain a copy of the property receipt for its files.
N.D. Cent. Code § 12-63-13 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-13
12-63-13. Notice and hearing on adverse license action
Status: in_force

12-63-13. Notice and hearing on adverse license action

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

adverse action, the board shall, at least ten days before the date set for the hearing, give written

notice to the subject of the adverse action of any charges made and shall afford that person an

opportunity to be heard in person or by counsel on the matter. The written notice may be served

by personal service or by registered mail. If service cannot be made by personal service or

registered mail, then service may be made by publication in the county of residence specified by

the person in the person's last communication with the board. At the time and place fixed in the

notice, the board shall conduct the hearing on the charges. Both the accused person and the

complainant are entitled to ample opportunity to present in person or by counsel, statements,

testimony, evidence, and argument pertinent to the charges or to any defense. The board may

continue the hearing from time to time.
N.D. Cent. Code § 12-63-04 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-04
12-63-04. Board - Powers - Duties - Authority
Status: in_force

12-63-04. Board - Powers - Duties - Authority

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 specialized peace

officer training curriculum, instructors, and schools;

b. Certify curriculum, instructors, schools, and officers that have met the training

certification criteria;

c. Establish the curriculum for basic and advanced peace officer training; and

d. Prescribe minimum standards of sidearm training and certification for peace

officers before they may carry a sidearm.

2. The board shall keep records and minutes necessary to carry out its functions. The

board may:

a. Issue subpoenas, examine witnesses, administer oaths, and investigate

allegations of practices violating the provisions of this chapter or rules adopted by

the board.

b. If the board deems an examination to be in the best interest of public safety,

require, with cause, any licensed peace officer complete a physical or

psychological examination, or both, by a psychologist, licensed physician, or

other qualified evaluation professional selected by the board to determine mental

and physical competency.

c. Examine and review any medical or psychological records, including test results

relative to the examination or treatment of the licensed police officer under

subdivision b. A written request from the board is legal authorization to release

medical and psychological information pertinent to peace officer licensure. The

medical or psychological information provided to the board is not subject to

section 44-04-18 and section 6 of article XI of the Constitution of North Dakota.

d. Examine, under oath, any applicant for licensing.

e. Examine, under oath, any licensed peace officer during a hearing to suspend,

revoke, or to not renew a license of a peace officer.

f. Adopt rules relating to the professional conduct of peace officers and to

implement the requirements of this chapter, including rules relating to

professional licensure, continuing education, and ethical standards of practice, for

persons holding a license to practice peace officer duties.

g. Expend funds to sponsor training for instruction of licensees, including up to fifty

thousand dollars annually from fees collected by the board.

3. The board shall adopt rules relating to the professional conduct of licensed peace

officers involved in confidential informant agreements under chapter 29-29.5, and shall

receive complaints and make determinations if an officer's conduct violated the

protections provided in chapter 29-29.5. Annually, the board shall conduct an audit

evaluating the effectiveness of confidential informant training requirements.

4. The board shall establish penalties and enforce violations of protections provided in

chapter 29-29.5. The penalties established must be formulated based on the nature,

severity, gravity, and recurrence of violations. The board may deny, suspend, or revoke

a license or may impose probationary conditions, including remedial training.

5. The board may issue certifications indicating whether law enforcement agencies

comply with requirements for grant funding purposes.
N.D. Cent. Code § 12-59-11 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-11
12-59-11. Posting of notice of application in certain cases
Status: repealed

12-59-11. Posting of notice of application in certain cases

Repealed by S.L. 1973, ch. 116, § 41.
N.D. Cent. Code § 12-60-04 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-04
12-60-04. Duty of board - Salaries
Status: repealed

12-60-04. Duty of board - Salaries

Repealed by S.L. 1971, ch. 141, § 1.
N.D. Cent. Code § 12-63-01.1 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-01.1
12-63-01.1. Peace officer standards and training board - Membership - Duties
Status: in_force

12-63-01.1. Peace officer standards and training board - Membership - Duties

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 enforcement training center, all members must be appointed by the attorney general and

serve staggered two-year terms. With the exception of the county government representative,

the city government representative, and the director of the law enforcement training center, a

member may not serve more than three consecutive terms. The attorney general shall also

appoint the chairman of the board. The office of attorney general shall provide support staff to

the board, including an employee to serve as the secretary of the board and as an ex officio

nonvoting member of the board.
N.D. Cent. Code § 12-54.1-01 — ND Code / Title 12 / Chapter 12-54.1 / Section 12-54.1-01
12-54.1-01. Sentence reduction
Status: in_force

12-54.1-01. Sentence reduction

Except as provided under section 12.1-32-09.1, an offender committed to the legal and

physical custody of the department of corrections and rehabilitation is eligible to earn sentence

reductions based upon performance criteria established through department and penitentiary

rules. Performance criteria includes participation in court-ordered or staff-recommended

treatment and education programs and good work performance. The department may credit an

offender committed to the legal and physical custody of the department who is eligible for

sentence reduction five days good time per month for each month of the sentence imposed. The

department may credit an offender with sentence reduction for time spent in custody before

sentencing and commitment to the legal and physical custody of the department. The

department may not credit an offender with any sentence reduction for time spent on probation

under the supervision and management of the department.
N.D. Cent. Code § 12-47-10 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-10
12-47-10. Officers and employees exempt from jury duty
Status: repealed

12-47-10. Officers and employees exempt from jury duty

Repealed by S.L. 1977, ch. 113, § 1.
N.D. Cent. Code § 12-47-12 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-12
12-47-12. Warden to make rules
Status: in_force

12-47-12. Warden to make rules

The warden, subject to the approval of the director of the department of corrections and

rehabilitation, shall make rules not in conflict with the laws of this state and shall prescribe

penalties for violation of the rules:

1. For the admission of visitors.

2. For the government of officers and employees of the penitentiary.

3. For the conduct of offenders imprisoned in the penitentiary.

A printed copy of the rules must be furnished to each offender imprisoned in the penitentiary at

the time of admission and to each official or employee of the penitentiary at the time of hire. Two

copies of the rules must be furnished to the state law library for the use of the state officials and

the public. The rules must be explained to an offender who cannot read English.
N.D. Cent. Code § 12-65-07 — ND Code / Title 12 / Chapter 12-65 / Section 12-65-07
12-65-07. Violation of compact - Penalty
Status: in_force

12-65-07. Violation of compact - Penalty

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

remain in this state without the permission of the compact administrator is guilty of a class C

felony. Within twenty-four hours after a law enforcement officer has notified an offender that the

offender may not remain within the state without the permission of the compact administrator,

the law enforcement officer shall report the notification to the designated officer. An offender

who is on parole or probation in another state may not remain in this state without the

permission of the compact administrator. In a prosecution for an offense under this section, an

offender's good-faith belief that the offender received permission to be present in this state is an

affirmative defense if the offender acted in reasonable reliance upon the written statements of

an authorized officer of this state or the state in which the offender is on parole or probation.

This defense is not available to a person who remains present in this state after being notified in

writing by the compact administrator that the offender does not have permission to be present.
N.D. Cent. Code § 12-47-03 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-03
12-47-03. Who may serve process within penitentiary
Status: repealed

12-47-03. Who may serve process within penitentiary

Repealed by S.L. 1999, ch. 114, § 3.
N.D. Cent. Code § 12-52-02 — ND Code / Title 12 / Chapter 12-52 / Section 12-52-02
12-52-02. Aftercare granted on recommendation of superintendent
Status: in_force

12-52-02. Aftercare granted on recommendation of superintendent

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 services and some suitable person will receive the person to be placed in the

aftercare program under conditions approved by the superintendent. Nothing in this chapter

prevents the placing of any person into the person's own home or into a licensed foster home

under any program administered by the department of health and human services.
N.D. Cent. Code § 12-44.1-02 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-02
12-44.1-02. Establishing correctional facilities - Correctional facility contracts - Regional corrections centers
Status: in_force

12-44.1-02. Establishing correctional facilities - Correctional facility contracts -

Regional corrections centers.

1. For the confinement of lawfully committed persons, the governing body of a county or

city shall:

a. Establish and maintain a correctional facility at county or city expense;

b. Contract for correctional facility services and use of correctional facilities with

another county or city that maintains a correctional facility or with the state or

federal government; or

c. Establish and maintain, pursuant to chapter 54-40 or 54-40.3 and this chapter, a

correctional facility in conjunction with other counties and cities.

2. Subject to the requirements of section 12-44.1-31, the governing body of a correctional

facility may contract with a state or a regional correctional center, county, or city of

another state for the confinement of lawfully committed state, county, or city inmates

from the other state.

3. The governing body of a correctional facility may contract with a state or a regional

correctional center, county, or city of another state for the confinement of lawfully

committed North Dakota inmates in a county, city, or regional correctional facility of

another state.

4. The governing body of a correctional facility may contract with another correctional

facility in this state for correctional services for purposes of safety, security, health and

medical reasons, or for correctional facility administration.

5. The governing body of a correctional facility may contract for the confinement of

inmates lawfully sentenced by a tribal court.

6. The governing body of a correctional facility may contract for correctional facility

services with a privately operated correctional facility. Contracts with private agencies

that provide correctional facility services may be entered into for up to seven years.
N.D. Cent. Code § 12-46-05 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-05
12-46-05. Oath of superintendent
Status: repealed

12-46-05. Oath of superintendent

Repealed by S.L. 2009, ch. 273, § 9.
N.D. Cent. Code § 12-62-04 — ND Code / Title 12 / Chapter 12-62 / Section 12-62-04
12-62-04. Qualified officers to be certified
Status: repealed

12-62-04. Qualified officers to be certified

Repealed by S.L. 1991, ch. 120, § 1.
N.D. Cent. Code § 12-68-02 — ND Code / Title 12 / Chapter 12-68 / Section 12-68-02
12-68-02. Notification and other action
Status: in_force

12-68-02. Notification and other action

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 information regarding the handling of the missing person case or

information regarding intended efforts in the case to the extent that the law

enforcement agency determines that disclosure would not adversely affect the

agency's ability to locate or protect the missing person or to apprehend or prosecute

any person criminally involved in the disappearance.

2. All DNA samples obtained in missing person cases must be forwarded immediately to

the state crime laboratory to perform a DNA analysis. The state crime laboratory shall

establish procedures for determining how to prioritize analysis of the samples relating

to missing person cases.

3. The law enforcement agency shall submit relevant information to the federal bureau of

investigation's violent criminal apprehension program as soon as is practicable.
N.D. Cent. Code § 12-60-11 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-11
12-60-11. Enforcement officers to send fingerprints and descriptions of felons to the bureau - Report of the bureau to arresting officer
Status: repealed

12-60-11. Enforcement officers to send fingerprints and descriptions of felons to the

bureau - Report of the bureau to arresting officer.

Repealed by S.L. 1987, ch. 162, § 12.
N.D. Cent. Code § 12-44.1-25 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-25
12-44.1-25. Inspection report - Notice of noncompliance - Hearing
Status: in_force

12-44.1-25. Inspection report - Notice of noncompliance - Hearing

1. The correctional facility inspector shall submit a written inspection report to the

administrator of the correctional facility and the director of the department of

corrections and rehabilitation within thirty days following each inspection.

2. The inspection report must specify when a correctional facility complies with, or is in

violation of, required minimum standards, applicable state or federal law, or the

department of corrections and rehabilitation rules for correctional facilities. If a

correctional facility is in violation of any required minimum standards, applicable state

or federal law, or department of corrections and rehabilitation rules for correctional

facilities, the director of the department of corrections and rehabilitation may issue an

order of noncompliance. The director shall identify the violation and required corrective

measures in the order of noncompliance and specify the time limits within which the

correctional facility shall correct the violations. The director shall consider the

magnitude or seriousness of the violations and their potential effects on the health and

safety of inmates, staff, law enforcement, and the public, the cost of correction, and

other information the director considers relevant in establishing the time period for the

correctional facility to correct the violations. If the director determines that the

violations are limited and minor, the director may issue a letter of noncompliance to the

correctional facility and identify the violations and required corrective measures and

the correctional facility shall immediately correct the violations.

3. The director of the department of corrections and rehabilitation may assess the

department's actual costs for inspection and monitoring the correctional facility upon

issue of an order of noncompliance to the correctional facility.

4. If a correctional facility fails to complete required corrective action within the time

specified in the order of noncompliance, the director of the department of corrections

and rehabilitation may issue an order for full, partial, or temporary closure of the

correctional facility. If the director determines that the extent of the noncompliance

presents a danger to the health and safety of inmates, staff, law enforcement, visitors,

or the public, the director may issue an order of immediate full, partial, or temporary

closure without a prior order of noncompliance.

