N.D. Cent. Code § 12-48.1-03 — ND Code / Title 12 / Chapter 12-48.1 / Section 12-48.1-03
12-48.1-03. Use of funds earned on work release
Status: in_force

12-48.1-03. Use of funds earned on work release

An offender shall use any funds earned in work release in the following order: support of

dependents; for necessary expenses of the offender, including room and board costs of the

institution; any administration fee and fine; and restitution if a part of the sentence. Any balance

must be deposited in the offender's account to be paid to the offender in accordance with

section 12-48-15.
N.D. Cent. Code § 12-48-23 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-23
12-48-23. Employment of penitentiary inmates in book salvage - Receipts
Status: repealed

12-48-23. Employment of penitentiary inmates in book salvage - Receipts

Repealed by S.L. 1977, ch. 114, § 3.
N.D. Cent. Code § 12-63-06 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-06
12-63-06. Application for license
Status: in_force

12-63-06. Application for license

An applicant for a license as a peace officer shall file a written application provided by the

board showing to the satisfaction of the board that the applicant:

1. Is of good moral character.

2. Possesses a high school diploma or general education equivalency certificate.

3. Has had a complete background investigation conducted by the parent agency or the

division.

4. Has passed a medical and psychological examination approved or prescribed by the

board.

5. Has successfully completed a training program recognized by the board.

6. Has passed an examination as provided in section 12-63-07 or has arranged to take

such an examination and is eligible for a limited license under section 12-63-09.

7. Has complied with rules of the board.
N.D. Cent. Code § 12-44.1-09.1 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-09.1
12-44.1-09.1. Restrooms and shower rooms exclusively for males or exclusively for females
Status: in_force

12-44.1-09.1. Restrooms and shower rooms exclusively for males or exclusively for

females.

1. In a correctional facility, 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. In a correctional facility, a restroom or shower room designated for one sex may be

used only by members of that sex.

3. An administrator or correctional facility staff member shall provide a reasonable

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

inmate, as deemed appropriate by the administrator.
N.D. Cent. Code § 12-63-02 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-02
12-63-02. License required
Status: in_force

12-63-02. License required

An individual may not perform peace officer law enforcement duties in this state unless the

individual is licensed as required in this chapter.
N.D. Cent. Code § 12-59-17 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-17
12-59-17. Causing parolee or probationer to violate parole or probation - Penalty
Status: in_force

12-59-17. Causing parolee or probationer to violate parole or probation - Penalty

Any person knowing that another person is on parole, or on probation, who willfully causes

such parolee or probationer to violate the terms or conditions of the parolee's or probationer's

parole or probation is guilty of a class A misdemeanor.
N.D. Cent. Code § 12-47-35 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-35
12-47-35. Governor may contract for transfer to federal institution
Status: repealed

12-47-35. Governor may contract for transfer to federal institution

Repealed by S.L. 1987, ch. 634, § 2.
N.D. Cent. Code § 12-54.1-03 — ND Code / Title 12 / Chapter 12-54.1 / Section 12-54.1-03
12-54.1-03. Meritorious conduct sentence reduction
Status: in_force

12-54.1-03. Meritorious conduct sentence reduction

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

physical custody of the department of corrections and rehabilitation may receive a lump sum or

a monthly rate of meritorious conduct sentence reduction for outstanding performance or heroic

acts or as a special control and security measure, as provided by penitentiary and department

rules and upon written recommendation of a department multidisciplinary team. Meritorious

sentence reductions are in addition to sentence reductions under section 12-54.1-01 and may

be made only after a written recommendation is made by the warden and approved by the

director of the department. Any sentence reduction for special control or security measures may

not exceed two days good time per month per offender.
N.D. Cent. Code § 12-44.1-24 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-24
12-44.1-24. Correctional facility standards - Inspections
Status: in_force

12-44.1-24. Correctional facility standards - Inspections

The department of corrections and rehabilitation shall:

1. Prescribe rules establishing minimum standards for the construction, operation, and

maintenance of public or private correctional facilities.

2. Prescribe rules for the care and treatment of inmates.

3. Cause rules and regulations to be made available to inmates or be posted in at least

one conspicuous place in each correctional facility.

4. Appoint a correctional facility inspector qualified by special experience, education, or

training to inspect each correctional facility at least once each year to determine if the

rules and regulations have been complied with. Inspection must include health and

safety, fire and life safety, security, rehabilitation programs, recreation, treatment of

persons confined, and personnel training.
N.D. Cent. Code § 12-47-19 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-19
12-47-19. Food of inmates
Status: repealed

12-47-19. Food of inmates

Repealed by S.L. 1999, ch. 114, § 3.
N.D. Cent. Code § 12-62-06 — ND Code / Title 12 / Chapter 12-62 / Section 12-62-06
12-62-06. Correctional officers - Training
Status: repealed

12-62-06. Correctional officers - Training

Repealed by S.L. 2003, ch. 101, § 17.
N.D. Cent. Code § 12-52-07 — ND Code / Title 12 / Chapter 12-52 / Section 12-52-07
12-52-07. Discharge for good conduct
Status: in_force

12-52-07. Discharge for good conduct

The director of the division of juvenile services may discharge any student from the North

Dakota youth correctional center at any time upon satisfactory evidence of reformation and as a

reward for good conduct and diligence in study. If the student has no parent, guardian, or other

person to whom to return, the director shall arrange for and procure some suitable person to

receive, employ, and care for the person so discharged.
N.D. Cent. Code § 12-46-24 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-24
12-46-24. Prohibition on delivery or possession of alcoholic beverages or controlled substances to or by students - Penalties
Status: in_force

12-46-24. Prohibition on delivery or possession of alcoholic beverages or controlled

substances to or by students - Penalties.

1. It shall be unlawful for any person to deliver or administer, whether or not for a

consideration, any alcoholic beverage or controlled substance to any student, or to any

other person for redelivery or administration to a student, during the time of the

student's commitment to the North Dakota youth correctional center. This subsection

shall not apply to the delivery or administration of controlled substances or alcoholic

beverages in accordance with the orders or prescription of a duly licensed physician

and the approval, except in emergency circumstances, of the superintendent.

2. No student shall, during the student's commitment to the North Dakota youth

correctional center, possess any controlled substance or alcoholic beverage unless the

substance or beverage was delivered to the student or was possessed in accordance

with the prescription or orders of a licensed physician.

3. Any person, other than an official or employee of the North Dakota youth correctional

center, who violates subsection 1 by delivering or administering a controlled substance

is guilty of a class B felony. Any official or employee of the North Dakota youth

correctional center who violates subsection 1 by delivering or administering a

controlled substance is guilty of a class A felony. Any person who violates subsection 1

by delivering an alcoholic beverage is guilty of a class A misdemeanor.

4. Any person who violates subsection 2 by possessing a controlled substance shall be

guilty of a class B felony. Any person who violates subsection 2 by possessing

alcoholic beverages shall be guilty of a class A misdemeanor. The district court may

waive juvenile jurisdiction over a child above sixteen years of age charged with an

offense under subsection 2. The person shall then be transferred to the appropriate

court for criminal prosecution.

5. As used in this section, "controlled substance" is as defined in section 19-03.1-01 and

includes counterfeit substances as defined in section 19-03.1-01.
N.D. Cent. Code § 12-60-16.12 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-16.12
12-60-16.12. Criminal history record information - Civil action - Penalty
Status: in_force

12-60-16.12. Criminal history record information - Civil action - Penalty

A person that disseminates, publishes, or maintains or causes to be disseminated,

published, or maintained, the criminal history record information of an individual which pertains

to that individual's charge or arrest for a criminal offense, and solicits, requests, or accepts

money or other thing of value for removing the criminal history record information is civilly liable

to that individual in the amount of five hundred dollars or actual damages, whichever is greater,

plus reasonable attorney's fees and court costs.
N.D. Cent. Code § 12-44.1-17.1 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-17.1
12-44.1-17.1. Correctional facility grant committee - Correctional facility grant program - Report
Status: in_force

12-44.1-17.1. Correctional facility grant committee - Correctional facility grant

program - Report.

1. The department of corrections and rehabilitation shall establish a correctional facility

grant committee consisting of two members appointed by the director of the

department of corrections and rehabilitation, two members appointed by the North

Dakota association of counties, the commissioner of recovery and re-entry, and the

director of the behavioral health division of the department of health and human

services. The director of the department of corrections and rehabilitation shall choose

one member to serve as chairman. The committee shall:

a. Establish criteria for the evaluation of existing re-entry programs, including

educational and counseling programs used by existing re-entry programs;

b. Establish criteria for the evaluation of grant applications;

c. Establish policies for screening and implementing grants under this section;

d. Establish criteria and policies for evaluating programs funded under this section;

e. Establish criteria and policies necessary for the successful administration and

management of the grant program;

f. Administer grants to county, regional, or tribal correctional facilities; and

g. Provide annual reports to the department of corrections and rehabilitation

regarding the status of the correctional facility grant program.

2. The correctional facility grant committee shall administer a grant program to expand

access to evidence-based programming in county, regional, and tribal correctional

facilities.

3. Grants awarded under this section must prioritize county, regional, or tribal correctional

facilities with no existing re-entry, educational, counseling, or other evidence-based

programs. Grants may be awarded to support access to culturally responsive

treatment alternative programs.
N.D. Cent. Code § 12-48-17 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-17
12-48-17. Disposition of earnings of inmate with dependents when more than fifty dollars in temporary aid account
Status: repealed

12-48-17. Disposition of earnings of inmate with dependents when more than fifty

dollars in temporary aid account.