5. Within thirty days after receipt of a notice or order of full, partial, or temporary closure,

the administrator of a correctional facility may request a review of the determination by

the department of corrections and rehabilitation pursuant to chapter 28-32. The review

must be heard not more than forty-five days following the request, unless the period is

extended at the request of the correctional facility. The department of corrections and

rehabilitation may direct the correctional facility to pay to the department the

reasonable and actual costs incurred by the department for any investigation and

proceedings under this section.
N.D. Cent. Code § 12-48-13 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-13
12-48-13. Use of receipts from sale of license plates and road signs
Status: repealed

12-48-13. Use of receipts from sale of license plates and road signs

Repealed by S.L. 1977, ch. 114, § 3.
N.D. Cent. Code § 12-59-04 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-04
12-59-04. Parole records - Inspection
Status: in_force

12-59-04. Parole records - Inspection

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 disclosed except in the manner provided under section 12-47-36. The decisions of

the parole board to grant or deny parole are open records.
N.D. Cent. Code § 12-44.1-23 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-23
12-44.1-23. Jail report
Status: repealed

12-44.1-23. Jail report

Repealed by S.L. 1997, ch. 113, § 29.
N.D. Cent. Code § 12-62-01 — ND Code / Title 12 / Chapter 12-62 / Section 12-62-01
12-62-01. Criminal justice training and statistics - Personnel - Purpose
Status: in_force

12-62-01. Criminal justice training and statistics - Personnel - Purpose

Criminal justice training and the collection of statistics must be conducted by the office of

attorney general. The office of attorney general shall conduct the training of peace officers and

sheriffs and gather, analyze, and disseminate information regarding the state's criminal justice

system.
N.D. Cent. Code § 12-63-10 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-10
12-63-10. Issuance of license
Status: in_force

12-63-10. Issuance of license

The board shall issue a license to any person who meets the requirements of this chapter

and who has paid the prescribed license fee.
N.D. Cent. Code § 12-47-17 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-17
12-47-17. Offenders committed to department of corrections and rehabilitation - Records to be kept
Status: in_force

12-47-17. Offenders committed to department of corrections and rehabilitation -

Records to be kept.

The department of corrections and rehabilitation shall receive any offender who has been

convicted and committed to the legal and physical custody of the department when the offender

has been delivered to the department together with a copy of the judgment and sentence of the

court ordering the commitment to the custody of the department. The warden, immediately upon

the receipt of an offender assigned by the department to the penitentiary, shall enter in the

record of the penitentiary, the name, age, sex, color, height, nationality, and every other fact,

characteristic, and condition, natural or artificial, that in any way may tend to aid in the

identification of the offender. After an intake, evaluation, and classification process, the

department shall assign the offender to the penitentiary, another correctional facility, or other

placement.
N.D. Cent. Code § 12-47-05 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-05
12-47-05. Officers of penitentiary
Status: in_force

12-47-05. Officers of penitentiary

The officers of the penitentiary include a warden, who is its general superintendent; at least

one deputy warden; and such other officers, agents, and employees as may be necessary. The

director of the division of adult services, with the concurrence of the director of the department

of corrections and rehabilitation, may appoint a warden for an affiliated facility of the

penitentiary. A warden of an affiliated facility of the penitentiary is under the supervision and

direction of the director of the division of adult services and has those powers and duties

established by the director of the division of adult services which are consistent with this

chapter, chapter 12-48, and chapter 12-48.1.
N.D. Cent. Code § 12-59-13.1 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-13.1
12-59-13.1. Indeterminate sentence - Board to determine maximum sentence
Status: repealed

12-59-13.1. Indeterminate sentence - Board to determine maximum sentence

Repealed by S.L. 1973, ch. 116, § 41.
N.D. Cent. Code § 12-67.1-01 — ND Code / Title 12 / Chapter 12-67.1 / Section 12-67.1-01
12-67.1-01. Definition
Status: in_force

12-67.1-01. Definition

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 with an individual with a behavioral health condition, including a substance use

disorder or mental health disorder, with or without the presence of criminal activity, unless the

criminal activity involves bodily injury to another human or damage to personal property.
N.D. Cent. Code § 12-60-25 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-25
12-60-25. Lost, missing, or runaway children
Status: in_force

12-60-25. Lost, missing, or runaway children

The bureau shall:

1. Implement a data exchange system to compile, to maintain, and to make available for

dissemination to North Dakota and to out-of-state law enforcement agencies,

descriptive information that can assist appropriate agencies in recovering lost, missing,

or runaway children through the national crime information center.

2. Establish contacts and exchange information regarding lost, missing, or runaway

children with the national crime information center.

3. Notify all enforcement agencies that reports of lost, missing, or runaway children must

be entered as soon as the minimum level of data specified by the bureau is available

to the reporting agency and that no waiting period for entry of such data exists. If the

enforcement agency is unable to enter the data, the bureau immediately upon

notification shall enter the information into the national crime information center file.

4. Compile and retain information regarding lost, missing, or runaway children in a

manner that allows the information to be used by law enforcement and other agencies,

considered appropriate by the bureau, for investigative purposes. The reporting law

enforcement agency is responsible for maintaining the disposition of the case.

5. Provide prompt confirmation of the receipt and entry of lost, missing, or runaway

children reports to the enforcement agency providing the report or to the parent,

guardian, or identified family member as provided in subsection 6.

6. Allow any parent, guardian, or identified family member to submit a lost, missing, or

runaway child report to the bureau which will be transmitted to the national crime

information center, if they are unable to receive services from the local law

enforcement agency.

7. Compile and maintain historical information relating to lost, missing, or runaway

children for all of the following purposes:

a. To develop and improve techniques utilized by law enforcement agencies when

responding to reports of lost, missing, or runaway children.

b. To provide a factual and statistical base for research which would address the

problem of lost, missing, or runaway children.
N.D. Cent. Code § 12-47-13 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-13
12-47-13. Warden to keep records
Status: in_force

12-47-13. Warden to keep records

The warden shall require that a daily record is kept of all transactions of the penitentiary.

The warden shall require that records are kept for inmate discipline, inmate grievances, and

staff discipline. The warden shall provide a report of the penitentiary to the director of the

department of corrections and rehabilitation upon the request of the director.
N.D. Cent. Code § 12-47-14 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-14
12-47-14. Deputy warden - Duties
Status: in_force

12-47-14. Deputy warden - Duties

Whenever there is a vacancy in the office of warden or the warden is absent, all the duties

of the warden shall devolve upon and be performed by the deputy wardens until the vacancy is

filled or the warden returns.
N.D. Cent. Code § 12-60.1-03 — ND Code / Title 12 / Chapter 12-60.1 / Section 12-60.1-03
12-60.1-03. Petition to seal criminal record
Status: in_force

12-60.1-03. Petition to seal criminal record

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 the petitioner has

used at any time;

b. The petitioner's addresses from the date of the offense until the date of the

petition;

c. Reasons why the petition should be granted;

d. The petitioner's criminal history in this state and any other state, federal court,

and foreign country, including:

(1) All prior and pending criminal charges;

(2) All prior and pending charges for which an imposition of sentence has been

deferred or stayed, or which have been continued for dismissal; and

(3) All prior requests by the petitioner with authorities in this state or another

state or federal forum for pardon, return of arrest records, expungement, or

sealing of a criminal record, whether granted or not.

3. The petitioner shall file a proposed order when filing a petition to seal a criminal

record.

4. A petition filed under this section must be served upon the prosecuting official as

provided by rule 49 of the North Dakota Rules of Criminal Procedure.
N.D. Cent. Code § 12-55.1-09 — ND Code / Title 12 / Chapter 12-55.1 / Section 12-55.1-09
12-55.1-09. Statements of judge and state's attorney
Status: in_force

12-55.1-09. Statements of judge and state's attorney

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 county in which the crime was committed may file with the clerk of court separate

official statements that may include:

1. The facts and circumstances constituting and surrounding the crime for which the

person was convicted.

2. The age of the person.

3. All available information regarding the person before the commission of the crime for

which the person was convicted.

4. All available information regarding the person's habits, associates, disposition, and

reputation.

5. All facts and circumstances that may indicate whether the person is capable of

becoming a law-abiding citizen.

6. The state's attorney's reasons for the recommended sentence and the court's reasons

for the sentence imposed.
N.D. Cent. Code § 12-55.1-10 — ND Code / Title 12 / Chapter 12-55.1 / Section 12-55.1-10
12-55.1-10. Duty of court reporter and clerk of court
Status: in_force

12-55.1-10. Duty of court reporter and clerk of court

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 provide to

the department the criminal judgment with the attached copy of the official statements.
N.D. Cent. Code § 12-47-01 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-01
12-47-01. Penitentiary - Location - Purpose
Status: in_force

12-47-01. Penitentiary - Location - Purpose

The penitentiary located at the city of Bismarck in the county of Burleigh is the general

penitentiary and prison of this state for the punishment and reformation of offenders against the

laws of this state. The director of the department of corrections and rehabilitation may establish

affiliated facilities at other locations throughout the state within the limits of legislative

appropriations. The department shall confine, employ, and govern all offenders committed to the

legal and physical custody of the department in the manner provided by law.
N.D. Cent. Code § 12-60-16.2 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-16.2
12-60-16.2. Criminal history record information - Reportable events
Status: in_force

12-60-16.2. Criminal history record information - Reportable events

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

the criminal justice agency to provide the information in a manner that the bureau determines to

be the most efficient or accurate means of collection. The following criminal justice agencies

shall perform the duties indicated:

1. Except as otherwise provided in this subsection, each criminal justice agency that

makes an arrest for a reportable offense shall, with respect to that offense and the

person arrested, furnish to the bureau the necessary biometric data, charges, and

descriptions of the person arrested. If the arrest is made by a criminal justice agency

that is a state law enforcement agency, then, on request of the arresting agency, a

sheriff or jail administrator shall collect the necessary biometric data. The arresting

agency shall then furnish the required information to the bureau. If a decision is made

not to refer the arrest for prosecution, the criminal justice agency making that decision

shall report the decision to the bureau. A criminal justice agency may make

agreements with other criminal justice agencies for the purpose of furnishing to the

bureau information required under this subsection.

2. The prosecuting attorney shall notify the bureau of all charges filed, including all those

added after the filing of a criminal court case, and whether charges were not filed in

criminal cases for which the bureau has a record of an arrest.

3. After the court pronounces sentence for a reportable offense, and if the necessary

biometric data of the person being sentenced has not been collected with respect to

that case, the prosecuting attorney shall ask the court to order a law enforcement

agency to collect the necessary biometric data from that person. If the court

determines that the necessary biometric data of the person being so sentenced has

not previously been collected for the same case, the court shall order the necessary

biometric data to be collected from that person. The law enforcement agency shall

forward the necessary biometric data to the bureau.

4. The prosecuting attorney having jurisdiction over a reportable offense shall furnish the

bureau all final dispositions of criminal cases for which the bureau has a record of an

arrest or a record of biometric data reported under subsection 3. For each charge, this

information must include at least the following:

a. Judgments of not guilty, judgments of guilty including the sentence pronounced

by the court, discharges, and dismissals in the trial court;

b. Reviewing court orders filed with the clerk of the court which reverse or remand a

reported conviction or which vacate or modify a sentence; and

c. Judgments terminating or revoking a sentence to probation and any resentencing

after such a revocation.

5. The North Dakota department of corrections and rehabilitation, pardon clerk, parole

board, and local correctional facility administrators shall furnish the bureau with all

information concerning the receipt, escape, death, release, pardon, conditional

pardon, reprieve, parole, commutation of sentence, or discharge of an individual who

has been sentenced to that agency's custody for any reportable offense which is

required to be collected, maintained, or disseminated by the bureau. In the case of an

escape from custody or death while in custody, information concerning the receipt and

escape or death must also be furnished.
N.D. Cent. Code § 12-65-02 — ND Code / Title 12 / Chapter 12-65 / Section 12-65-02
12-65-02. Custody and detention of offender for violation of terms and conditions of compact supervision - Hearing and waiver - Report to sending state
Status: in_force

12-65-02. Custody and detention of offender for violation of terms and conditions of

compact supervision - Hearing and waiver - Report to sending state.