Repealed by S.L. 1975, ch. 111, § 6.
N.D. Cent. Code § 12-45-03 — ND Code / Title 12 / Chapter 12-45 / Section 12-45-03
12-45-03. Who may be required to testify - Procedure
Status: in_force

12-45-03. Who may be required to testify - Procedure

The officer holding the inquest provided for in section 12-45-01 may require any inmate of

the penitentiary or North Dakota youth correctional center to testify at the inquest. The warden

or superintendent shall produce before such inquest any inmate of the penitentiary or North

Dakota youth correctional center upon the written request of the officer holding the inquest. Any

such inmate shall be accompanied by such officer as the warden or superintendent may

designate and as may be necessary to prevent the inmate's escape, and when no longer

required before the inquest, the inmate must be returned immediately to the institution of which

the person is an inmate. The testimony of each witness taken at the inquest shall be reduced to

writing under the order of the officer holding the inquest and subscribed by the witness. The

proceedings of the jury shall be as provided in other cases of inquest held by the coroner.
N.D. Cent. Code § 12-47-02 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-02
12-47-02. Jurisdiction over penitentiary and affiliated facilities
Status: in_force

12-47-02. Jurisdiction over penitentiary and affiliated facilities

The penitentiary and the grounds and premises thereof, for the purpose of all judicial

proceedings, is within and a part of the county of Burleigh, and the courts of that county have

jurisdiction of all crimes or public offenses committed within the penitentiary. The jurisdiction of a

crime or public offense committed within an affiliated facility of the penitentiary is in the county

where the affiliated facility is located.
N.D. Cent. Code § 12-66-01 — ND Code / Title 12 / Chapter 12-66 / Section 12-66-01
12-66-01. Compact for juveniles
Status: in_force

12-66-01. Compact for juveniles

This interstate compact for juveniles is entered with all jurisdictions legally joining the

compact in the form substantially as follows:

ARTICLE I - PURPOSE

The compacting states to this interstate compact recognize that each state is responsible

for the proper supervision or return of juveniles, delinquents, and status offenders who are on

probation or parole and who have absconded, escaped, or run away from supervision and

control and in so doing have endangered their own safety and the safety of others. The

compacting states also recognize that each state is responsible for the safe return of juveniles

who have run away from home and in doing so have left their state of residence. The

compacting states also recognize that the United States Congress, by enacting the Crime

Control Act [Pub. L. 89-554; 80 Stat. 608; 4 U.S.C. 112] has authorized and encouraged

compacts for cooperative efforts and mutual assistance in the prevention of crime.

It is the purpose of this compact, through means of joint and cooperative action among the

compacting states to:

1. Ensure that the adjudicated juveniles and status offenders subject to this compact are

provided adequate supervision and services in the receiving state as ordered by the

adjudicating judge or parole authority in the sending state;

2. Ensure that the public safety interests of the citizens, including the victims of juvenile

offenders, in both the sending and receiving states are adequately protected;

3. Return juveniles who have run away, absconded, or escaped from supervision or

control or have been accused of an offense to the state requesting their return;

4. Make contracts for the cooperative institutionalization in public facilities in member

states for delinquent youth needing special services;

5. Provide for the effective tracking and supervision of juveniles;

6. Equitably allocate the costs, benefits, and obligations of the compacting states;

7. Establish procedures to manage the movement between states of juvenile offenders

released to the community under the jurisdiction of courts, juvenile departments, or

any other criminal or juvenile justice agency that has jurisdiction over juvenile

offenders;

8. Ensure immediate notice to jurisdictions where defined offenders are authorized to

travel or to relocate across state lines;

9. Establish procedures to resolve pending charges against juvenile offenders before

transfer or release to the community under the terms of this compact;

10. Establish a system of uniform data collection on information pertaining to juveniles

subject to this compact that allows access by authorized juvenile justice and criminal

justice officials, and regular reporting of compact activities to heads of state executive,

judicial, and legislative branches and juvenile and criminal justice administrators;

11. Monitor compliance with rules governing interstate movement of juveniles and initiate

interventions to address and correct noncompliance;

12. Coordinate training and education regarding the regulation of interstate movement of

juveniles for officials involved in such activity; and

13. Coordinate the implementation and operation of the compact with the interstate

compact for the placement of children, the interstate compact for adult offender

supervision, and other compacts affecting juveniles particularly in those cases where

concurrent or overlapping supervision issues arise. It is the policy of the compacting

states that the activities conducted by the interstate commission are the formation of

public policies and therefore are public business, and the compacting states shall

cooperate and observe their individual and collective duties and responsibilities for the

prompt return and acceptance of juveniles subject to the provisions of this compact.

The provisions of this compact must be reasonably and liberally construed to

accomplish the purposes and policies of the compact.

ARTICLE II - DEFINITIONS

As used in this compact, unless the context requires otherwise:

1. "Bylaws" means those bylaws established by the commission for its governance, or for

directing or controlling its actions or conduct.

2. "Commission" means the interstate commission for juveniles created by article 3 of this

compact.

3. "Commissioner" means the voting representative of each compacting state appointed

pursuant to article 3 of this compact.

4. "Compact administrator" means the individual in each compacting state appointed

pursuant to the terms of this compact, responsible for the administration and

management of the state's supervision and transfer of juveniles subject to the terms of

this compact, the rules adopted by the commission, and policies adopted by the state

council under this compact.

5. "Compacting state" means any state that has enacted the enabling legislation for this

compact.

6. "Court" means any court having jurisdiction over delinquent, neglected, or dependent

children.

7. "Deputy compact administrator" means the individual, if any, in each compacting state

appointed to act on behalf of a compact administrator.

8. "Juvenile" means any individual defined as a juvenile in any member state or by the

rules of the interstate commission, including:

a. An accused delinquent, who is an individual charged with an offense that, if

committed by an adult, would be a criminal offense;

b. An adjudicated delinquent, who is an individual found to have committed an

offense that, if committed by an adult, would be a criminal offense;

c. An accused status offender, who is an individual charged with an offense that

would not be a criminal offense if committed by an adult;

d. An adjudicated status offender, who is an individual found to have committed an

offense that would not be a criminal offense if committed by an adult; and

e. A nonoffender, who is an individual in need of supervision who has not been

accused or adjudicated a status offender or delinquent.

9. "Noncompacting state" means any state that has not enacted the enabling legislation

for this compact.

10. "Probation or parole" means any kind of supervision or conditional release of juveniles

authorized under the laws of the compacting states.

11. "State" means a state of the United States, the District of Columbia, or its designee,

the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American

Samoa, and the Northern Marianas Islands.

ARTICLE III - INTERSTATE COMMISSION FOR JUVENILES

1. The compacting states create the interstate commission for juveniles. The commission

is a body corporate and joint agency of the compacting states. The commission has all

the responsibilities, powers, and duties set forth in this compact, and any additional

powers as may be conferred upon it by subsequent action of the respective

legislatures of the compacting states in accordance with the terms of this compact.

2. The commission consists of commissioners appointed by the appropriate appointing

authority in each state pursuant to the rules and requirements of each compacting

state and in consultation with the state council for interstate juvenile supervision. The

commissioner is the compact administrator, deputy compact administrator, or designee

from that state who serves on the commission in that capacity under or pursuant to the

applicable law of the compacting state.

3. In addition to the commissioners who are the voting representatives of each state, the

commission must include individuals who are not commissioners, but who are

members of interested organizations. The noncommissioner members include a

member of the national organizations of governors, legislators, state chief justices,

attorneys general, interstate compact for adult offender supervision, interstate compact

for the placement of children, juvenile justice and juvenile corrections officials, and

crime victims. All noncommissioner members of the commission are nonvoting

members. The commission may provide in its bylaws for other additional nonvoting

members, including members of other national organizations, in those numbers as

determined by the commission.

4. Each compacting state represented at any meeting of the commission is entitled to

one vote. A majority of the compacting states constitutes a quorum for the transaction

of business, unless a larger quorum is required by the bylaws of the commission.

5. The commission shall meet at least once each calendar year. The chairman may call

additional meetings and, upon the request of a simple majority of the compacting

states, shall call additional meetings. Public notice must be given of all meetings and

meetings must be open to the public.

6. The commission shall establish an executive committee that includes commission

officers, members, and others as determined by the bylaws. The executive committee

shall act on behalf of the commission during periods when the commission is not in

session, with the exception of rulemaking or amendment to the compact. The

executive committee oversees the day-to-day activities of the administration of the

compact managed by an executive director and commission staff; administers

enforcement and compliance with the provisions of the compact, its bylaws and rules,

and performs any other duties as directed by the commission or set forth in the

bylaws.

7. Each member of the commission is entitled to cast a vote to which that compacting

state is entitled and to participate in the business and affairs of the interstate

commission. A member shall vote in person and may not delegate a vote to another

compacting state. However, a commissioner, in consultation with the state council,

shall appoint another authorized representative, in the absence of the commissioner

from that state, to cast a vote on behalf of the compacting state at a specified meeting.

The bylaws may provide for members' participation in meetings by telephone or other

means of telecommunication or electronic communication.

8. The commission's bylaws must establish conditions and procedures under which the

commission makes its information and official records available to the public for

inspection or copying. The commission may exempt from disclosure any information or

official records to the extent the information or records would adversely affect personal

privacy rights or proprietary interests.

9. Public notice must be given of all meetings and all meetings are open to the public,

except as set forth in the rules or as otherwise provided in the compact. The

commission and any of its committees may close a meeting to the public when it

determines by two-thirds vote that an open meeting would be likely to:

a. Relate solely to the commission's internal personnel practices and procedures;

b. Disclose matters specifically exempted from disclosure by statute;

c. Disclose trade secrets or commercial or financial information that is privileged or

confidential;

d. Involve accusing any person of a crime or formally censuring any person;

e. Disclose information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

f. Disclose investigative records compiled for law enforcement purposes;

g. Disclose information contained in or related to examination, operating or condition

reports prepared by, or on behalf of or for the use of, the commission with respect

to a regulated person for the purpose of regulation or supervision of that person;

h. Disclose information, the premature disclosure of which would significantly

endanger the stability of a regulated person; or

i. Specifically relate to the commission's issuance of a subpoena or its participation

in a legal proceeding.