1. Whenever it is alleged that an offender under compact supervision by the state has

violated any terms and conditions of supervision under the compact for the supervision

of adult offenders, the compact administrator may issue a warrant to take the offender

into custody and detain the offender and request that the sending state retake the

offender. The warrant must be entered into the national crime information center file

with nationwide extradition and no bond amount. If there is probable cause to believe

an offender has violated any of the terms or conditions of supervision under the

compact for the supervision of adult offenders, a parole and probation officer or any

peace officer directed by a parole and probation officer shall take the offender into

custody and detain the offender in a correctional facility pending application for a

warrant of arrest and authority to detain. The offender may not be released on bail

pending the probable cause hearing under this chapter. The offender is entitled to a

hearing to be held in accordance with this chapter within a reasonable time after being

taken into custody to determine whether there is probable cause to find that the

offender violated any of the terms and conditions of parole or probation while under

compact supervision. The offender may waive the hearing and admit there is probable

cause to find that the offender violated any of the terms and conditions of parole or

probation while under compact supervision. As soon as practical after the hearing or

waiver of the hearing, the compact administrator shall furnish a copy of the hearing

record and make a report to the sending state with findings of fact regarding the

violations of the terms and conditions of parole or probation while under compact

supervision and shall make recommendations regarding the disposition of the offender.

If it appears to the compact administrator that the sending state will retake the

offender, the compact administrator may detain the offender for a reasonable period

after the hearing or waiver in order for the sending state to arrange for retaking the

offender.

2. Whenever a receiving state that is supervising an offender for the state issues a

mandatory retaking of that offender, the parole board or the court with jurisdiction shall

issue a warrant. The warrant must be entered into the national crime information

center file with nationwide extradition and no bond amount. If requested by the state,

the receiving state shall establish probable cause when the offender is apprehended.
N.D. Cent. Code § 12-47-20 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-20
12-47-20. Beds and clothing of inmates
Status: repealed

12-47-20. Beds and clothing of inmates

Repealed by S.L. 1999, ch. 114, § 3.
N.D. Cent. Code § 12-47-40 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-40
12-47-40. Restrooms and shower rooms exclusively for males or exclusively for females
Status: in_force

12-47-40. Restrooms and shower rooms exclusively for males or exclusively for

females.

1. At the penitentiary, a restroom or shower room accessible by multiple inmates at the

same time must be designated for use exclusively for males or exclusively for females.

2. At the penitentiary, a restroom or shower room designated for one sex may be used

only by members of that sex.

3. The warden, a deputy warden, an officer, or an agent shall provide a reasonable

accommodation for an inmate, including a transgender or gender-nonconforming

inmate, as deemed appropriate by the warden.
N.D. Cent. Code § 12-60-16.4 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-16.4
12-60-16.4. Criminal history record information - Reportable offenses
Status: in_force

12-60-16.4. Criminal history record information - Reportable offenses

Criminal justice agencies shall report to the bureau reportable events for each felony and for

each of the following offenses:

1. Class A and B misdemeanor offenses in sections 6-08-16 and 6-08-16.1.

2. Class A misdemeanor offenses included in title 12.1.

3. Class A and B misdemeanor offenses in chapters 19-03.1, 19-03.2, and 19-03.4 and in

sections 12-47-21 and 20.1-01-18.

4. Class B misdemeanor offenses in sections 12.1-17-01, 12.1-17-01.2, 12.1-20-12.1,

12.1-21-05, 12.1-21-06, 12.1-22-03, 12.1-23-05, and 12.1-29-03.

5. Class A misdemeanor offenses in chapter 14-07.1 and sections 43-15.1-02,

51-16.1-04, and 53-06.1-16.

6. Class A misdemeanor offenses in title 62.1.

7. Municipal ordinance violations that are equivalent to misdemeanors listed in

subsections 1 through 6.

8. Infractions and misdemeanor violations of subdivision c of subsection 5 of section

39-24-09 and chapter 39-24.1.
N.D. Cent. Code § 12-44.1-20 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-20
12-44.1-20. Punishment of inmate
Status: in_force

12-44.1-20. Punishment of inmate

A correctional facility shall adopt rules for safety, security, discipline, and correctional facility

administration. If an inmate violates any of the rules of a correctional facility, the correctional

facility may impose disciplinary sanctions in accordance with its rules.
N.D. Cent. Code § 12-48-16 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-16
12-48-16. Disposition of earnings of inmate with dependents
Status: repealed

12-48-16. Disposition of earnings of inmate with dependents

Repealed by S.L. 1975, ch. 111, § 6.
N.D. Cent. Code § 12-45-05 — ND Code / Title 12 / Chapter 12-45 / Section 12-45-05
12-45-05. Burial of body
Status: in_force

12-45-05. Burial of body

The officer holding the inquest provided for in section 12-45-01 shall cause the body of the

deceased to be decently buried, or delivered to the relatives or friends of the deceased, if

demanded by them within twenty-four hours after the receipt of such body by the officer, or at

any time before its burial.
N.D. Cent. Code § 12-62-08 — ND Code / Title 12 / Chapter 12-62 / Section 12-62-08
12-62-08. Peace officers - Training
Status: repealed

12-62-08. Peace officers - Training

Repealed by S.L. 1991, ch. 120, § 1.
N.D. Cent. Code § 12-60-16.5 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-16.5
12-60-16.5. Criminal history record information - Exchange of information among criminal justice agencies and the courts
Status: in_force

12-60-16.5. Criminal history record information - Exchange of information among

criminal justice agencies and the courts.

The bureau and other criminal justice agencies shall disclose criminal history record

information:

1. To a criminal justice agency that requests the information for its functions as a criminal

justice agency or for use in hiring or retaining its employees.

2. To a court, on request, to aid in a decision concerning sentence, probation, release

pending trial or appeal, or a name change petition.

3. Pursuant to a judicial, legislative, or administrative agency subpoena issued in this

state.

4. As otherwise expressly required by law.
N.D. Cent. Code § 12-48-03 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-03
12-48-03. Manner of employing offenders
Status: in_force

12-48-03. Manner of employing offenders

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 work

of the industries established at the penitentiary or at other state institutions, in doing any work

necessary to be done in the erection, repair, or improvement of any of the state buildings,

including the executive mansion, and the grounds of such buildings, or in the construction and

improvement of the public highways of the state. The department may employ offenders in work

projects for county and local governmental agencies and subdivisions. The department shall

employ offenders when practicable in the work to which they are best adapted and in the work

that will make it possible for them to acquire skill so that they will be able to earn a livelihood

when they are paroled or discharged from the institution. The department may employ offenders

outside the yard of the penitentiary in cultivating and improving any ground belonging to the

department. The department must be held responsible for the escape of any offender

notwithstanding that such employment is outside the penitentiary if the escape is made possible

through the negligence of the department.
N.D. Cent. Code § 12-44.1-19 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-19
12-44.1-19. Removal of inmate in emergency not an escape
Status: in_force

12-44.1-19. Removal of inmate in emergency not an escape

If a correctional facility or any adjoining building shall be on fire or another emergency

occurs, and the inmates may be exposed to danger, the correctional facility staff shall remove

the inmates to a place of safety, and there confine them as long as necessary to avoid the

danger. The removal and confinement shall not be deemed an escape of such inmates.
N.D. Cent. Code § 12-60-13 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-13
12-60-13. Court to ascertain criminal record of defendant - Furnish information of offense to the bureau
Status: in_force

12-60-13. Court to ascertain criminal record of defendant - Furnish information of

offense to the bureau.

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

sheriffs, upon the request of the chief of the bureau or the attorney general, shall furnish to the

chief of the bureau a statement of facts relative to the commission or alleged commission of all

felonies within their respective counties upon such blanks or in such form as may be requested

by the chief of the bureau or the attorney general.
N.D. Cent. Code § 12-44.1-28 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-28
12-44.1-28. Correctional facility files and records confidentiality
Status: in_force

12-44.1-28. Correctional facility files and records confidentiality

1. The medical, psychological, and treatment records of an inmate are confidential and

may not be disclosed directly or indirectly to any person, organization, or agency,

except as provided in this section. A court may order the inspection of the records, or

parts of the records, upon an application to the court and a showing that there is a

proper and legitimate purpose for the inspection and the provision of written

authorization from the inmate for the inspection. Notwithstanding any other provision of

law relating to privilege or confidentiality, except for the confidentiality requirements of

federal drug and alcohol treatment and rehabilitation laws, medical, psychological, or

treatment records may be inspected by or disclosed to the following persons,

organizations, or agencies without prior authorization from the inmate or an order from

the court:

a. A criminal justice agency as defined in subsection 4 of section 44-04-18.7.

b. A division, department, official, or employee of the department of corrections and

rehabilitation.

c. A federal, state, regional, county, or municipal correctional facility receiving

physical custody of an inmate from the original correctional facility.

d. A municipal or district court.

e. The department of health and human services, a public hospital or treatment

facility, or a licensed private hospital or treatment facility.

2. a. A person, agency, or institution governed by statutory confidentiality requirements

and receiving information or records under this section shall maintain the

confidentiality requirements.

b. Except as provided in subdivision a, a person, organization, or agency receiving

confidential records under subsection 1 may not redisclose the records and must

maintain the confidentiality of the records.

3. The employment or work release status of an inmate is an open record.

4. Records with respect to inmate identification, charges, criminal convictions, bail

information, and intake and projected release dates are open records.

5. Records with respect to a sentenced inmate's institutional discipline and conduct and

protective management are exempt records as defined under section 44-04-17.1.

6. Institutional discipline and conduct and protective management records of all other

inmates are confidential records and may only be disclosed as provided in

subsection 1.
N.D. Cent. Code § 12-65-03 — ND Code / Title 12 / Chapter 12-65 / Section 12-65-03
12-65-03. Waiver of extradition
Status: in_force

12-65-03. Waiver of extradition

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 and

the identity of the offender before the officers may retake the offender back to the sending state.

All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived.

The decision of the sending state to retake an offender is conclusive upon and not reviewable

by this state. If the offender is alleged to have committed a criminal offense within this state, or if

there is any criminal charge pending against an offender in this state, and unless permission

has been obtained from the state's attorney in the county in which the criminal offense is alleged

to have occurred, the sending state may not retake the offender from this state until the offender

has been discharged from prosecution or released from imprisonment for the criminal offense.
N.D. Cent. Code § 12-48.1-01 — ND Code / Title 12 / Chapter 12-48.1 / Section 12-48.1-01
12-48.1-01. Director may provide certain services for offenders
Status: in_force

12-48.1-01. Director may provide certain services for offenders

The director of the department of corrections and rehabilitation may participate in programs

in which offenders committed to the legal and physical custody of the department may be

gainfully employed or participate in an educational or other rehabilitation program either in or

outside facilities under the control of the department. The director may obtain or contract with

separate facilities with minimum security for housing offenders granted release privileges. In

areas where facilities are not within reasonable proximity of the place of employment or training

of an offender so released, the director may arrange for the housing of the offender in local

confinement facilities.
N.D. Cent. Code § 12-63-15 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-15
12-63-15. Temporary suspension - Appeal
Status: in_force

12-63-15. Temporary suspension - Appeal

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 enforcement duties would create a

significant risk of serious and ongoing harm to the public while a disciplinary

proceeding is pending; and

c. Immediate suspension of the peace officer's license is required to reasonably

protect the public from that risk of harm.

For purposes of this section, evidence is verified if sworn to before an officer

authorized to administer oaths or equivalent affirmations.

2. An ex parte temporary suspension remains in effect for not more than sixty days,

unless otherwise terminated by the board.

3. The board shall set the date of a full hearing on the cause and grounds for discipline

regarding the license at a time not later than sixty days after the issuance of the ex

parte temporary suspension order. Within three days after the issuance of the ex parte

suspension order, the board shall serve the peace officer with a copy of the order

along with a copy of the complaint and notice of the date set for the full hearing.

4. The peace officer may appeal the ex parte temporary suspension order prior to the full

hearing. For purposes of appeal, the district court shall decide whether the board

acted reasonably or arbitrarily. The court shall give priority to the appeal for prompt

disposition. Unless otherwise ordered by the district court, an appeal by the peace

officer of the ex parte temporary suspension order does not stay the effectiveness or

validity of the ex parte temporary license suspension.
N.D. Cent. Code § 12-48-07 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-07
12-48-07. Tools and equipment
Status: in_force

12-48-07. Tools and equipment

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 to chapter 54-44.4 and rules adopted under that chapter.
N.D. Cent. Code § 12-59-10 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-10
12-59-10. Notice of parole review
Status: in_force

12-59-10. Notice of parole review

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

released on parole. The notice must include the name of the inmate, and docket number of the

criminal judgment, and the date and place for the parole board's meeting to review whether an

inmate may be released on parole.
N.D. Cent. Code § 12-60-16.1 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-16.1
12-60-16.1. Definitions
Status: in_force

12-60-16.1. Definitions

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. "Court" means the supreme court, district courts, and municipal courts of the North

Dakota judicial system.

4. "Criminal history record" means the compilation of criminal history record information

of a person reported to the bureau in accordance with this chapter.

5. "Criminal history record information" includes information collected by criminal justice

agencies on individuals consisting of identifiable descriptions and notations of arrests,

detentions, indictments, information, or other criminal charges, any dispositions arising

therefrom, sentencing, correctional supervision, and release.

6. "Criminal justice agency" means any government law enforcement agency or entity

authorized by law to provide information regarding, or to exercise the powers of,

arrest, detention, prosecution, correctional supervision, rehabilitation, or release of

persons suspected in, charged with, or convicted of, a crime.

7. "Disseminate" means to transmit criminal history record information in any oral or

written form. The term does not include:

a. The transmittal of the information within a criminal justice agency.

b. The reporting of the information as required by section 12-60-16.2.

c. The transmittal of the information between criminal justice agencies in order to

permit the initiation of subsequent criminal justice proceedings against a person

relating to the same offense.

8. "Noncriminal justice agency" means an entity that is not a criminal justice agency.

9. "Record subject" means the person who is the primary subject of a criminal history

record. The term includes any representative designated by that person by power of

attorney or notarized authorization. If the subject of the record is under legal disability,

the term includes that person's parents or duly appointed legal representative.

10. "Reportable event" means an interaction with a criminal justice agency for which a

report is required to be filed under section 12-60-16.2. The term includes only those

events in which the subject of the event is an adult or a juvenile adjudicated as an

adult.
N.D. Cent. Code § 12-60-16.9 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-16.9
12-60-16.9. Criminal history record information - Fee for record check
Status: in_force

12-60-16.9. Criminal history record information - Fee for record check

The bureau shall impose a fee of fifteen dollars for each state record check. The bureau

shall impose a fee of five dollars for each record check for a nonprofit organization that is

organized and operated in this state exclusively for charitable purposes for the exclusive benefit

of minors. The bureau shall impose a fee of five dollars for each record check conducted on a

volunteer providing services for a nonprofit organization that is organized and operated in this

state exclusively for charitable purposes for the exclusive benefit of vulnerable elderly adults.

The bureau shall impose a fee of fifteen dollars for processing biometric data necessary for

each nationwide criminal history record check. The bureau shall waive the fees for any criminal

justice agency or court.
N.D. Cent. Code § 12-60.1-05 — ND Code / Title 12 / Chapter 12-60.1 / Section 12-60.1-05
12-60.1-05. Closing nonconviction records
Status: in_force

12-60.1-05. Closing nonconviction records

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 nonconviction for a case disposed of before August 1, 2025.

If the defendant meets the requirements of this section, the court shall enter an order

closing the court record within ten days of the petition being filed.

3. This section does not apply if:

a. The dismissal was the result of a plea agreement involving a conviction on

another offense;

b. The case was dismissed due to a finding the individual was not fit to proceed

under chapter 12.1-04;

c. The case resulted in a verdict of not guilty due to a lack of criminal responsibility

under chapter 12.1-04.1; or

d. The case was appealed.

4. A filing fee may not be charged for a petition filed under this section.
N.D. Cent. Code § 12-60-19 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-19
12-60-19. Cooperation of bureau
Status: repealed

12-60-19. Cooperation of bureau

Repealed by S.L. 1983, ch. 556, § 6.
N.D. Cent. Code § 12-44.1-12.1 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-12.1
12-44.1-12.1. Establishment of inmate accounts - Withholding funds for inmate financial obligations - Health care costs - Payment of funds to inmate upon release
Status: in_force

12-44.1-12.1. Establishment of inmate accounts - Withholding funds for inmate

financial obligations - Health care costs - Payment of funds to inmate upon release.

1. The correctional facility administrator shall establish an inmate account for each

inmate. The correctional facility administrator may withdraw funds from an inmate's

account to meet the inmate's legitimate financial obligations, including child support

and restitution and for the inmate's medical, dental, and eye care costs, and establish

an administrative procedure for an inmate to appeal the withdrawal of the funds.

2. The correctional facility administrator shall pay an inmate all funds in the inmate's

account when the inmate is discharged from the correctional facility or when the

inmate is transferred to another correctional facility, less the inmate's outstanding

obligations to the correctional facility.

3. This section does not limit or alter the provisions of chapter 14-09 relating to income

withholding orders for child support.
N.D. Cent. Code § 12-67-03 — ND Code / Title 12 / Chapter 12-67 / Section 12-67-03
12-67-03. Program description - Fees
Status: in_force

12-67-03. Program description - Fees

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 within the

property boundaries of the participant's residence at all times during the hours

designated by the court, the administrator, the parole board, or the department.

Instances of approved absences from the residence may include:

a. Work or employment approved by the court, the administrator, the parole board,

or the department or traveling to or from approved employment;

b. Unemployment and seeking employment approved for the participant by the

court, the administrator, the parole board, or the department;

c. Medical, psychiatric, mental health treatment, counseling, or other treatment

programs approved for the participant by the court, the administrator, the parole

board, or the department;

d. Attendance at an educational institution or a program approved for the participant

by the court, the administrator, the parole board, or the department;

e. Attendance at a regularly scheduled religious service at a place of worship;

f. Participation in a community work release or community service program

approved for the participant by the court, the administrator, the parole board, or

the department; or

g. For another compelling reason consistent with the public interest, as approved by

the court, the administrator, the parole board, or the department.

3. A participant shall admit any individual or agent designated by the court, the

administrator, the parole board, or the department into the participant's residence at

any time for purposes of verifying the participant's compliance with the conditions of

the participant's detention.

4. A participant shall make the necessary arrangements to allow for any individual or

agent as designated by the court, the administrator, the parole board, or the

department to visit the participant's place of education or employment at any time,

based upon the approval of the educational institution or employer, for the purpose of

verifying the participant's compliance with the conditions of the participant's detention.

5. A participant shall acknowledge and participate in the approved electronic monitoring

program as designated by the court, the administrator, the parole board, or the

department at any time for the purpose of verifying the participant's compliance with

the conditions of the participant's detention.

6. A participant shall maintain the following:

a. A monitoring device in the participant's residence or on the participant's person,

or both; and

b. A working telephone in the participant's residence or in the absence of a

telephone a monitoring device in the participant's residence and on the

participant's person.

7. A participant shall obtain approval from the court, the administrator, the parole board,

or the department before the participant changes residence or the schedule described

in subsection 2.

8. The court, the administrator, the parole board, or the department shall inform a

participant that violation of the order for home detention may subject the participant to

prosecution or adjudication for the offense of escape from official detention.

9. The court or the administrator shall assess to each participant the actual cost of the

electronic monitoring. The court or the administrator also shall assess to each

participant an administration fee of not more than five dollars per day which is to be

used to reimburse the sheriff or other law enforcement agency for the cost of electronic

monitoring enforcement services.

10. A participant shall abide by other conditions as set by the court, the administrator, the

parole board, or the department.

11. An approved electronic monitoring device may be used to record a conversation

between a participant and the monitoring device or the participant and the individual

supervising the participant solely for the purpose of identification and not for the

purpose of eavesdropping or conducting any other illegally intrusive monitoring.
N.D. Cent. Code § 12-47-08 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-08
12-47-08. Salary of warden and other officers
Status: in_force

12-47-08. Salary of warden and other officers

The warden shall receive a salary to be fixed by the director of the division of adult services

with the approval of the director of the department of corrections and rehabilitation within the

limits of the legislative appropriation. All other officers and employees of the penitentiary shall

receive salaries as determined by the warden and approved by the director of the division of

adult services.
N.D. Cent. Code § 12-59-03 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-03
12-59-03. Supplies - Regulations governing parole
Status: in_force

12-59-03. Supplies - Regulations governing parole

The board shall formulate rules and regulations governing the manner in which inmates

may become eligible for discharge on parole.
N.D. Cent. Code § 12-45-07 — ND Code / Title 12 / Chapter 12-45 / Section 12-45-07
12-45-07. Effects of deceased - Sale - Money received
Status: repealed

12-45-07. Effects of deceased - Sale - Money received

Repealed by S.L. 1975, ch. 425, § 29.
N.D. Cent. Code § 12-52-04 — ND Code / Title 12 / Chapter 12-52 / Section 12-52-04
12-52-04. Officer's or employee's return on order of recommitment
Status: in_force

12-52-04. Officer's or employee's return on order of recommitment

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, together

with the person named therein, to the superintendent of the center. The superintendent shall

give to the officer or employee a certificate acknowledging the receipt of the person, order, and

return.
N.D. Cent. Code § 12-48-05 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-05
12-48-05. Conditions for employing inmates outside of the penitentiary
Status: repealed

12-48-05. Conditions for employing inmates outside of the penitentiary

Repealed by S.L. 1989, ch. 156, § 54.
N.D. Cent. Code § 12-63-12 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-12
12-63-12. Grounds for denial, revocation, or suspension of license - Adverse license action - Appeal
Status: in_force

12-63-12. Grounds for denial, revocation, or suspension of license - Adverse license

action - Appeal.

1. The board shall deny a license, refuse to renew a license, suspend a license, revoke a

license, or impose probationary conditions if the individual has been convicted or pled

guilty or nolo contendere before a court of competent jurisdiction in any state, or

before any court, of a felony offense.

2. The board may deny a license, refuse to renew a license, suspend a license, or revoke

a license, or may impose probationary conditions if the individual:

a. Has been convicted or pled guilty or nolo contendere before a court of competent

jurisdiction in any state, or before any court, of an offense involving domestic

violence or violation of a domestic violence restraining order, an offense involving

child abuse or neglect, an offense involving firearms under title 12.1 or title 62.1,

or another criminal offense determined by the board to have a direct bearing

upon an individual's ability to serve as a peace officer, or the board determines,

following a conviction or adjudication, that the individual is not rehabilitated under

section 12.1-33-02.1.

b. Has used unjustified deadly force in the performance of the duties as a peace

officer as described in section 12.1-05-07.

c. Has made a false material statement under oath to the board.

d. Has made a false material statement to the board while obtaining or renewing a

license or permit.

e. Has a psychological or physical condition and the individual is deemed unable to

safely and competently perform the duties of a peace officer.

f. Has violated a provision of this chapter or a rule of the board.

3. Denial, refusal to renew, suspension, revocation, or imposition of probationary

condition on a license may be ordered by the board after a hearing in accordance with

chapter 28-32. An application for reinstatement may be made to the board one year

from the date of the refusal to renew or the revocation of the license. The board may

accept or reject an application for reinstatement and may hold a hearing to consider

the reinstatement. The board may require an applicant complete a physical or

psychological examination, or both, by a psychologist, licensed physician, or other

qualified evaluation professional selected by the board before reinstatement. The

board may examine and review any relevant medical or psychological records

associated with the applicant's examination. A written request from the board is legal

authorization to release medical or psychological information pertinent to peace officer

licensure. The board shall deny licensure or reinstatement of an applicant if the

applicant refuses to release requested medical or psychological information. The

medical or psychological information provided to the board is not subject to section

44-04-18 and section 6 of article XI of the Constitution of North Dakota. In the case of

a denial of an application, the applicant may not reapply for a period of one year from

the date of the order of denial.

4. An appeal from the final decision of the board to refuse to issue, to not renew, to

suspend, or to revoke a license may be made to the district court. Venue is the county

in which the aggrieved individual resides. The appeal must be made within thirty days

from the service of the decision on the individual.
N.D. Cent. Code § 12-48-12 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-12
12-48-12. Manufacture and sale of license plates and road signs
Status: repealed

12-48-12. Manufacture and sale of license plates and road signs

Repealed by S.L. 1977, ch. 114, § 3.
N.D. Cent. Code § 12-68-05 — ND Code / Title 12 / Chapter 12-68 / Section 12-68-05
12-68-05. Attorney general to develop missing person procedural policy
Status: in_force

12-68-05. Attorney general to develop missing person procedural policy

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.
N.D. Cent. Code § 12-44.1-18 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-18
12-44.1-18. Inmate work programs
Status: in_force

12-44.1-18. Inmate work programs

A correctional facility may maintain a written inmate work assignment plan that provides for

inmate employment, subject to the number of work opportunities available and the maintenance

of reasonable safety, security, discipline, and correctional facility administration requirements.