10. For every meeting closed pursuant to this provision, the commission's legal counsel

shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to

the public and shall reference each relevant exemptive provision. The commission

shall keep minutes that fully and clearly describe all matters discussed in any meeting

and shall provide a full and accurate summary of any actions taken and the reasons

therefor, including a description of each of the views expressed on any item and the

record of any roll call vote. All documents considered in connection with any action

must be identified in the minutes.

11. The commission shall collect standardized data concerning the interstate movement of

juveniles as directed through its rules which shall specify the data to be collected, the

means of collection and data exchange, and reporting requirements. The methods of

data collection, exchange, and reporting, insofar as is reasonably possible, must

conform to up-to-date technology and coordinate its information functions with the

appropriate repository of records.

ARTICLE IV - POWERS AND DUTIES OF THE COMMISSION

The commission has the following powers and duties:

1. To provide for dispute resolution among compacting states.

2. To adopt rules to effect the purposes and obligations as enumerated in this compact,

which have the force and effect of law and are binding in the compacting states to the

extent and in the manner provided in this compact.

3. To oversee, supervise, and coordinate the interstate movement of juveniles subject to

the terms of this compact and any bylaws adopted and rules adopted by the

commission.

4. To enforce compliance with the compact provisions, the rules adopted by the

commission, and the bylaws, using all necessary and proper means, including the use

of judicial process.

5. To establish and maintain offices located within one or more of the compacting states.

6. To purchase and maintain insurance and bonds.

7. To borrow, accept, hire, or contract for services of personnel.

8. To establish and appoint committees and hire staff it determines necessary for the

carrying out of its functions, including an executive committee as required by article 3,

which has the power to act on behalf of the commission in carrying out its powers and

duties under this compact.

9. To elect or appoint officers, attorneys, employees, agents, or consultants, and to fix

their compensation, define their duties, and determine their qualifications, and to

establish the commission's personnel policies and programs relating to conflicts of

interest, rates of compensation, and qualifications of personnel.

10. To accept, use, and dispose of donations and grants of money, equipment, supplies,

materials, and services.

11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold,

improve, or use any property.

12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of

any property.

13. To establish a budget and make expenditures and levy dues as provided in article 8 of

this compact.

14. To sue and be sued.

15. To adopt a seal and bylaws governing the management and operation of the

commission.

16. To perform such functions as may be necessary or appropriate to achieve the

purposes of this compact.

17. To report annually to the legislatures, governors, judiciary, and state councils of the

compacting states concerning the activities of the commission during the preceding

year. Reports must include any recommendations that may have been adopted by the

commission.

18. To coordinate education, training, and public awareness regarding the interstate

movement of juveniles for officials involved in that activity.

19. To establish uniform standards of the reporting, collecting, and exchanging of data.

20. To maintain its corporate books and records in accordance with the bylaws.

ARTICLE V - ORGANIZATION AND OPERATION OF THE COMMISSION

1. The commission, by a majority of the members present and voting, within twelve

months after the first commission meeting, shall adopt bylaws to govern its conduct as

may be necessary or appropriate to carry out the purposes of the compact, including:

a. Establishing the fiscal year of the commission;

b. Establishing an executive committee and any other committee as may be

necessary;

c. Providing for the establishment of committees governing any general or specific

delegation of any authority or function of the interstate commission;

d. Providing reasonable procedures for calling and conducting meetings of the

commission and ensuring reasonable notice of each meeting;

e. Establishing the titles and responsibilities of the officers of the commission;

f. Providing a mechanism for concluding the operations of the commission and the

return of any surplus funds that may exist upon the termination of the compact

after the payment or reserving of all of its debts and obligations;

g. Providing startup rules for initial administration of the compact; and

h. Establishing standards and procedures for compliance and technical assistance

in carrying out the compact.

2. The commission, by a majority of the members, shall elect annually from among its

members a chairman and a vice chairman, each of whom has the authority and duties

as may be specified in the bylaws. The chairman or, in the chairman's absence or

disability, the vice chairman shall preside at all meetings of the commission. The

officers so elected serve without compensation or remuneration from the commission,

provided that, subject to the availability of budgeted funds, the officers are reimbursed

for any ordinary and necessary costs and expenses incurred by them in the

performance of their duties and responsibilities as officers of the interstate

commission.

3. The commission, through its executive committee, shall appoint or retain an executive

director for a period, upon the terms and conditions, and for the compensation as the

commission determines appropriate. The executive director shall serve as secretary to

the commission, but may not be a member, and shall hire and supervise any other

staff as may be authorized by the commission.

4. a. The commission's executive director and employees are immune from suit and

liability, either personally or in their official capacity, for any claim for damage to or

loss of property or personal injury or other civil liability caused or arising out of or

relating to any actual or alleged act, error, or omission that occurred, or that the

person had a reasonable basis for believing occurred within the scope of

commission employment, duties, or responsibilities; provided, that the individual

is not protected from suit or liability for any damage, loss, injury, or liability caused

by the intentional or willful and wanton misconduct.

b. The liability of any commissioner, or the employee or agent of a commissioner,

acting within the scope of that individual's employment or duties for acts, errors,

or omissions occurring within that individual's state may not exceed the limits of

liability set forth under the constitution and laws of that state for state officials,

employees, and agents. This subdivision does not protect any individual from suit

or liability for any damage, loss, injury, or liability caused by the intentional or

willful and wanton misconduct of that individual.

c. The commission shall defend the executive director or the employees or

representatives of the commission and, subject to the approval of the attorney

general of the state represented by any commissioner of a compacting state,

shall defend the commissioner or the commissioner's representatives or

employees in any civil action seeking to impose liability arising out of any actual

or alleged act, error or omission that occurred within the scope of commission

employment, duties, or responsibilities, or that the defendant had a reasonable

basis for believing occurred within the scope of commission employment, duties,

or responsibilities, provided that the actual or alleged act, error, or omission did

not result from intentional or willful and wanton misconduct on the part of that

individual.

d. The commission shall indemnify and hold the commissioner of a compacting

state, or the commissioner's representatives or employees, or the commission's

representatives or employees, harmless in the amount of any settlement or

judgment obtained against the individuals arising out of any actual or alleged act,

error, or omission that occurred within the scope of commission employment,

duties, or responsibilities, or that the individuals had a reasonable basis for

believing occurred within the scope of commission employment, duties, or

responsibilities, provided that the actual or alleged act, error, or omission did not

result from the intentional or willful and wanton misconduct on the part of the

individuals.

ARTICLE VI - RULEMAKING FUNCTIONS OF THE COMMISSION

1. The commission shall adopt and publish rules to effectively and efficiently achieve the

purposes of the compact.

2. Rulemaking must occur pursuant to the criteria set forth in this article and the bylaws

and rules adopted pursuant to this article. The rulemaking must substantially conform

to the principles of the Model State Administrative Procedures Act, 1981 Act, Uniform

Laws Annotated, Vol. 15, p.1 (2000), or any other administrative procedures act, as the

interstate commission deems appropriate consistent with due process requirements

under the Constitution of the United States. All rules and amendments become binding

as of the date specified, as published with the final version of the rule as approved by

the commission.

3. When adopting a rule, the commission shall:

a. Publish the proposed rule's entire text stating the reason for that proposed rule;

b. Allow and invite any person to submit written data, facts, opinions, and arguments

which must be added to the record, and be made publicly available;

c. Provide an opportunity for an informal hearing if petitioned by ten or more

persons; and

d. Adopt a final rule and its effective date, if appropriate, based on comment from

interested parties or state or local officials.

4. Not later than sixty days after a rule is adopted, any interested person may file a

petition in the United States district court for the District of Columbia or in the federal

district court where the commission's principal office is located for judicial review of the

rule. If the court finds that the commission's action is not supported by substantial

evidence in the rulemaking record, the court shall hold the rule unlawful and set it

aside. For purposes of this subsection, evidence is substantial if it would be

considered substantial evidence under the Model State Administrative Procedures Act.

5. If a majority of the legislatures of the compacting states rejects a rule, those states, by

enactment of a statute or resolution in the same manner used to adopt the compact,

may cause that the rule has no further force and effect in any compacting state.

6. The existing rules governing the operation of the interstate compact on juveniles

superseded by this act are void twelve months after the first meeting of the

commission.

7. Upon determination by the commission that a state of emergency exists, the

commission may adopt an emergency rule that becomes effective immediately upon

adoption, provided that the usual rulemaking procedures provided in this article are

retroactively applied to the rule as soon as reasonably possible, but no later than

ninety days after the effective date of the emergency rule.

ARTICLE VII - OVERSIGHT, ENFORCEMENT,

AND DISPUTE RESOLUTION BY THE COMMISSION

1. The commission shall oversee the administration and operations of the interstate

movement of juveniles subject to this compact in the compacting states and shall

monitor those activities being administered in noncompacting states which may

significantly affect compacting states.

2. The courts and executive agencies in each compacting state shall enforce this

compact and shall take all actions necessary and appropriate to effectuate the

compact's purposes and intent. This compact and the rules adopted under this

compact must be received by all the judges, public officers, commissions, and

departments of the state government as evidence of the authorized statute and

administrative rules. All courts must take judicial notice of the compact and the rules.

In any judicial or administrative proceeding in a compacting state pertaining to the

subject matter of this compact which may affect the powers, responsibilities, or actions

of the interstate commission, the commission is entitled to receive all service of

process in the proceeding, and has standing to intervene in the proceeding for all

purposes.

3. The compacting states shall report to the commission on all issues and activities

necessary for the administration of the compact as well as issues and activities

pertaining to compliance with the provisions of the compact and its bylaws and rules.

4. The commission shall attempt, upon the request of a compacting state, to resolve any

disputes or other issues that are subject to the compact and which may arise among

compacting states and between compacting and noncompacting states. The

commission shall adopt a rule providing for both mediation and binding dispute

resolution for disputes among the compacting states.

5. The commission, in the reasonable exercise of its discretion, shall enforce the

provisions and rules of this compact using any or all means set forth in article 11 of this

compact.

ARTICLE VIII - FINANCE

1. The commission shall pay or provide for the payment of the reasonable expenses of

its establishment, organization, and ongoing activities.

2. The commission shall levy on and collect an annual assessment from each

compacting state to cover the cost of the internal operations and activities of the

commission and the commission's staff, which must be in a total amount sufficient to

cover the commission's annual budget as approved each year. The aggregate annual

assessment amount must be allocated based upon a formula to be determined by the

commission, taking into consideration the population of each compacting state and the

volume of interstate movement of juveniles in each compacting state and shall adopt a

rule binding upon all compacting states which governs the assessment.

3. The commission may not incur any obligations of any kind before securing the funds

adequate to meet the obligations, nor may the commission pledge the credit of any of

the compacting states, except by and with the authority of the compacting state.

4. The commission shall keep accurate accounts of all receipts and disbursements. The

receipts and disbursements of the commission are subject to the audit and accounting

procedures established under its bylaws. However, all receipts and disbursements of

funds handled by the commission must be audited yearly by a certified or licensed

public accountant and the report of the audit must be included in and become part of

the annual report of the commission.

ARTICLE IX - COMPACT ADMINISTRATOR AND STATE COUNCIL

1. The director of the department of corrections and rehabilitation, or the director's

designee, shall serve as the compact administrator for this state's commissioner to the

commission.

2. The North Dakota state council for interstate juvenile supervision is established,

consisting of seven members. The director of the department of corrections and

rehabilitation, or the director's designee, is a member of the state council and serves

as chairman. Of the remaining members of the state council:

a. The governor shall appoint three members, one of whom must represent a crime

victim's organization; and

b. The chief justice of the supreme court shall appoint one member and the

chairman of the legislative council shall appoint one member from the house of

representatives and one member from the senate.

3. The term of office of a member is four years.

4. The state council shall meet at least twice a year.

5. The state council may advise the compact administrator on participation in the

commission activities and administration of the compact.

6. Members of the state council are entitled to expenses as provided in sections

44-08-04 and 54-06-09. Legislative assembly members also are entitled to

compensation at the rate provided in section 54-35-10.

ARTICLE X - COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT

1. Any state is eligible to become a compacting state.

2. The compact becomes effective and binding upon legislative enactment of the

compact into law by no less than thirty-five states. The initial effective date is the later

of July 1, 2004, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter,

the compact becomes effective and binding, as to any other compacting state, upon

enactment of the compact into law by that state. The governors of nonmember states

or their designees must be invited to participate in the activities of the commission on a

nonvoting basis before the adoption of the compact by all states and territories of the

United States.

3. The commission may propose amendments to the compact for enactment by the

compacting states. An amendment does not become effective and binding upon the

commission and the compacting states until it is enacted into law by unanimous

consent of the compacting states.

ARTICLE XI - WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT

1. Once effective, the compact continues in force and remains binding upon every

compacting state, but a compacting state may withdraw from the compact by

specifically repealing the statute that enacted the compact into law. The effective date

of withdrawal is the effective date of the repeal. The withdrawing state shall notify the

chairman of the commission in writing upon the introduction of legislation repealing this

compact in the withdrawing state. The commission shall notify the other compacting

states of the withdrawing state's intent to withdraw within sixty days of receipt of the

notice. The withdrawing state is responsible for all assessments, obligations, and

liabilities incurred through the effective date of withdrawal, including any obligations

the performance of which extend beyond the effective date of withdrawal.

Reinstatement following withdrawal of any compacting state occurs upon the

withdrawing state re-enacting the compact or upon a later date as determined by the

interstate commission.

2. If the commission determines that any compacting state has at any time defaulted in

the performance of any of its obligations or responsibilities under this compact or the

bylaws or rules of the commission, the commission may impose any or all of the

following penalties:

a. Remedial training and technical assistance as directed by the commission;

b. Alternative dispute resolution;

c. Fines, fees, and costs in those amounts as are determined to be reasonable as

fixed by the commission; and

d. Suspension or termination of membership in the compact, which may be imposed

only after all other reasonable means of securing compliance under the bylaws

and rules have been exhausted and the commission has determined that the

offending state is in default.

(1) Immediate notice of suspension must be given by the commission to the

governor, the chief justice or the chief judicial officer of the state, the majority

and minority leaders of the defaulting state's legislature, and the state

council. The grounds for default include failure of a compacting state to

perform the obligations or responsibilities imposed upon the state by this

compact, the bylaws, or rules and any other grounds designated in

commission bylaws and rules. The commission shall notify the defaulting

state in writing of the penalty imposed by the commission and of the default

pending a cure of the default. The commission shall stipulate the conditions

and the time period within which the defaulting state must cure its default. If

the defaulting state fails to cure the default within the time period specified

by the commission, the defaulting state must be terminated from the

compact upon an affirmative vote of a majority of the compacting states and

all rights, privileges, and benefits conferred by this compact must be

terminated from the effective date of termination.

(2) Within sixty days of the effective date of termination of a defaulting state, the

commission shall notify the governor, the chief justice or chief judicial officer,

the majority and minority leaders of the defaulting state's legislature, and the

state council of the termination. The defaulting state is responsible for all

assessments, obligations, and liabilities incurred through the effective date

of termination, including any obligations the performance of which extends

beyond the effective date of termination. The commission does not bear any

costs relating to the defaulting state unless otherwise mutually agreed upon

in writing between the commission and the defaulting state. Reinstatement

following termination of any compacting state requires both a re-enactment

of the compact by the defaulting state and the approval of the commission

pursuant to the rules.

3. The commission, by majority vote of the members, may initiate legal action in the

United States district court for the District of Columbia or, at the discretion of the

commission, in the federal district where the commission has its offices, to enforce

compliance with the compact, its duly promulgated rules, and bylaws against any

compacting state in default. If judicial enforcement is necessary, the prevailing party

must be awarded all costs of the litigation, including reasonable attorney's fees.

4. The compact dissolves effective upon the date of the withdrawal or default of the

compacting state which reduces membership in the compact to one compacting state.

Upon the dissolution of this compact, the compact becomes void and the business and

affairs of the commission must be concluded and any surplus funds must be

distributed in accordance with the bylaws.

ARTICLE XII - BINDING EFFECT OF COMPACT AND OTHER LAWS

1. This compact does not prevent the enforcement of any other law of a compacting state

which is consistent with this compact. All compacting states' laws other than the

Constitution of North Dakota and other interstate compacts conflicting with this

compact are superseded to the extent of the conflict.

2. All lawful actions of the commission, including all rules and bylaws adopted by the

commission, are binding upon the compacting states.

3. All agreements between the commission and the compacting states are binding in

accordance with their terms.

4. Upon the request of a party to a conflict over meaning or interpretation of commission

actions, and upon a majority vote of the compacting states, the commission may issue

advisory opinions regarding the meaning or interpretation.

5. In the event any provision of this compact exceeds the constitutional limits imposed on

the legislature of any compacting state, the obligations, duties, powers, or jurisdiction

sought to be conferred by the provision upon the commission are ineffective and the

obligations, duties, powers, or jurisdiction remain in the compacting state and must be

exercised by the agency to which the obligations, duties, powers, or jurisdiction are

delegated by law in effect at the time this compact becomes effective.
N.D. Cent. Code § 12-46-02 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-02
12-46-02. Within jurisdiction of Morton County
Status: in_force

12-46-02. Within jurisdiction of Morton County

The North Dakota youth correctional center and grounds and premises thereof, for the

purpose of all judicial proceedings, shall be deemed to be within and a part of the county of

Morton, and the courts of said county shall have jurisdiction of all crimes or public offenses

committed within the same.
N.D. Cent. Code § 12-45-04 — ND Code / Title 12 / Chapter 12-45 / Section 12-45-04
12-45-04. Return of inquest
Status: in_force

12-45-04. Return of inquest

The officer holding the inquest provided for in section 12-45-01, within ten days after its

conclusion, shall return the inquisition of the jury, the written testimony of the witnesses, and a

list of the witnesses who testified to material matter at such inquest, to the clerk of the district

court of Burleigh or Morton County, as the case may be, and the clerk shall file and retain the

same in his office as a public record.
N.D. Cent. Code § 12-46-01 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-01
12-46-01. Youth correctional center - Location - Purpose - Name
Status: in_force

12-46-01. Youth correctional center - Location - Purpose - Name

The North Dakota youth correctional center must be located at the city of Mandan in the

county of Morton. The North Dakota youth correctional center is the general reform and

correctional facility of the state for the detention, instruction, and reformation of juveniles of both

sexes who are committed to it according to law.
N.D. Cent. Code § 12-59-16 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-16
12-59-16. Execution of order of recommitment - Fees and payment thereof
Status: repealed

12-59-16. Execution of order of recommitment - Fees and payment thereof

Repealed by S.L. 1997, ch. 116, § 10.
N.D. Cent. Code § 12-47-31 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-31
12-47-31. Discharge of offenders
Status: in_force

12-47-31. Discharge of offenders

1. The department of corrections and rehabilitation, in coordination with the department

of transportation, shall facilitate a process for offenders applying for photo

identification, including a driver's license, nondriver identification card, temporary

driver's license, or temporary nondriver identification card.