The inmate work plan may provide for inmate employment in correctional facility maintenance

and operation, in public works projects, or in community service projects.
N.D. Cent. Code § 12-60-18 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-18
12-60-18. Money collected paid into general fund
Status: in_force

12-60-18. Money collected paid into general fund

All moneys collected or received, including all rewards for the apprehension or conviction of

any criminal earned or collected by the superintendent, the chief of the bureau, his assistants, or

any employee of his office, shall be paid into the general fund of the state.
N.D. Cent. Code § 12-62-03 — ND Code / Title 12 / Chapter 12-62 / Section 12-62-03
12-62-03. Peace officer standards and training board - Membership - Duties
Status: repealed

12-62-03. Peace officer standards and training board - Membership - Duties

Repealed by S.L. 2003, ch. 101, § 17.
N.D. Cent. Code § 12-59-18 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-18
12-59-18. Orders not reviewable - Exception
Status: in_force

12-59-18. Orders not reviewable - Exception

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.
N.D. Cent. Code § 12-47-30 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-30
12-47-30. Expense of transferring inmates to and from state hospital
Status: repealed

12-47-30. Expense of transferring inmates to and from state hospital

Repealed by S.L. 1975, ch. 111, § 6.
N.D. Cent. Code § 12-47-26 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-26
12-47-26. Uniform kindly treatment of inmates
Status: in_force

12-47-26. Uniform kindly treatment of inmates

1. The warden and all officers of the penitentiary uniformly shall treat the inmates of the

penitentiary with kindness, and the warden shall require of the officers and guards that,

in the execution of the officers' and guards' respective duties, the officers and guards

in all cases shall refrain from boisterous and unbecoming language in giving orders

and commands. Corporal or other painful or unusual punishment may not be inflicted

upon the inmates of the penitentiary for violation of the rules and regulations of the

penitentiary.

2. A facility under the control of the department of corrections and rehabilitation may not:

a. Substantially burden the exercise of religion by an offender in the custody of the

facility unless the burden is in furtherance of a compelling governmental interest

and is the least restrictive means of furthering that compelling governmental

interest;

b. Treat religious conduct more restrictively than any comparable secular conduct

unless the facility demonstrates the disparate treatment is necessary to further a

compelling penological interest and is the least restrictive means of furthering that

compelling penological interest; or

c. Deny clergy access to an offender in the custody of the facility for the purpose of

providing religious services unless the facility demonstrates the denial is

necessary to further a compelling penological interest and is the least restrictive

means of furthering that compelling penological interest.

3. An offender in the custody of a facility claiming to be aggrieved by a violation of

subsection 2 may assert, after exhausting appropriate administrative remedies, that

violation as a claim or defense in a judicial proceeding and, if the offender is the

prevailing party, may obtain appropriate relief, including costs and reasonable

attorney's fees.
N.D. Cent. Code § 12-48.1-04 — ND Code / Title 12 / Chapter 12-48.1 / Section 12-48.1-04
12-48.1-04. Willful failure to return
Status: repealed

12-48.1-04. Willful failure to return

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 12-48-11 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-11
12-48-11. Sale of coffins - Price - Use of proceeds
Status: repealed

12-48-11. Sale of coffins - Price - Use of proceeds

Repealed by S.L. 1965, ch. 108, § 1.
N.D. Cent. Code § 12-44.1-03 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-03
12-44.1-03. Safety and sanitation
Status: in_force

12-44.1-03. Safety and sanitation

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 correctional

facility.

3. Each correctional facility shall have a smoke detection system approved by the state

fire marshal and tested on a regular basis.

4. Designated exits must permit prompt evacuation of inmates and correctional facility

staff in an emergency.
N.D. Cent. Code § 12-62-01.1 — ND Code / Title 12 / Chapter 12-62 / Section 12-62-01.1
12-62-01.1. County and city officials to furnish crime statistics
Status: in_force

12-62-01.1. County and city officials to furnish crime statistics

To assist in controlling crime in the state through the use of reliable statistics relating to

crimes and criminal activity, the attorney general may obtain from the clerks of district courts,

municipal courts, and criminal justice agencies all information the attorney general deems

necessary to ascertain the status of crimes and criminal activity in North Dakota. It is the duty of

the officials to furnish the information requested by the attorney general within thirty days of the

request on whatever forms or in whatever manner the attorney general may prescribe.
N.D. Cent. Code § 12-48-10 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-10
12-48-10. Marking of coffins
Status: repealed

12-48-10. Marking of coffins

Repealed by S.L. 1965, ch. 108, § 1.
N.D. Cent. Code § 12-55.1-07 — ND Code / Title 12 / Chapter 12-55.1 / Section 12-55.1-07
12-55.1-07. Notice of application
Status: in_force

12-55.1-07. Notice of application

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 applicant. The

notice must include the name of the applicant, the date of entry and docket number of the

criminal judgment, the crime or crimes stated in the criminal judgment, and the date and place

for the meeting on the application.
N.D. Cent. Code § 12-47-29 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-29
12-47-29. Recovery of person transferred - Duty of superintendent or officer - Return or release - Allowance on discharge
Status: repealed

12-47-29. Recovery of person transferred - Duty of superintendent or officer - Return

or release - Allowance on discharge.

Repealed by S.L. 2003, ch. 97, § 1.
N.D. Cent. Code § 12-44.1-16 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-16
12-44.1-16. Annoyance of inmate prohibited - Penalty
Status: repealed

12-44.1-16. Annoyance of inmate prohibited - Penalty

Repealed by S.L. 1997, ch. 113, § 29.
N.D. Cent. Code § 12-46-09 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-09
12-46-09. Administrator may make rules
Status: in_force

12-46-09. Administrator may make rules

1. The administrator may make rules and regulations not in conflict with the laws of this

state:

a. For the admission of visitors.

b. For the government of officers and employees of the North Dakota youth

correctional center.

c. For the conduct of children committed to the North Dakota youth correctional

center.

2. A printed copy of the rules and regulations must be furnished to each child committed

to the North Dakota youth correctional center at the time the child is received and to

each officer or employee at the time of hire. Two copies of such rules must be

furnished to the state law library for the use of the state officials and the public.
N.D. Cent. Code § 12-46-18 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-18
12-46-18. Employment and compensation of children
Status: in_force

12-46-18. Employment and compensation of children

Every child committed to the custody of the division of juvenile services and placed at the

North Dakota youth correctional center may receive a stipend as determined by the

administrator, within the limits of appropriations made by the legislative assembly for such

purpose.
N.D. Cent. Code § 12-67.1-02 — ND Code / Title 12 / Chapter 12-67.1 / Section 12-67.1-02
12-67.1-02. Individual with a behavioral health condition - Assistance - Medical care
Status: in_force

12-67.1-02. Individual with a behavioral health condition - Assistance - Medical care

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 25-01-01, of a

local hospital may hold that individual for treatment up to seventy-two hours.
N.D. Cent. Code § 12-47-28 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-28
12-47-28. Copy of written order by warden delivered to superintendent of state hospital or other facility - Superintendent to receive inmate - Filing of receipt
Status: repealed

12-47-28. Copy of written order by warden delivered to superintendent of state

hospital or other facility - Superintendent to receive inmate - Filing of receipt.

Repealed by S.L. 2003, ch. 97, § 1.
N.D. Cent. Code § 12-55.1-05 — ND Code / Title 12 / Chapter 12-55.1 / Section 12-55.1-05
12-55.1-05. Pardon clerk - Duties
Status: in_force

12-55.1-05. Pardon clerk - Duties

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 remission of fine and shall maintain a complete and accurate

record of all proceedings in connection with the applications, including all

correspondence, documents, evidence, and appearances made in connection with the

application.

2. Conduct investigations, employ psychologists, psychiatrists, or other specialists

necessary for the determination of matters before the pardon advisory board or the

governor under this chapter, and perform other duties in connection with matters under

this chapter as may be requested by the pardon advisory board or the governor.

3. Maintain a record of every commutation, reprieve, pardon, conditional pardon, or

remission of fine granted or refused, along with the reasons for each action.
N.D. Cent. Code § 12-46-04 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-04
12-46-04. Appointment of officers
Status: in_force

12-46-04. Appointment of officers

The director of the division of juvenile services is the administrator of the North Dakota

youth correctional center. The director may designate officers or employees of the North Dakota

youth correctional center to carry out the administrator's duties.
N.D. Cent. Code § 12-48-06 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-06
12-48-06. Labor of inmates - Sale of articles produced
Status: in_force

12-48-06. Labor of inmates - Sale of articles produced

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

section 12-48-03.1. Sales to visitors and the general public by inmates of articles made by them

in hobby shall be permitted under such rules and regulations as may be established by the

warden.
N.D. Cent. Code § 12-44.1-06.3 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-06.3
12-44.1-06.3. Female inmates in grade one correctional facilities
Status: in_force

12-44.1-06.3. Female inmates in grade one correctional facilities

Expired under S.L. 2005, ch. 43, § 13.
N.D. Cent. Code § 12-46-14 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-14
12-46-14. Transportation of persons committed to North Dakota youth correctional center
Status: in_force

12-46-14. Transportation of persons committed to North Dakota youth correctional

center.

The director of juvenile court, or other officer or person designated by the court at the time

commitment is ordered, shall conduct to the North Dakota youth correctional center all persons

committed to it. Such person shall receive the amount of mileage allowed in section 11-15-25.
N.D. Cent. Code § 12-59-19 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-19
12-59-19. Reports of board and governor
Status: repealed

12-59-19. Reports of board and governor

Repealed by S.L. 1977, ch. 116, § 9.
N.D. Cent. Code § 12-46-19 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-19
12-46-19. Disposition of moneys received
Status: in_force

12-46-19. Disposition of moneys received

The administrator of the North Dakota youth correctional center shall keep an account for

each child placed at the North Dakota youth correctional center. The money in each child's

account may be used for the child's personal needs as approved by the administrator.
N.D. Cent. Code § 12-46-26 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-26
12-46-26. Restrooms and shower rooms exclusively for males or exclusively for females
Status: in_force

12-46-26. Restrooms and shower rooms exclusively for males or exclusively for

females.

1. At the North Dakota youth correctional center, a restroom or shower room accessible

by multiple inmates at the same time must be designated for use exclusively for males

or exclusively for females.

2. At the North Dakota youth correctional center, a restroom or shower room designated

for one sex may be used only by members of that sex.

3. An administrator, an officer, or an employee shall provide a reasonable

accommodation for a child placed at the North Dakota youth correctional center,

including a transgender or gender-nonconforming child, as deemed appropriate by the

administrator.
N.D. Cent. Code § 12-44.1-30 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-30
12-44.1-30. Correctional officers authorized to carry weapons
Status: in_force

12-44.1-30. Correctional officers authorized to carry weapons

The administrator of a correctional facility may allow a qualified correctional officer to carry a

weapon, including a firearm, during the transport of another governmental agency's prisoner if

the correctional facility has a contract with the governmental agency to transport the agency's

prisoners and that contract requires the officer doing the transport to be armed with a weapon.

For purposes of this section, "governmental agency" means an agency or department of this

state or of any political subdivision in this state, or another state or of a political subdivision of

another state, or of the United States. The administrator of a correctional facility shall adopt a

policy, approved by the director of the department of corrections and rehabilitation, which

establishes the qualifications and training an officer must meet to carry a weapon under this

section. Sections 62.1-02-05, 62.1-02-10, and 62.1-03-01 do not apply to the possession and

use of a firearm by a qualified correctional officer acting in the course of employment as allowed

by this section.
N.D. Cent. Code § 12-65-06 — ND Code / Title 12 / Chapter 12-65 / Section 12-65-06
12-65-06. Force and effect of hearings in other states
Status: in_force

12-65-06. Force and effect of hearings in other states

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 hearing on the

alleged violation. Upon receipt of the record of a parole or probation violation hearing held in

another state pursuant to a statute substantially similar to this chapter, the record has the same

standing and effect as though the proceeding of which it is a record was had before the

appropriate officer or officers in this state, and any recommendations contained in or

accompanying the record must be fully considered by the appropriate officer or officers of this

state in making disposition of the matter.
N.D. Cent. Code § 12-62-02 — ND Code / Title 12 / Chapter 12-62 / Section 12-62-02
12-62-02. Powers and duties
Status: in_force

12-62-02. Powers and duties

To ensure adequate training for law enforcement and to ensure the comprehensive

collection of crime statistics the attorney general shall:

1. Determine the specialized training needs of peace officers and conduct such training.

2. Develop and maintain a staffing, training, and certification information system.

3. Analyze criminal justice data and compile appropriate periodic reports.

4. Coordinate the utilization of data generated by state and local record information

systems.

5. Conduct research projects designed to respond to criminal justice system needs and

executive, judicial, or legislative branch requests.

6. Accept and administer gifts, or grants, or contracts with persons or organizations,

including the federal government, on such terms as may be beneficial to the state.
N.D. Cent. Code § 12-60.1-04 — ND Code / Title 12 / Chapter 12-60.1 / Section 12-60.1-04
12-60.1-04. Hearing on petition
Status: in_force

12-60.1-04. Hearing on petition

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. The petitioner has completed all terms of imprisonment and probation for the

offense;

d. The petitioner has paid all restitution ordered by the court for commission of the

offense;

e. The petitioner has demonstrated reformation warranting relief; and

f. The petition complies with the requirements of this chapter.

2. In determining whether to grant a petition, the court shall consider:

a. The nature and severity of the underlying crime that would be sealed;

b. The risk the petitioner poses to society;

c. The length of time since the petitioner committed the offense;

d. The petitioner's rehabilitation since the offense;

e. Aggravating or mitigating factors relating to the underlying crime, including factors

outlined in section 12.1-32-04;

f. The petitioner's criminal record, employment history, and community involvement;

g. The recommendations of law enforcement, prosecutors, corrections officials, and

those familiar with the petitioner and the offense; and

h. The recommendations of victims of the offense.

3. A hearing on the petition may not be held earlier than forty-five days following the filing

of the petition.

4. To the extent practicable, upon receipt of a petition to seal a criminal record, the

prosecutor shall notify and seek input from law enforcement, witnesses, victims, and

correctional authorities familiar with the petitioner and the offense.

5. This section does not prohibit a prosecutor from stipulating to seal a criminal record

without a hearing or more expeditiously than provided in this section.

6. An individual aggrieved by denial of a petition in a municipal court may appeal the

denial to the district court for de novo review without payment of a filing fee. A petition

denied by the district court may be appealed.

7. Except as provided in this section and if good cause is shown, a district court denying

a petition may prohibit a petitioner from filing a subsequent petition to seal a criminal

record for up to one year following the denial. The order denying the petition must

provide the reasons establishing good cause for prohibiting the petition.

8. If a court grants a petition to seal a criminal record, the court shall state in the court

order that the petitioner is sufficiently rehabilitated but is subject to the provisions of

section 12.1-33-02.1, and shall release the information when an entity has a statutory

obligation to conduct a criminal history background check.
N.D. Cent. Code § 12-63-16 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-16
12-63-16. Costs of prosecution - Disciplinary proceedings
Status: in_force

12-63-16. Costs of prosecution - Disciplinary proceedings

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

authorized representatives in the investigation, prosecution, resolution, and hearings, whether

held before the board, a hearing officer, or administrative law judge. When applicable, the peace

officer's license may be suspended until the costs are paid to the board. A peace officer may

challenge the reasonableness of any cost in a hearing under chapter 28-32. The administrative

law judge may approve, deny, or modify any cost, and determination of the judge is final. If

requested, the hearing must occur before the peace officer's license may be suspended for

nonpayment.
N.D. Cent. Code § 12-62-05 — ND Code / Title 12 / Chapter 12-62 / Section 12-62-05
12-62-05. State's attorneys - Training
Status: repealed

12-62-05. State's attorneys - Training

Repealed by S.L. 2003, ch. 101, § 17.
N.D. Cent. Code § 12-59-07 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-07
12-59-07. Requirements precedent to parole
Status: in_force

12-59-07. Requirements precedent to parole

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

establish intermediate conditions of parole, including incarceration for a period of seventy-two

hours and restitution, subject to the subsequent approval of the parole board.
N.D. Cent. Code § 12-59-15 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-15
12-59-15. Breach of parole - Hearings - Order of recommitment
Status: in_force

12-59-15. Breach of parole - Hearings - Order of recommitment

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 of the parolee.

2. Upon issuance of a warrant of arrest for a parole violation, the running of the time

period of parole must be suspended until the parole board issues a final order under

this section. The parolee is entitled to credit for time spent in physical custody from the

time of arrest until the time the parole board issues a final order.

3. The parolee is entitled to a preliminary hearing, as promptly as is convenient after the

arrest and reasonably near the place of the alleged violation or arrest, to determine

whether there is probable cause to find that the parolee violated any of the terms and

conditions of parole established by the board or by the department of corrections and

rehabilitation.

4. The preliminary hearing must be conducted before the director of the department of

corrections and rehabilitation or other hearing officer authorized by the director. The

preliminary hearing must be conducted by a disinterested hearing officer not directly

involved in the supervision of the parolee or by the person bringing the allegation of a

parole violation.

5. If the hearing officer determines there is probable cause to find that the parolee has

violated any of the terms and conditions of parole established by the board or by the

department of corrections and rehabilitation, the board may redetermine the time

remaining in the period of parole to reflect any portion of the period during which the

parolee was not under supervision or not in the custody of law enforcement personnel

in the state.

6. If the hearing officer determines there is probable cause to find that the parolee has

violated any of the terms and conditions of parole established by the board or by the

department of corrections and rehabilitation, the parolee must be returned to the

physical custody of the department of corrections and rehabilitation, transferred to

another correctional facility or the state hospital, or released from actual custody

pursuant to such terms and conditions as may be established by the parole board or

the department of corrections and rehabilitation, pending a final revocation hearing

before the parole board. If the board determines at the final revocation hearing that the

parolee has violated any of the terms and conditions of parole established by the

board or by the department of corrections and rehabilitation, the board may order the

parolee be recommitted to the physical custody of the department of corrections and

rehabilitation to serve all or part of the remaining time of the sentence that has not

been served in custody.

7. At any hearing pursuant to this section a record must be made and the parolee shall

have:

a. Written notice of the purpose of the hearing and the alleged violations.

b. The opportunity to be heard in person and present witnesses and documentary

evidence.

c. The opportunity to confront and cross-examine adverse witnesses, unless the

hearing officer determines that confrontation would create a risk of harm to the

witness.

d. A written statement as to the reasons for the decision.

8. If the board determines the parolee has absconded, as defined in section 12.1-01-04,

from supervision, the board may order the parolee to pay the costs of being returned

to the board. Moneys recovered under this subsection must be remitted to the

department of corrections and rehabilitation.
N.D. Cent. Code § 12-62-10 — ND Code / Title 12 / Chapter 12-62 / Section 12-62-10
12-62-10. Rulemaking power
Status: in_force

12-62-10. Rulemaking power

The attorney general may adopt rules to carry out the powers and duties designated in this

chapter. All rules adopted by the attorney general and appeals therefrom shall be in accordance

with chapter 28-32.
N.D. Cent. Code § 12-62-09 — ND Code / Title 12 / Chapter 12-62 / Section 12-62-09
12-62-09. Defense attorneys - Training
Status: repealed

12-62-09. Defense attorneys - Training

Repealed by S.L. 2003, ch. 101, § 17.
N.D. Cent. Code § 12-60.1-02 — ND Code / Title 12 / Chapter 12-60.1 / Section 12-60.1-02
12-60.1-02. Grounds to file petition to seal criminal record
Status: in_force

12-60.1-02. Grounds to file petition to seal criminal record

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 guilty to or was found guilty of a felony offense and the

individual has not been convicted of a new crime for at least five years before

filing the petition; or

c. The individual was granted an unconditional pardon of the criminal conviction by

the governor.

2. Except as provided under section 12-60.1-05, this chapter does not apply to:

a. A felony offense involving violence or intimidation during the period in which the

offender is ineligible to possess a firearm under subdivision a of subsection 1 of

section 62.1-02-01; or

b. An offense for which an offender has been ordered to register under section

12.1-32-15.
N.D. Cent. Code § 12-65-08 — ND Code / Title 12 / Chapter 12-65 / Section 12-65-08
12-65-08. Interstate transfer or travel of probationers and parolees - Fees
Status: in_force

12-65-08. Interstate transfer or travel of probationers and parolees - Fees

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 offender supervision, the probationer or parolee shall pay to the department

an application fee of one hundred fifty dollars. The department may waive the

offender's application fee. In addition to the application fee paid by the probationer, the

county having jurisdiction over the probationer, upon approval of the application for

transfer of that probationer, shall pay to the department a fee of one hundred fifty

dollars. In addition to the application fee paid by the parolee, the department, upon

approval of the application for transfer of that parolee, shall pay to the department a

fee of one hundred fifty dollars. However, if the balance in the fund created pursuant to

subsection 3 exceeds seventy-five thousand dollars on June thirtieth of the

immediately preceding fiscal year, the department shall waive the entire fee otherwise

required to be paid by the county or department.

2. Any probationer or parolee residing in the state who requests a travel permit to travel

to another state shall pay to the department a travel permit fee of ten dollars, unless

waived by the department.

3. The department shall transfer all funds collected or paid under this section to the state

treasury for deposit in the probationer and parolee violation transportation fund. The

funds deposited in this fund may be spent pursuant to legislative appropriation for the

purpose of defraying the costs of returning to the state probationers and parolees who

violate their conditions of supervision. The department may contract with a private

entity to assist in the administration of the fund.

4. The department shall adopt rules for implementation of this section.
N.D. Cent. Code § 12-60.1-01 — ND Code / Title 12 / Chapter 12-60.1 / Section 12-60.1-01
12-60.1-01. Definitions
Status: in_force

12-60.1-01. Definitions

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 court.

2. "Court record" includes:

a. Any document or information collected, received, or maintained by court

personnel in connection with a judicial proceeding;

b. Any index, calendar, docket, register of actions, official record of the proceedings,

order, decree, judgment, minute, and any information in a case management

system created or prepared by court personnel relating to a judicial proceeding;

and

c. Information maintained by court personnel pertaining to the administration of the

court or clerk of court office and not associated with a particular case.

3. "Criminal justice agency" has the same meaning as in section 12-60-16.1.

4. "Criminal record" means court and prosecution records subject to sealing under this

chapter. A criminal record does not include criminal history record information as

defined in subsection 5 of section 12-60-16.1 or criminal justice data information

maintained in the criminal justice data information sharing system under section

54-12-34.

5. "Nonconviction" means dismissal of all criminal charges in a case or acquittal of all

criminal charges in a case.

6. "Prosecutor" means the office or agency with jurisdiction over the offense for purposes

of postconviction proceedings.

7. "Seal" means to prohibit the disclosure of the existence or contents of court or

prosecution records unless authorized by court order.
N.D. Cent. Code § 12-48-02 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-02
12-48-02. Director of the department of corrections and rehabilitation to make rules regarding employment of offenders
Status: in_force

12-48-02. Director of the department of corrections and rehabilitation to make rules

regarding employment of offenders.

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.
N.D. Cent. Code § 12-46-11 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-11
12-46-11. Duties of subordinates and teachers
Status: repealed

12-46-11. Duties of subordinates and teachers

Repealed by S.L. 2009, ch. 273, § 9.
N.D. Cent. Code § 12-67-01 — ND Code / Title 12 / Chapter 12-67 / Section 12-67-01
12-67-01. Definitions
Status: in_force

12-67-01. Definitions

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 device" means a global positioning system device or

other electronic monitoring device approved by the department or the administrator

which is primarily intended to actively or passively monitor, record, and transmit

confirmation of a participant's location or the participant's presence or nonpresence in

the home.

3. "Court" means the district or municipal court having criminal or juvenile jurisdiction

over a participant in electronic home detention or global positioning system monitoring.

4. "Department" means the department of corrections and rehabilitation.

5. "Home detention" means the confinement of an individual adjudicated, convicted, or

charged with an offense to the individual's place of residence under the terms and

conditions established by the court, the administrator, or the department.

6. "Participant" means an adult or juvenile offender placed into an electronic monitoring

program.
N.D. Cent. Code § 12-48-14 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-14
12-48-14. Compensation of offenders
Status: in_force

12-48-14. Compensation of offenders

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 purpose. The

warden shall assign work to each offender and shall pay the offender based on the amount of

work the offender performs, up to the maximum compensation determined by the warden. If an

offender has worked in excess of ten hours per day, the offender shall receive such additional

compensation as the warden may allow. All offenders working in prison industries may receive

pay based upon actual production of salable items as determined by the warden, to be paid out

of funds the legislative assembly appropriates.
N.D. Cent. Code § 12-47-27 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-27
12-47-27. Transfer of penitentiary inmate to state hospital or other treatment facility - Evaluation procedure - Right to administrative hearing - Written order by warden
Status: repealed

12-47-27. Transfer of penitentiary inmate to state hospital or other treatment facility -

Evaluation procedure - Right to administrative hearing - Written order by warden.

Repealed by S.L. 2003, ch. 97, § 1.
N.D. Cent. Code § 12-47-18 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-18
12-47-18. Director has custody of inmates pursuant to terms of sentence
Status: in_force

12-47-18. Director has custody of inmates pursuant to terms of sentence

The director of the department of corrections and rehabilitation shall be responsible for

offenders committed to the legal and physical custody of the department. The director shall

retain, confine, and imprison each offender committed to the department until the expiration of

the offender's sentence or until the offender is lawfully entitled to release. The director shall care

for, govern, and make an effort to employ all offenders in conformity with their sentences and in

the manner prescribed by law and the rules and regulations lawfully adopted for the conduct of

the penitentiary and the department.
N.D. Cent. Code § 12-46-07 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-07
12-46-07. Members of board and officers of institutions not to be interested in certain contracts
Status: repealed

12-46-07. Members of board and officers of institutions not to be interested in certain

contracts.