2. The department of corrections and rehabilitation shall provide an offender released

from the department appropriate clothing and transportation to a reasonable point as

specified in the release plan, based upon need.

3. The department of corrections and rehabilitation, in cooperation with the department of

health and human services, shall connect all eligible offenders to Medicaid assistance

or other health and human services programs before the offender is released from the

department.
N.D. Cent. Code § 12-59-14 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-14
12-59-14. Psychiatric evaluation - Transfer to state hospital
Status: in_force

12-59-14. Psychiatric evaluation - Transfer to state hospital

The parole board may cause any person who has been paroled under the provisions of this

chapter to be given psychiatric evaluation or to be transferred to the state hospital for diagnosis

and disposition according to such conditions as may be prescribed by the board.
N.D. Cent. Code § 12-44.1-18.1 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-18.1
12-44.1-18.1. Inmate work release program
Status: in_force

12-44.1-18.1. Inmate work release program

A correctional facility may provide for a work release program for inmates unless the court

has ordered that an inmate may not receive work release. Work release projects may include

public service and community service projects, and may utilize any particular skill or trade of

participating inmates. The correctional facility shall take measures to maintain correctional

facility security and safety and to protect the safety of the public.
N.D. Cent. Code § 12-60-16.7 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-16.7
12-60-16.7. Criminal history record information - Prohibited dissemination
Status: in_force

12-60-16.7. Criminal history record information - Prohibited dissemination

If dissemination is prohibited under section 12-60-16.6, or there is no information, the

bureau shall provide the following answer to the requester: "No information is available because

either no information exists or dissemination is prohibited."
N.D. Cent. Code § 12-63-07 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-07
12-63-07. Examination for license
Status: in_force

12-63-07. Examination for license

1. Only a person satisfying the requirements of subsections 1 through 5 of section

12-63-06 may apply for examination. The application must be filed in the manner the

board prescribes and be accompanied by the fee prescribed under section 12-63-05.

The fee is nonrefundable. A person who fails an examination may apply for

re-examination upon payment of the prescribed fee.

2. Each applicant for licensing must be examined by written examination as established

by the board.

3. Applicants for licensing must be examined at a time and place and under supervision

as the board requires.

4. Applicants may obtain their examination scores and may review their papers in

accordance with rules adopted by the board.
N.D. Cent. Code § 12-46-21 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-21
12-46-21. Aiding inmates to escape - Misdemeanor
Status: repealed

12-46-21. Aiding inmates to escape - Misdemeanor

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 12-44.1-18.2 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-18.2
12-44.1-18.2. Work release program - Room and board costs to be paid by inmate
Status: in_force

12-44.1-18.2. Work release program - Room and board costs to be paid by inmate

Any inmate who participates in a work release program shall pay the correctional facility for

the room and board costs incurred by the inmate while confined in the correctional facility,

residential halfway house, or similar alternative facility. The administrator shall determine the

amount of meal and lodging costs to be paid by the inmate. The amount to be paid by the

inmate while confined in a correctional facility may not exceed twenty dollars per day or the

funds earned by the inmate, whichever is less. The amount to be paid by the inmate while

placed in a residential halfway house or similar alternative facility may not exceed the actual

cost per day or the funds earned by the inmate, whichever is less.
N.D. Cent. Code § 12-52-05 — ND Code / Title 12 / Chapter 12-52 / Section 12-52-05
12-52-05. Officer's fee on recommitment - Exception
Status: in_force

12-52-05. Officer's fee on recommitment - Exception

The fee of any officer, except an officer or employee of the North Dakota youth correctional

center, executing an order of the director of the division of juvenile services for the apprehension

and return of a person to the North Dakota youth correctional center must be the same as that

for like service in criminal actions.
N.D. Cent. Code § 12-46-06 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-06
12-46-06. Salary of superintendent, officers, and employees
Status: repealed

12-46-06. Salary of superintendent, officers, and employees

Repealed by S.L. 2009, ch. 273, § 9.
N.D. Cent. Code § 12-44.1-33 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-33
12-44.1-33. Inmate medical care costs
Status: in_force

12-44.1-33. Inmate medical care costs

An inmate is financially responsible for the costs of medical or health care, except for an

intake health care assessment and related testing for an examination of the inmate made at the

request of the facility. The correctional facility may seek reimbursement from the inmate up to

the total amount of incurred medical or health care costs. If the inmate has health insurance

coverage, a medical or health care provider shall file a claim for reimbursement from the health

insurance provider. If the inmate does not have health insurance coverage and the inmate's

medical or health care costs are the responsibility of the correctional facility, the correctional

facility's responsibility may not exceed the rates paid under the federal Medicare program. If

elective medical or health care is allowed by a correctional facility policy, the inmate must

arrange payment for elective medical or health care before receiving care.
N.D. Cent. Code § 12-47-32 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-32
12-47-32. Cash payments - Office of management and budget may issue warrant
Status: repealed

12-47-32. Cash payments - Office of management and budget may issue warrant

Repealed by S.L. 1999, ch. 114, § 3.
N.D. Cent. Code § 12-63-02.3 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-02.3
12-63-02.3. Reserve peace officer - License
Status: in_force

12-63-02.3. Reserve peace officer - License

1. Except as otherwise provided in this section, all provisions of this chapter apply to

licensed reserve peace officers.

2. The board shall issue a reserve peace officer license to an individual who is appointed

by a criminal justice agency and meets the requirements of this chapter and the rules

established by the board.

3. A criminal justice agency may appoint a licensed reserve peace officer to supplement

and assist a licensed peace officer. If a criminal justice agency appoints a licensed

reserve peace officer, the licensed reserve peace officer must be under the

supervision of a licensed peace officer designated by the criminal justice agency.

4. A licensed reserve peace officer may not exercise reserve peace officer functions

when off duty.

5. The board shall establish criteria for reserve licenses.
N.D. Cent. Code § 12-63-08 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-08
12-63-08. Exception from training requirement - Issuance of certain licenses as of right
Status: repealed

12-63-08. Exception from training requirement - Issuance of certain licenses as of

right.

Repealed by S.L. 2013, ch. 101, § 3.
N.D. Cent. Code § 12-60-06 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-06
12-60-06. Furnishing of equipment
Status: in_force

12-60-06. Furnishing of equipment

The attorney general shall provide the bureau with necessary furniture, fixtures, apparatus,

appurtenances, appliances, materials, and equipment as the attorney general deems necessary

for the collection, filing, and preservation of all records required by law to be filed with the

bureau or which the attorney general may authorize to require or procure respecting the

identification and investigation of criminals, the investigation of crime and detection of the

perpetrators thereof, and identification and information concerning stolen, lost, found, pledged,

or pawned property.
N.D. Cent. Code § 12-59-13 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-13
12-59-13. Indeterminate sentence - Release of prisoner to parole
Status: repealed

12-59-13. Indeterminate sentence - Release of prisoner to parole

Repealed by S.L. 1973, ch. 116, § 41.
N.D. Cent. Code § 12-52-06 — ND Code / Title 12 / Chapter 12-52 / Section 12-52-06
12-52-06. Parole violator guilty of misdemeanor
Status: repealed

12-52-06. Parole violator guilty of misdemeanor

Repealed by S.L. 1975, ch. 106, § 673; 1975, ch. 109, § 8.
N.D. Cent. Code § 12-60-17 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-17
12-60-17. Superintendent to make rules and regulations
Status: in_force

12-60-17. Superintendent to make rules and regulations

The superintendent, pursuant to chapter 28-32, shall make and promulgate such rules and

regulations, not inconsistent with the provisions of this chapter, as may be necessary and proper

for the efficient performance of the bureau's duties. Such rules and regulations must be

forwarded to each state's attorney, sheriff, marshal, or other peace officer, and each of said

officers shall assist the superintendent in the performance of the superintendent's duties by

complying with such rules and regulations.
N.D. Cent. Code § 12-48-18 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-18
12-48-18. Disposition of earnings of inmate who has no dependent relatives
Status: repealed

12-48-18. Disposition of earnings of inmate who has no dependent relatives

Repealed by S.L. 1975, ch. 111, § 6.
N.D. Cent. Code § 12-60-12 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-12
12-60-12. Officer may send fingerprints of persons having certain property in possession
Status: repealed

12-60-12. Officer may send fingerprints of persons having certain property in

possession.

Repealed by S.L. 1987, ch. 162, § 12.
N.D. Cent. Code § 12-59-09 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-09
12-59-09. Inmates subject to jurisdiction of parole board
Status: in_force

12-59-09. Inmates subject to jurisdiction of parole board

All inmates sentenced to the legal and physical custody of the department of corrections

and rehabilitation are subject to the jurisdiction of the parole board, except when parole for the

inmate is prohibited by statute.
N.D. Cent. Code § 12-60-13.1 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-13.1
12-60-13.1. County and city officials to furnish crime statistics to superintendent
Status: repealed

12-60-13.1. County and city officials to furnish crime statistics to superintendent

Repealed by S.L. 1983, ch. 556, § 6.
N.D. Cent. Code § 12-44.1-31 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-31
12-44.1-31. Contracts for out-of-state inmates - Requirements
Status: in_force

12-44.1-31. Contracts for out-of-state inmates - Requirements

The governing body of a correctional facility that contracts with another 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 is subject to the following conditions:

1. Before a correctional facility may accept an out-of-state inmate, the governing body of

the correctional facility shall approve and sign the contract that authorizes housing

out-of-state inmates.