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 12-44.1-13 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-13
12-44.1-13. Supervision of inmates
Status: in_force

12-44.1-13. Supervision of inmates

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 shall provide for the personal observation of inmates on an

irregular but frequent schedule.

4. Each correctional facility shall maintain sufficient law enforcement officers with

correctional training or trained correctional facility staff to perform all functions relating

to the intake and booking, security, control, custody, and supervision of inmates.

5. A correctional facility female staff member shall be available at all times when a female

inmate is confined in the correctional facility.

6. Inmates shall be prohibited from supervising, controlling, or exerting any authority over

other inmates.

7. The correctional facility shall maintain a daily written record of information concerning

inmates.
N.D. Cent. Code § 12-44.1-17 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-17
12-44.1-17. Inmate educational and counseling programs
Status: in_force

12-44.1-17. Inmate educational and counseling programs

A correctional facility may utilize the resources of the community to provide inmates with

available educational, career and technical education, counseling, and work release

opportunities. A correctional facility may, if possible, and subject to reasonable safety, security,

discipline, and correctional facility administration requirements, provide opportunities for access

to available religious, mental health, alcoholism, and addiction counseling by inmates desirous

of such counseling.
N.D. Cent. Code § 12-48-08 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-08
12-48-08. Penitentiary tannery
Status: repealed

12-48-08. Penitentiary tannery

Repealed by S.L. 1965, ch. 108, § 1.
N.D. Cent. Code § 12-44.1-11 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-11
12-44.1-11. Commitment papers - Copies - Endorsement
Status: in_force

12-44.1-11. Commitment papers - Copies - Endorsement

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

prima facie evidence of the administrator's right to retain the inmate in custody. All instruments

or copies by which an inmate is committed or released shall be endorsed and filed by the

administrator. The file and its contents shall be delivered to the administrator's successor.
N.D. Cent. Code § 12-44.1-15 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-15
12-44.1-15. Searches
Status: in_force

12-44.1-15. Searches

Searches of inmates may only be conducted:

1. Without undue or unnecessary force or indignity to the person searched.

2. When reasonably necessary to control contraband in the institution or to recover

missing or stolen property.
N.D. Cent. Code § 12-60-26 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-26
12-60-26. School enrollment procedures to aid identification and location of lost, missing, and runaway children
Status: in_force

12-60-26. School enrollment procedures to aid identification and location of lost,

missing, and runaway children.

1. When a child enrolls in a public or nonpublic school, licensed day care facility, home

education, licensed day care center, licensed child care facility, headstart program, or

nursery school for the first time, the school, licensed day care facility, headstart

program, or school superintendent of the jurisdiction shall:

a. Require the child's parent, guardian, or legal custodian to present to the school,

licensed day care facility, or school superintendent of the jurisdiction, within forty

days of enrollment, proof of identity of the child; and

b. Request the appropriate school records for the child from the previous school

attended by the child. The school enrolling the child shall make the request within

thirty days of enrollment of the child.

2. If a child's parent, guardian, or legal custodian does not present the proof of identity

required in subsection 1 within forty days of enrollment or if the school does not

receive the school records of the child within sixty days of enrollment, the school,

licensed day care facility, or school superintendent of the jurisdiction shall notify the

bureau and a local law enforcement authority that no proof of identity has been

presented for the child.

3. A school shall transfer records or proof of identity of a child within ten calendar days

upon receipt of request.

4. When a school, licensed day care facility, or school superintendent receives a notice

from a law enforcement authority, parent, guardian, or legal custodian that a child who

is or has been enrolled in that school or facility has been reported as a lost, missing, or

runaway child, the school, licensed day care facility, or school superintendent shall:

a. Flag the records of the child; and

b. Notify the bureau and a local law enforcement authority if a request for school

records is received from any source.

5. When the division of vital records of the department of health and human services

receives a notice from a law enforcement authority that a child is reported as lost,

missing, or runaway, the division of vital records shall:

a. Flag the records of the individual; and

b. Notify the bureau and a local law enforcement authority if a request for records is

received from any source.

6. If it is necessary for law enforcement authorities to conduct an investigation on a lost,

missing, or runaway child, school or day care personnel may not inform the person

claiming custody of the child of the investigation while it is being conducted.

7. For purposes of this section:

a. "Flag the records" means marking the division of vital records, school, day care,

or home education records in such a manner that any personnel viewing that

record will be automatically alerted that the child or individual has been reported

as lost, missing, or runaway.

b. "Home education" means a program of education supervised by a child's parent

in accordance with the requirements of chapter 15.1-23.

c. "Proof of identity" means a certified copy of a birth certificate, a certified

transcript, or similar student records from the previous school, or any other

documentary evidence the school, licensed day care facility, or school

superintendent considers appropriate proof of identity.

d. "School" or "licensed day care facility" means all elementary and secondary

schools, licensed day care centers, licensed child care facilities, headstart

programs, and nursery schools whether public or nonpublic.
N.D. Cent. Code § 12-46-17 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-17
12-46-17. Incorrigible student returned to sheriff - Original proceedings continued
Status: in_force

12-46-17. Incorrigible student returned to sheriff - Original proceedings continued

If any person who has been convicted of a felony and is committed to the custody of the

division of juvenile services and transferred to the North Dakota youth correctional center is or

becomes incorrigible and manifestly or persistently dangerous to the good order, government,

and welfare of the center or its students, the director of the division of juvenile services shall

order the person returned and delivered to the sheriff of the county from which committed, and

the proceedings against the person thereafter must be resumed and continued as though no

order or warrant of commitment had been made.
N.D. Cent. Code § 12-48-04 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-04
12-48-04. Inmates may be employed in improving roads and streets
Status: repealed

12-48-04. Inmates may be employed in improving roads and streets

Repealed by S.L. 1989, ch. 156, § 54.
N.D. Cent. Code § 12-47-39 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-39
12-47-39. Definitions - Health care for chronically or terminally ill offenders - Notice to health care facility
Status: in_force

12-47-39. Definitions - Health care for chronically or terminally ill offenders - Notice to

health care facility.

1. As used in this section:

a. "Chronically ill" has the same meaning as in section 26.1-33.2-01.

b. "Department" means the department of corrections and rehabilitation.

c. "Health care facility" means an assisted living facility as defined in section

23-09-01, a basic care facility as defined in section 23-09.3-01, or a nursing home

as defined in section 23-30-01, except that transitional care units and other

long-term care beds owned or operated on the premises of acute care hospitals

or critical care hospitals are not health care facilities for the purpose of this

section.

d. "Terminally ill" has the same meaning as in section 26.1-33.2-01.

2. If an offender is to be given an early release, pardon, or parole due to a chronic or

terminal illness for admission as a resident of a health care facility due to the chronic

or terminal illness, the department shall provide prior written notice to the administrator

of the facility, stating:

a. The offense for which the offender was convicted and a description of the actual

offense;

b. The offender's status with the department;

c. That the information provided by the department regarding the offender may be

provided to residents and employees of the facility by the administrator of the

facility;

d. The offender's health status and type of health care the offender requires;

e. Any available risk assessment information regarding the offender's likelihood of

reoffending; and

f. The name of the party responsible for the payment for the services provided by

the health care facility to the offender.
N.D. Cent. Code § 12-47-16 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-16
12-47-16. Duties of employees - May not engage in procuring pardon
Status: in_force

12-47-16. Duties of employees - May not engage in procuring pardon

All officers and persons employed in and about the penitentiary shall perform such duties in

the oversight and charge of the penitentiary, the use and care of the property belonging thereto,

and the custody, discipline, government, and employment of the inmates as shall be required of

them by the warden, in conformity to law and the rules and regulations of the penitentiary. No

officer or employee shall be engaged directly or indirectly in procuring a pardon for any person

confined therein. Any officer or employee violating the provisions of this section shall be

removed immediately.
N.D. Cent. Code § 12-48-03.3 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-03.3
12-48-03.3. Roughrider industries' operating fund - Bank of North Dakota
Status: in_force

12-48-03.3. Roughrider industries' operating fund - Bank of North Dakota

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 annually its revenues and expenditures to the office of management and budget for

the purpose of its financial statements being included in the state's comprehensive audited

financial statements.
N.D. Cent. Code § 12-46-16 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-16
12-46-16. Person committed or sentenced to North Dakota industrial school a minor until eighteen
Status: repealed

12-46-16. Person committed or sentenced to North Dakota industrial school a minor

until eighteen.

Repealed by S.L. 1975, ch. 109, § 8.
N.D. Cent. Code § 12-54.1-04 — ND Code / Title 12 / Chapter 12-54.1 / Section 12-54.1-04
12-54.1-04. Basis for meritorious conduct sentence reduction
Status: in_force

12-54.1-04. Basis for meritorious conduct sentence reduction

Meritorious conduct sentence reductions may be awarded for any of the following

performances or acts:

1. Exceptional quantity and quality of work far beyond normal expectations for the job

assignment.

2. Beneficial suggestions resulting in substantial savings to the state.

3. Acts of outstanding heroism.

4. Acts which protect the lives of employees or other inmates or the property of the

institution.

Meritorious conduct sentence reductions must be awarded upon written recommendation of the

warden and approved by the director of the department of corrections and rehabilitation on a

lump sum basis resulting from separate recommendations and approvals. Such reductions may

not be awarded on a continuing days-per-month basis beyond the month in which a reduction

award is made. Such sentence reductions may not be granted for any month in which the

performance sentence reduction under section 12-54.1-01 was withheld or forfeited.
N.D. Cent. Code § 12-44.1-32 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-32
12-44.1-32. Sentence reduction credit
Status: in_force

12-44.1-32. Sentence reduction credit

An inmate sentenced to a correctional facility under this chapter is eligible to earn sentence

reductions based upon criteria established by the administrator, including sentence reduction for

good conduct. While incarcerated in a correctional facility, an offender may earn no more than a

one-day sentence reduction per six days served.
N.D. Cent. Code § 12-55.1-01 — ND Code / Title 12 / Chapter 12-55.1 / Section 12-55.1-01
12-55.1-01. Definitions
Status: in_force

12-55.1-01. Definitions

In this title, unless the context otherwise requires:

1. "Commutation" means the change of the punishment to which a person is sentenced

to a less severe punishment.

2. "Conditional pardon" means a pardon, commutation, reprieve, or remission of fine

subject to terms and conditions established by the governor upon the recommendation

of the pardon advisory board.

3. "Department" means the department of corrections and rehabilitation.

4. "Pardon" means the removal of punishment or custody imposed upon a person for the

commission of an offense. A pardon does not remove the fact of that person's

conviction or plea or finding of guilt for an offense unless specifically stated in the

certificate of pardon.

5. "Remission of fine" means a release or partial release of a fine.

6. "Reprieve" means a temporary relief from or postponement of the execution of a

criminal sentence.
N.D. Cent. Code § 12-65-04 — ND Code / Title 12 / Chapter 12-65 / Section 12-65-04
12-65-04. Who may hold a hearing
Status: in_force

12-65-04. Who may hold a hearing

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

violation.
N.D. Cent. Code § 12-47-18.1 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-18.1
12-47-18.1. Transfer of persons between correctional facilities
Status: in_force

12-47-18.1. Transfer of persons between correctional facilities

The director of the department of corrections and rehabilitation may transfer an offender to

any facility under the department's control or contract to transfer an offender to another

correctional facility for purposes of safety, security, discipline, medical care, or when the director

determines it may be in the best interests of the public, the offender, or the department.
N.D. Cent. Code § 12-47-37 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-37
12-47-37. Transporting of prisoners
Status: in_force

12-47-37. Transporting of prisoners

A prisoner who has been charged with, pled guilty to, or been convicted of a class A or

class AA felony in this state may not be transported except by employees of the department of

corrections and rehabilitation or by law enforcement officers or correctional officers employed by

a governmental agency. For purposes of this section, "governmental agency" means an agency

or department of this state or of any political subdivision of this state, of another state or of a

political subdivision of another state, or of the United States.
N.D. Cent. Code § 12-48-21 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-21
12-48-21. Disposition of unclaimed money
Status: in_force

12-48-21. Disposition of unclaimed money

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

specific provision for its disposition.
N.D. Cent. Code § 12-68-04 — ND Code / Title 12 / Chapter 12-68 / Section 12-68-04
12-68-04. Unidentified person or human remains identification responsibilities
Status: in_force

12-68-04. Unidentified person or human remains identification responsibilities

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 coroner or medical examiner or any other person may not dispose of or engage in

actions that will materially affect the unidentified human remains before the coroner or

medical examiner:

a. Obtains samples suitable for DNA identification and archiving;

b. Obtains photographs of the unidentified person or human remains; and

c. Exhausts all other appropriate steps for identification.
N.D. Cent. Code § 12-60-03 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-03
12-60-03. Terms of office - Filling of vacancies
Status: repealed

12-60-03. Terms of office - Filling of vacancies

Repealed by S.L. 1971, ch. 141, § 1.
N.D. Cent. Code § 12-63-02.2 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-02.2
12-63-02.2. Tribal police officers
Status: in_force

12-63-02.2. Tribal police officers

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 required for licensure for a tribal police officer.

2. The board shall issue a peace officer license or part-time peace officer license to a

tribal police officer who is eligible for a peace officer license or part-time peace officer

license under this section and who has paid the prescribed license fee if:

a. The tribal police officer has been appointed as a special deputy in accordance

with section 11-15-02;

b. The tribal police officer is employed by the state or a political subdivision;

c. There is an agreement between the state or a political subdivision and the tribe

for tribal police officers to perform law enforcement services; or

d. The tribal police officer has completed the training program unless waived by the

board.

3. A tribal police officer who is a member of a police force of a tribal government and who

is licensed under this section may exercise the powers of a peace officer of this state

within the exterior boundaries of the reservation, or off the reservation, in accordance

with the terms and conditions of the special deputy appointment, the employment

agreement, or the agreement between the state or political subdivision and the tribe.

4. A tribal police officer who has a peace officer license under this section is subject to

this chapter and the rules adopted by the board, including requirements for license

renewal or reinstatement, annual sidearm qualification, and continuing education.

5. The state or political subdivision is not liable for any act or omission of a tribal police

officer exercising peace officer powers authorized by an agreement between the state

or a political subdivision and a tribe.

6. Notwithstanding section 12-63-02, a tribal police officer is not required to be licensed in

this state to provide emergency law enforcement services or to provide mutual aid to a

law enforcement officer of the state or a political subdivision within the exterior

boundaries of the reservation or off the reservation.

7. This section does not diminish or expand the jurisdiction of any tribe or the state.
N.D. Cent. Code § 12-63-01 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-01
12-63-01. Definitions
Status: in_force

12-63-01. Definitions

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 enforce the law and to conduct or engage in investigations of violations of the

law for no more than an average of twenty hours per week, not including time spent on

call when no call to active duty is received, calculated on an annual basis.

3. "Peace officer" means a public servant authorized by law or by government agency or

branch to enforce the law and to conduct or engage in investigations of violations of

the law.

4. "Reserve 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 enforce the law and to conduct or engage in investigations of violations of the

law within the scope of the reserve peace officer's training.
N.D. Cent. Code § 12-46-10 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-10
12-46-10. Records of institutional transactions, complaints, and rule infractions
Status: in_force

12-46-10. Records of institutional transactions, complaints, and rule infractions

The administrator shall maintain a correct record of all the transactions of the North Dakota

youth correctional center.
N.D. Cent. Code § 12-68-01 — ND Code / Title 12 / Chapter 12-68 / Section 12-68-01
12-68-01. Missing person reports
Status: in_force

12-68-01. Missing person reports

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 person has been missing for a short period of time;

d. The person has been missing for a long period of time; or

e. There is no indication that the missing person was in the jurisdiction served by

the law enforcement agency at the time of the disappearance.

2. Notwithstanding subsection 1, if, upon receiving sufficient information from the person

making the report, the law enforcement agency that receives the initial report of a

missing person determines that a law enforcement agency in another jurisdiction is

clearly the more appropriate law enforcement agency to receive the missing person

report, the law enforcement agency that receives the initial report may refer the

missing person report to the more appropriate law enforcement agency. The

responsibility for the missing person report remains with the law enforcement agency

that receives the initial missing person report until the law enforcement agency in the

other jurisdiction confirms, in writing, its acceptance of responsibility for the missing

person report. If the law enforcement agency to which the missing person report is

referred is located within this state, that law enforcement agency shall accept or

decline the responsibility for the referred missing person report within twenty-four

hours after receiving the request from the initial law enforcement agency. The law

enforcement agency to which the report is referred may not decline acceptance of

responsibility for the missing person report without good cause shown and may not

decline acceptance of responsibility for the report solely on the basis of the factors

listed in subsection 1.

3. The law enforcement agency shall accept a missing person report in person. A law

enforcement agency also may accept reports by telephone or by electronic or other

media to the extent that the reporting is consistent with law enforcement policies or

practices.
N.D. Cent. Code § 12-47-38 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-38
12-47-38. Director to contract for housing female inmates
Status: repealed

12-47-38. Director to contract for housing female inmates

Repealed by S.L. 2009, ch. 118, § 4.
N.D. Cent. Code § 12-67-02 — ND Code / Title 12 / Chapter 12-67 / Section 12-67-02
12-67-02. Application
Status: in_force

12-67-02. Application

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 which the law requires mandatory incarceration and does not allow for

electronic home detention or global positioning system monitoring, the administrator of

the jail or correctional facility shall make the decision as to whether the use of

electronic home detention or global positioning system monitoring is appropriate for

that offender.

2. Electronic home detention or global positioning system monitoring may be used for

adult and juvenile offenders as selected by the court, the administrator, the parole

board, or the department for adult offenders as an intermediate measure of supervised

probation, and for delinquent juvenile offenders in the custody of the division of

juvenile services as a condition of community placement. Electronic home detention

and global positioning system monitoring may be used for the following:

a. Pretrial or preadjudicatory detention.

b. Probation.

c. Community corrections approved by the court.

d. Parole.

e. Work release under chapter 12-44.1 or approved by the parole board.

f. Institutional release approved by the court or the parole board.

g. Sex offender containment.

3. If not otherwise prohibited by law, the administrator may use electronic home detention

or global positioning system monitoring for an offender if required due to medical

needs of the offender or to prevent overcrowding in the county jail or regional

correctional facility.

4. If the law requires mandatory incarceration and does not allow for electronic home

detention or global positioning system monitoring, the court order must expressly

prohibit electronic home detention and global positioning system monitoring.

5. Notwithstanding any other provision of law, an offender who has pled guilty or nolo

contendere to, or has been found guilty of a felony under section 14-09-22, is not

eligible for electronic home detention or home-based global positioning system

monitoring if a minor is present in the home.
N.D. Cent. Code § 12-60-16.8 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-16.8
12-60-16.8. Criminal history record information - Required disclosure of certain dissemination
Status: in_force

12-60-16.8. Criminal history record information - Required disclosure of certain

dissemination.

If the bureau disseminates information under section 12-60-16.6, unless the request was

accompanied by an authorization on forms prescribed by the bureau and signed by the record

subject, the bureau shall mail notice of that dissemination to the record subject at the last known

address of the record subject.
N.D. Cent. Code § 12-44.1-06 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-06
12-44.1-06. Grades of correctional facilities
Status: in_force

12-44.1-06. Grades of correctional facilities

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 facility for confining inmates not more than one

year.

b. "Grade two" means a correctional facility for confining inmates not more than

ninety days.

c. "Grade three" means a correctional facility for confining inmates not more than

ninety-six hours.

d. "Grade four" means an adult lockup or court holding facility in which individuals

may not be detained overnight.

2. The length of confinement of a prisoner may be temporarily increased on a

case-by-case basis in grade one and grade two correctional facilities upon the request

of the administrator and the approval of the department of corrections and

rehabilitation.
N.D. Cent. Code § 12-60-15 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-15
12-60-15. Duty to furnish information
Status: repealed

12-60-15. Duty to furnish information

Repealed by S.L. 1987, ch. 162, § 12.
N.D. Cent. Code § 12-47-34 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-34
12-47-34. Escapes from director's custody - Director may offer reward for recapture - Payment of reward - Use of firearms
Status: in_force

12-47-34. Escapes from director's custody - Director may offer reward for recapture -

Payment of reward - Use of firearms.

1. The director of the department of corrections and rehabilitation shall adopt measures

necessary for the detection and capture of offenders escaping from the custody of the

department. If an offender in the custody of the department escapes, the director shall

use all lawful means for the apprehension of the offender. The director may offer a

reward not to exceed one thousand dollars and not less than one hundred dollars for

information leading to apprehension of an offender who has escaped from the custody

of the department.

2. The director may authorize correctional officers trained in the use of firearms:

a. To carry firearms when in the course of their duties on penitentiary premises.

b. To carry firearms, including keeping and carrying loaded firearms in motor

vehicles, when transporting offenders in the custody of the department.

c. To carry firearms, including keeping and carrying loaded firearms in motor

vehicles, for the prevention of escapes or for the apprehension of offenders who

have escaped from the custody of the department.

3. Sections 62.1-02-05, 62.1-02-10, and 62.1-03-01 do not apply to the possession and

use of firearms by authorized and trained correctional officers acting in the course of

their employment under this section.
N.D. Cent. Code § 12-47-11 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-11
12-47-11. Powers and duties of warden
Status: in_force

12-47-11. Powers and duties of warden

The warden, under the direction of the director of the department of corrections and

rehabilitation, shall have the charge, custody, and control of the penitentiary and offenders

committed to the legal and physical custody of the department and placed by the department at

the penitentiary, together with all lands, buildings, furniture, tools, implements, stock, provisions,

and every other species of property pertaining to the penitentiary or within the premises of the

penitentiary. The warden shall superintend and be responsible for the policing of the penitentiary

and the discipline of the offenders placed by the department at the penitentiary.
N.D. Cent. Code § 12-46-08 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-08
12-46-08. Officers to be furnished food supplies
Status: repealed

12-46-08. Officers to be furnished food supplies

Repealed by S.L. 1971, ch. 501, § 2.
N.D. Cent. Code § 12-59-01 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-01
12-59-01. State parole board - Membership
Status: in_force

12-59-01. State parole board - Membership

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

experienced in law enforcement, which may include experience as a prosecuting attorney, one

must be a licensed attorney, and four must be persons qualified by special experience,

education, or training. The governor may only remove a member of the parole board for

disability, inefficiency, neglect of duty, or malfeasance in office.
N.D. Cent. Code § 12-55.1-06 — ND Code / Title 12 / Chapter 12-55.1 / Section 12-55.1-06
12-55.1-06. Application for commutation, reprieve, pardon, conditional pardon, or remission of fine
Status: in_force

12-55.1-06. Application for commutation, reprieve, pardon, conditional pardon, or

remission of fine.

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. Cent. Code § 12-60-08.1 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-08.1
12-60-08.1. Power of the attorney general to issue subpoenas in bureau investigations
Status: in_force

12-60-08.1. Power of the attorney general to issue subpoenas in bureau

investigations.

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.
N.D. Cent. Code § 12-45-02 — ND Code / Title 12 / Chapter 12-45 / Section 12-45-02
12-45-02. Inquest open to all persons - Exception
Status: in_force

12-45-02. Inquest open to all persons - Exception

The inquest provided for in section 12-45-01 shall be open to all persons who may wish to

attend it, under such rules and regulations as the officer in charge may establish for the orderly

conduct of the business. All persons may be excluded from the presence of the body of the

deceased whenever there is danger of contracting or spreading a contagious disease, and all

spectators may be excluded from the room where the inquest is being held while any officer,

employee, or inmate of the institution is being examined.
N.D. Cent. Code § 12-47-33 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-33
12-47-33. Warden may issue warrants of penitentiary
Status: repealed

12-47-33. Warden may issue warrants of penitentiary

Repealed by S.L. 1989, ch. 156, § 54.
N.D. Cent. Code § 12-60-16.11 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-16.11
12-60-16.11. Criminal history record information - Required action
Status: in_force

12-60-16.11. Criminal history record information - Required action

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 history

database in addition to any other compiled information. The entity shall pay any applicable fees

set forth in section 12-60-16.9.
N.D. Cent. Code § 12-60-16.10 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-16.10
12-60-16.10. Criminal history record information - Penalty
Status: in_force

12-60-16.10. Criminal history record information - Penalty

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.
N.D. Cent. Code § 12-44.1-06.1 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-06.1
12-44.1-06.1. Correctional facilities standards
Status: in_force

12-44.1-06.1. Correctional facilities standards

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

facility.
N.D. Cent. Code § 12-59-22 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-22
12-59-22. Twenty-four seven sobriety program
Status: in_force

12-59-22. Twenty-four seven sobriety program

The parole board may authorize participation in the twenty-four seven sobriety program as

an intermediate sanction or condition of parole.