2. Before accepting an out-of-state inmate, the administrator of the correctional facility

shall review the out-of-state inmate's file and request a nationwide criminal history

background check. The administrator may not accept:

a. Any inmate with a history of escape or attempted escape from official detention

as defined under section 12.1-08-06 or under an equivalent federal statute or

statute of another state;

b. Any inmate with a history of institutional violence, including violence against staff

or other inmates;

c. Any inmate who has pled guilty to, or has been convicted of, a crime of violence.

For the purpose of this section, a crime of violence includes kidnapping and any

violation of any state or federal law when the inmate knowingly or intentionally

inflicted, attempted to inflict, or threatened serious bodily injury, or death, or when

the inmate was armed with a firearm, dangerous weapon, or destructive device;

d. An inmate who has been convicted of aggravated assault involving substantial or

serious bodily injury, and the offense is a felony under the laws of the sending

state or under federal law, unless the administrator has obtained the approval of

the department of corrections and rehabilitation in advance of the placement. The

state of North Dakota and any officer or employee of the department is immune

from any civil liability for damages for personal injury or property damage caused

by an inmate placed in a correctional facility under this subsection;

e. Any inmate who has pled guilty to, or has been convicted of, a sexual offense in

which the victim was a child under the age of fifteen years, or the inmate

compelled, or attempted to compel, the victim to submit by force or by threat of

imminent death, serious bodily injury, or kidnapping, or if in the course of the

offense, the inmate inflicted serious or substantial bodily injury on the victim; or

f. Any inmate who has a documented affiliation as a member of a criminal street

gang as defined under section 12.1-06.2-01 or equivalent statute of another state

or under federal law.

3. Out-of-state inmates may not be permitted to leave the premises of the correctional

facility except to comply with a court order or to receive medical care.

4. The correctional facility may not house out-of-state inmates in the same cells with

inmates of the department of corrections and rehabilitation.

5. A contract under this section must include a requirement that if an out-of-state inmate

is charged with committing a crime while in the custody of the correctional facility, the

sending state shall take custody of the inmate upon the request of the correctional

facility and the written consent of the state's attorney of the county where the

correctional facility is located. If the sending state takes custody of the inmate and the

state's attorney requests the inmate be returned to this state for prosecution, the

correctional facility is responsible for the cost of returning the inmate to this state for

prosecution. If an out-of-state inmate is convicted and sentenced to the legal and

physical custody of the department of corrections and rehabilitation for a crime

committed while in the custody of the correctional facility, the correctional facility shall

reimburse the department for its costs to confine the inmate until completion of the

term of imprisonment.

6. The department of corrections and rehabilitation may not assume custody of an

out-of-state inmate placed in a correctional facility in this state under a contract

between the governing body of a correctional facility and a sending state except under

a lawful sentence and judgment of a district court of this state and after notice to the

sending state.

7. If the state or a political subdivision of this state incurs any cost in the investigation or

prosecution of an offense committed by an out-of-state inmate while in the custody of a

contracting correctional facility, the correctional facility shall reimburse the state or

political subdivision for the costs incurred.

8. A contract under this section must include a requirement that the sending state shall

notify the correctional facility of the expiration date of the out-of-state inmate's

imprisonment when the sending state transfers the out-of-state inmate to the

correctional facility and that the sending state shall retake the out-of-state inmate

before the expiration date of the out-of-state inmate's imprisonment.

9. For purposes of this section, "out-of-state inmate" means an individual who is

convicted of a crime in a state other than North Dakota; "sending state" means another

state and includes a city, county, or regional correctional center of another state; and

"correctional facility" means a facility subject to this chapter.

10. The correctional facility shall defend, indemnify, and hold harmless the state of North

Dakota, its agencies, officers, and employees from and against claims for personal

injury or property damage caused by an out-of-state inmate placed in a correctional

facility under this section.
N.D. Cent. Code § 12-63-09 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-09
12-63-09. Limited license
Status: in_force

12-63-09. Limited license

1. The board may grant a limited license to an individual who has completed the

education, medical, psychological examination, criminal history background

investigation, and sidearm requirements of the board and this chapter.

2. The limited license allows the individual to perform peace officer duties in accordance

with the rules of the board.

3. After becoming employed as a peace officer, the individual shall attend the first

available basic full-time peace officer training course authorized by the board in

accordance with the rules of the board.

4. The limited license is limited to the jurisdiction in which the person is employed and is

valid until:

a. The individual has completed the first available basic full-time peace officer

training course authorized by the board; and

b. The individual has completed the licensing examination and has been issued a

peace officer license by the board.

5. The limited license may be renewed one time if the individual has failed the licensing

examination.

6. The limited license is subject to section 12-63-12.
N.D. Cent. Code § 12-60-20 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-20
12-60-20. Bureau to act as a consumer fraud bureau
Status: repealed

12-60-20. Bureau to act as a consumer fraud bureau

Repealed by S.L. 1983, ch. 556, § 6.
N.D. Cent. Code § 12-55.1-04 — ND Code / Title 12 / Chapter 12-55.1 / Section 12-55.1-04
12-55.1-04. Governor may remit fines and grant commutations, pardons, and reprieves
Status: in_force

12-55.1-04. Governor may remit fines and grant commutations, pardons, and

reprieves.

The governor has the power to remit fines and grant commutations, reprieves, pardons, and

conditional pardons after judgment of conviction. If the governor grants a conditional pardon, the

pardon must state the terms and conditions of the pardon. The governor shall sign every

commutation, reprieve, pardon, conditional pardon, or remission of fine granted by the governor.

The recommendations of the pardon advisory board and the determination of the governor are

not reviewable by any court.
N.D. Cent. Code § 12-63-03 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-03
12-63-03. Persons and practices not affected
Status: in_force

12-63-03. Persons and practices not affected

This chapter does not prevent or restrict the practice of peace officer duties or activities of:

1. Auxiliary personnel such as members of organized groups for purposes such as

posse, search and rescue, and security at dances, if the personnel operate as adjunct

to the police or sheriff's department, and do not have arrest powers or peace officer

authority delegated to the personnel by the department.

2. A person who provides private investigative services in this state.

3. A person doing private security work or any private security agency.

4. A person performing peace officer duties in an official capacity as a federal officer.
N.D. Cent. Code § 12-48-03.1 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-03.1
12-48-03.1. The director of the department of corrections and rehabilitation may establish and engage in prison industries
Status: in_force

12-48-03.1. The director of the department of corrections and rehabilitation may

establish and engage in prison industries.

1. The director of the department of corrections and rehabilitation may establish and

engage in prison industries the director deems necessary and which are of greatest

benefit to and in the best interest of the state of North Dakota, the department, and

offenders committed to the legal and physical custody of the department. The director

may also discontinue industries when necessary. The director shall make all rules and

regulations and do all things necessary or incidental to the establishing and

maintaining of prison industries including the manufacture, sale, or distribution of

prison industries produce or products, and, so far as is compatible with the efficient

operation of the industry, shall use offenders committed to the department as laborers

in prison industries. The director shall also do all things necessary and incidental to the

discontinuance of industries no longer necessary or beneficial to the department. The

department shall keep a true and accurate account of all receipts from the established

industries and deposit the earnings in an account as provided by law.

2. All products made in prison industries may be purchased directly by governmental

agencies, including federal, state, and tribal agencies and political subdivisions, for

use in official business, and by nonprofit organizations, excluding trade associations,

fraternal organizations, co-ops, and health insurance companies. Prison industries

may sell commissary items and prison industries-made clothing to inmates. Prison

industries-made products may also be sold through wholesale or retail outlets that

possess a valid sales tax permit, and if the products are manufactured under the

prison industries enhancement certification program under Public Law No. 96-157 [93

Stat. 1215; 18 U.S.C. 176(c)], in interstate commerce and through export firms for sale

to international markets.
N.D. Cent. Code § 12-47-23 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-23
12-47-23. Warden to maintain discipline
Status: in_force

12-47-23. Warden to maintain discipline

All necessary means shall be used, under the direction of the warden, to maintain order in

the penitentiary, enforce obedience, suppress insurrections, and prevent escapes.
N.D. Cent. Code § 12-46-15 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-15
12-46-15. Contents of order of commitment
Status: in_force

12-46-15. Contents of order of commitment

Every order of commitment to the custody of the division of juvenile services grants full

authority for treatment and transfer of any student to the administrators of the North Dakota

youth correctional center as provided by law, however, every order of commitment must specify

the date, as near as may be ascertained by the juvenile court, at which the accused will attain

majority. The date so ascertained and specified is conclusive for all purposes connected with the

youth correctional center. The committing judge shall make available to the division all pertinent

data, reports, evaluations, and documents in the court's possession with respect to the child at

the time of commitment or immediately thereafter.
N.D. Cent. Code § 12-65-01 — ND Code / Title 12 / Chapter 12-65 / Section 12-65-01
12-65-01. Compact for adult offender supervision
Status: in_force

12-65-01. Compact for adult offender supervision

The interstate compact for adult offender supervision is entered with all jurisdictions legally

joining the compact in the form substantially as follows:

ARTICLE I - PURPOSE

1. The compacting states to this interstate compact recognize that each state is

responsible for the supervision of adult offenders in the community who are authorized

pursuant to the bylaws and rules of this compact to travel across state lines both to

and from each compacting state in such a manner as to track the location of offenders,

transfer supervision authority in an orderly and efficient manner and, when necessary,

return offenders to the originating jurisdictions. The compacting states also recognize

that the United States Congress, by enacting 4 U.S.C. 112 [Pub. L. 89-554; 80

Stat. 608], has authorized and encouraged compacts for cooperative efforts and

mutual assistance in the prevention of crime.

2. It is the purpose of this compact and the interstate commission created under this

compact, through means of joint and cooperative action among the compacting states:

a. To provide the framework for the promotion of public safety and protect the rights

of victims through the control and regulation of the interstate movement of

offenders in the community;

b. To provide for the effective tracking, supervision, and rehabilitation of these

offenders by the sending and receiving states; and

c. To equitably distribute the costs, benefits, and obligations of the compact among

the compacting states.

3. In addition, this compact is intended to:

a. Create an interstate commission that will establish uniform procedures to manage

the movement between states of offenders placed under community supervision

and released to the community under the jurisdiction of courts, paroling

authorities, or corrections or other criminal justice agencies that will promulgate

rules to achieve the purpose of this compact;

b. Ensure an opportunity for comment and time notice to victims and to jurisdictions

where offenders are authorized to travel or to relocate across state lines;

c. Establish a system of uniform data collection, access to information on active

cases by authorized criminal justice officials and regular reporting of compact

activities to the heads of state councils, the state executive, judicial, and

legislative branches, and the criminal justice administrators;

d. Monitor compliance with rules governing interstate movement of offenders and

initiate interventions to address and correct noncompliance; and

e. Coordinate training and education on the regulation of interstate movement of

offenders for officials involved in that activity.

4. The compacting states recognize that there is no right of any offender to live in another

state and that duly accredited officers of a sending state may at all times enter a

receiving state and there apprehend and retake any offender under supervision,

subject to this compact and the bylaws and rules promulgated under this compact. It is

the policy of the compacting states that the activities conducted by the interstate

commission are intended to formulate public policy and are therefore public business.

ARTICLE II - DEFINITIONS

As used in this compact, unless the context otherwise requires:

1. "Adult" means a person who is eighteen years of age or older or a person under

eighteen years of age who is legally classified, either by statute or court order, as an

adult.

2. "Bylaws" means those bylaws established by the interstate commission for its

governance or for directing or controlling the interstate commission's actions or

conduct.

3. "Commissioner" means the voting representative of each compacting state appointed

pursuant to article 3 of this compact.

4. "Compact administrator" means the individual in each compacting state appointed

under the terms of this compact, or the individual's designee, responsible for the

administration and management of the state's supervision and transfer of offenders

subject to the terms of this compact, the rules adopted by the interstate commission,

and policies adopted by the state council under this compact.

5. "Compacting state" means any state that has enacted the enabling legislation for this

compact.

6. "Interstate commission" means the interstate commission for adult offender

supervision created by article 3 of this compact.

7. "Member" means the commissioner of a compacting state or the commissioner's

designee who is an individual officially connected with the commissioner.

8. "Noncompacting state" means any state that has not enacted the enabling legislation

for this compact.

9. "Offender" means an adult placed under or subject to supervision as the result of the

commission of a criminal offense and released to the community under the jurisdiction

of courts, paroling authorities, or corrections or other criminal justice agencies.

10. "Person" means any individual or public or private legal entity.

11. "Rules" means acts of the interstate commission, adopted pursuant to article 8 of this

compact and substantially affecting interested parties in addition to the interstate

commission, which have the force and effect of law in the compacting states.

12. "State" means a state of the United States, the District of Columbia, or any territorial

possession of the United States.

13. "State council" means the resident members of the state council for interstate adult

offender supervision created by each state under article 4 of this compact.

ARTICLE III - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION

1. The compacting states hereby create the interstate commission for adult offender

supervision. The interstate commission is a body corporate and joint agency of the

compacting states. The interstate commission has all the responsibilities, powers, and

duties set forth in this compact, including the power to sue and be sued and any

additional powers as may be conferred upon it by subsequent action of the respective

legislatures of the compacting states in accordance with this compact.

2. The interstate commission consists of commissioners selected and appointed by each

state. The governor shall appoint a commissioner and a deputy commissioner. In

addition to the commissioners who are the voting representatives of each state, the

interstate commission includes individuals who are not commissioners but who are

members of interested organizations. The noncommissioner members include a

member of the national organizations of governors, legislators, state chief justices,

attorneys general, and crime victims. All noncommissioner members of the interstate

commission are nonvoting members. The interstate commission may provide in its

bylaws for additional nonvoting members as it deems necessary.

3. Each compacting state represented at any meeting of the interstate commission is

entitled to one vote. A majority of the compacting states constitutes a quorum for the

transaction of business, unless a larger quorum is required by the bylaws of the

interstate commission.

4. The interstate commission shall meet at least once each calendar year. The chairman

may call additional meetings and, upon the request of twenty-seven or more

compacting states, shall call additional meetings. Public notice must be given of all

meetings and meetings are open to the public, except as provided in article 7 of this

compact.

5. The interstate commission shall establish an executive committee that includes

commission officers, members, and others as determined by the bylaws. The

executive committee has the power to act on behalf of the interstate commission

during periods when the interstate commission is not in session, with the exception of

rulemaking or amendment to the compact. The executive committee oversees the

day-to-day activities managed by the executive director and interstate commission

staff, administers enforcement and compliance with the provisions of the compact, its

bylaws and rules and as directed by the interstate commission and performs other

duties as directed by the interstate commission or as set forth in the bylaws and rules.

ARTICLE IV - COMPACT ADMINISTRATOR AND STATE COUNCIL

1. The director of the department of corrections and rehabilitation, or the director's

designee, shall serve as the compact administrator for this state's commissioner to the

interstate commission.

2. The North Dakota state council for interstate adult offender supervision is established,

consisting of seven members. The director of the department of corrections and

rehabilitation, or the director's designee, is a member of the state council and serves

as chairman. Of the remaining members of the state council:

a. The governor shall appoint three members, one of whom must represent a crime

victim's organization; and

b. The chief justice of the supreme court, the president of the senate, and the

speaker of the house of representatives shall each appoint one member.

3. The term of office of a member is four years.

4. The state council shall meet at least twice a year.

5. The state council may advise the compact administrator on participation in the

interstate commission activities and administration of the compact.

6. Members of the state council are entitled to expenses as provided in sections

44-08-04 and 54-06-09. Legislative assembly members also are entitled to

compensation at the rate provided in section 54-35-10.

ARTICLE V - POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The interstate commission has the following powers:

1. To adopt suitable bylaws governing the management and operation of the interstate

commission.

2. To adopt rules that have the force and effect of law and are binding in the compacting

states to the extent and in the manner provided in this compact.

3. To oversee, supervise, and coordinate the interstate movement of offenders subject to

the terms of this compact and any bylaws and rules adopted by the interstate

commission.

4. To enforce compliance with the compact and the rules and bylaws of the interstate

commission, using all necessary and proper means, including the use of judicial

process.

5. To establish and maintain offices.

6. To purchase and maintain insurance and bonds.

7. To borrow, accept, or contract for the services of personnel, including members and

their staffs.

8. To establish and appoint committees and hire staff it deems necessary to carry out its

functions, including an executive committee as required by article 3 of this compact,

which has the power to act on behalf of the interstate commission in carrying out its

powers and duties under this compact.

9. To elect or appoint officers, attorneys, employees, agents, or consultants, and to fix

their compensation, define their duties, and determine their qualifications, and to

establish the interstate commission's personnel policies and programs relating to,

among other things, conflicts of interest, rates of compensation, and qualifications of

personnel.

10. To accept, use, and dispose of donations and grants of money, equipment, supplies,

materials, and services.

11. To lease, purchase, accept contributions or donations of any property, or otherwise to

own, hold, improve, or use any property.

12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of

any property.

13. To establish a budget and make expenditures and levy dues as provided in article 10

of this compact.

14. To sue and be sued.

15. To provide for dispute resolution among compacting states.

16. To perform functions as may be necessary or appropriate to achieve the purposes of

this compact.

17. To report annually to the legislatures, governors, judiciary, and state councils of the

compacting states concerning the activities of the interstate commission during the

preceding year. Reports must also include any recommendations that may have been

adopted by the interstate commission.

18. To coordinate education, training, and public awareness regarding the interstate

movement of offenders for officials involved in such activity.

19. To establish uniform standards for the reporting, collecting, and exchanging of data.

ARTICLE VI - ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

1. The interstate commission, by a majority of the members within twelve months of the

first interstate commission meeting, shall adopt bylaws to govern its conduct as may

be necessary or appropriate to carry out the compact, including:

a. Establishing the fiscal year of the interstate commission.

b. Establishing an executive committee and other committees as may be necessary.

c. Providing reasonable standards and procedures for establishing committees and

governing any general or specific delegation of any authority or function of the

interstate commission.

d. Providing reasonable procedures for calling and conducting meetings of the

interstate commission and ensuring reasonable notice of each meeting.

e. Establishing the titles and responsibilities of the officers of the interstate

commission.

f. Providing reasonable standards and procedures for the establishment of the

personnel policies and programs of the interstate commission. Notwithstanding

any civil service laws or other similar laws of any compacting state, the bylaws

exclusively govern the personnel policies and programs of the interstate

commission.

g. Providing a mechanism for winding up the operations of the interstate

commission and the equitable return of any surplus funds that may exist upon the

termination of the compact after the payment or reserving of all of the interstate

commission's debts and obligations.

h. Providing transition rules for startup administration of the compact.

i. Establishing standards and procedures for compliance and technical assistance

in carrying out the compact.

2. a. The interstate commission, by a majority of the members, shall elect from among

its members a chairman and vice chairman, each of whom has the authority and

duties as may be specified in the bylaws. The chairman, or in the chairman's

absence or disability the vice chairman, shall preside at all meetings of the

interstate commission. The officers so elected serve without compensation or

remuneration from the interstate commission, provided that, subject to the

availability of budgeted funds, the officers are reimbursed for any actual and

necessary costs and expenses incurred by them in the performance of their

duties and responsibilities as officers of the interstate commission.

b. The interstate commission shall, through its executive committee, appoint or

retain an executive director for the period, upon the terms and conditions and for

the compensation as the interstate commission may deem appropriate. The

executive director shall serve as secretary to the interstate commission and shall

hire and supervise other staff as may be authorized by the interstate commission,

but is not a member of the interstate commission.

3. The interstate commission shall maintain its corporate books and records in

accordance with the bylaws.

4. a. The liability of any member, officer, executive director, employee, or agent of the

interstate commission acting within the scope of the person's employment or

duties for acts, errors, or omissions occurring within the state may not exceed the

limits set forth in chapter 32-12.2. This subsection does not protect any person

from suit or liability for any damage, loss, injury, or liability caused by the

intentional or willful and wanton misconduct of any person.

b. The interstate commission shall defend the commissioner of a compacting state,

the commissioner's representatives or employees, or the interstate commission's

representatives or employees in any civil action seeking to impose liability arising

out of any actual or alleged act, error, or omission that occurred within the scope

of interstate commission employment, duties, or responsibilities, or that the

defendant had a reasonable basis for believing occurred within the scope of

interstate commission employment, duties, or responsibilities, provided that the

actual or alleged act, error, or omission did not result from intentional wrongdoing

on the part of such person.

c. The interstate commission shall indemnify and hold the commissioner of a

compacting state, the appointed representatives, or employees, or the interstate

commission's representatives or employees, harmless in the amount of any

settlement or judgment obtained against those persons arising out of any actual

or alleged act, error, or omission that occurred within the scope of interstate

commission employment, duties, or responsibilities, or that the persons had a

reasonable basis for believing occurred within the scope of interstate commission

employment, duties, or responsibilities, provided that the actual or alleged act,

error, or omission did not result from intentional wrongdoing on the part of those

persons.

ARTICLE VII - ACTIVITIES OF THE INTERSTATE COMMISSION

1. The interstate commission shall meet and take those actions consistent with this

compact.

2. Except as otherwise provided in this compact and unless a greater percentage is

required under the bylaws, in order to constitute an act of the interstate commission,

the act must have been taken at a meeting of the interstate commission and must

have received an affirmative vote of a majority of the members present.

3. Each member of the interstate commission has the right and power to cast a vote to

which that compacting state is entitled and to participate in the business and affairs of

the interstate commission. A member must vote in person on behalf of the compacting

state and may not delegate a vote to another compacting state. However, the director

of the department of corrections and rehabilitation may designate another individual, in

the absence of the director, to cast a vote on behalf of the director at a specified

meeting. The bylaws may provide for members' participation in meetings by telephone

or other means of telecommunication or electronic communication. Any voting

conducted by telephone or other means of telecommunication or electronic

communication is subject to the same quorum requirements of meetings where

members are present in person.

4. The interstate commission's bylaws must establish conditions and procedures under

which the interstate commission makes its information and official records available to

the public for inspection or copying. The interstate commission may exempt from

disclosure any information or official records to the extent the information or records

would adversely affect personal privacy rights or proprietary interests. In adopting

rules, the interstate commission may make available to law enforcement agencies

records and information otherwise exempt from disclosure and may enter into

agreements with law enforcement agencies to receive or exchange information or

records subject to nondisclosure and confidentiality provisions.

5. Public notice must be given of all meetings and all meetings must be open to the

public, except as set forth in the rules or as otherwise provided in the compact. The

interstate commission shall adopt rules consistent with the principles contained in the

Government in the Sunshine Act [Pub. L. 104-231; 110 Stat. 3049; 5 U.S.C. 552]. The

interstate commission and any of its committees may close a meeting to the public

when the interstate commission determines by two-thirds vote that an open meeting

would be likely to:

a. Relate solely to the interstate commission's internal personnel practices and

procedures;

b. Disclose matters specifically exempted from disclosure by statute;

c. Disclose trade secrets or commercial or financial information that is privileged or

confidential;

d. Involve accusing any person of a crime or formally censuring any person;

e. Disclose information of a personal nature when the disclosure would constitute a

clearly unwarranted invasion of personal privacy;

f. Disclose investigatory records compiled for law enforcement purposes;

g. Disclose information contained in or related to examination, operating, or

condition reports prepared by, or on behalf of or for the use of, the interstate

commission with respect to a regulated entity for the purpose of regulation or

supervision of the entity;

h. Disclose information when the premature disclosure would significantly endanger

the life of a person or the stability of a regulated entity; or

i. Specifically relate to the interstate commission's issuance of a subpoena or its

participation in a civil action or proceeding.

6. For every meeting closed pursuant to subsection 5, the interstate commission's chief

legal officer shall publicly certify that, in the officer's opinion, the meeting may be

closed to the public and shall make reference to each relevant provision authorizing

closure of the meeting. The interstate commission shall keep minutes that fully and

clearly describe all matters discussed in any meeting and shall provide a full and

accurate summary of any action taken, and the reasons therefor, including a

description of each of the views expressed on any item and the record of any roll call

vote. All documents considered in connection with any action must be identified in the

minutes.

7. The interstate commission shall collect standardized data concerning the interstate

movement of offenders as directed through its bylaws and rules that specify the data to

be collected, the means of collection and data exchange, and reporting requirements.

ARTICLE VIII - RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

1. The interstate commission shall adopt rules in order to effectively and efficiently

achieve the purposes of the compact, including transition rules governing

administration of the compact during the period in which it is being considered and

enacted by the states.

2. Rulemaking must occur pursuant to the criteria set forth in this article and the bylaws

and rules adopted pursuant to this article. The rulemaking must substantially conform

to the principles of the Federal Administrative Procedure Act [Pub. L. 103-272; 108

Stat. 1373; 5 U.S.C. 551 et seq.] and the Federal Advisory Committee Act [5 U.S.C.

Appendix 2, section 1 et seq.]. All rules and amendments become binding as of the

date specified in each rule or amendment.

3. If a majority of the legislatures of the compacting states reject a rule, by enactment of

a statute or adoption of a resolution in the same manner used to adopt the compact,

the rule has no further force and effect in any compacting state.

4. When adopting a rule, the interstate commission shall:

a. Publish the proposed rule, stating with particularity the text of the rule that is

proposed and the reason for the proposed rule;

b. Allow persons to submit written data, facts, opinions, and arguments, which

information must be publicly available;

c. Provide an opportunity for an informal hearing; and

d. Adopt a final rule and its effective date, if appropriate, based on the rulemaking

record. Not later than sixty days after a rule is adopted, any interested person

may file a petition in the United States district court for the District of Columbia or

in the federal district court where the interstate commission's principal office is

located for judicial review of the rule. If the court finds that the interstate

commission's action is not supported by substantial evidence in the rulemaking

record, the court shall hold the rule unlawful and set it aside. For purposes of this

subdivision, evidence is substantial if it would be considered substantial evidence

under the Federal Administrative Procedure Act [Pub. L. 103-272; 108 Stat. 1373;

5 U.S.C. 551 et seq.] and the Federal Advisory Committee Act [5 U.S.C.

Appendix 2, section 1 et seq.].

5. Rules related to the following subjects must be addressed within twelve months after

the first meeting of the interstate commission:

a. Notice to victims and opportunity to be heard;

b. Offender registration and compliance;

c. Violations and returns;

d. Transfer procedures and forms;

e. Eligibility for transfer;

f. Collection of restitution and fees from offenders;

g. Data collection and reporting;

h. Level of supervision to be provided by the receiving state;

i. Transition rules governing the operation of the compact and the interstate

commission during the period between the effective date of the compact and the

date on which the last eligible state adopts the compact; and

j. Mediation, arbitration, and dispute resolution.

6. The existing rules governing the operation of the previous compact superseded by this

compact are void twelve months after the first meeting of the interstate commission

created under this compact.

7. Upon determination by the interstate commission that an emergency exists, the

interstate commission may adopt an emergency rule that becomes effective

immediately upon adoption, provided that the usual rulemaking procedures provided in

this article are retroactively applied to the rule as soon as reasonably possible, but no

later than ninety days after the effective date of the rule.

ARTICLE IX - OVERSIGHT, ENFORCEMENT,

AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION

1. a. The interstate commission shall oversee the interstate movement of adult

offenders in the compacting states and shall monitor those activities being

administered in noncompacting states which may significantly affect compacting

states.

b. The courts and executive agencies in each compacting state shall enforce this

compact and shall take all actions necessary and appropriate to effectuate the

compact's purposes and intent. In any judicial or administrative proceeding in a

compacting state pertaining to the subject matter of this compact which may

affect the powers, responsibilities, or actions of the interstate commission, the

interstate commission is entitled to receive all service of process in any such

proceeding and has standing to intervene in the proceeding for all purposes.

2. a. The compacting states shall report to the interstate commission on issues or

activities of concern to them and cooperate with and support the interstate

commission in the discharge of its duties and responsibilities.

b. The interstate commission shall attempt to resolve any dispute or other issues

that are subject to the compact and which may arise among compacting states

and noncompacting states. The interstate commission shall adopt a bylaw or rule

providing for both mediation and binding dispute resolution for disputes among

the compacting states.

3. The interstate commission, in the reasonable exercise of its discretion, shall enforce

this compact using any or all means set forth in subsection 2 of article 12 of this

compact.

ARTICLE X - FINANCE

1. The interstate commission shall pay or provide for the payment of the reasonable

expenses of its establishment, organization, and ongoing activities.

2. The interstate commission shall levy on and collect an annual assessment from each

compacting state to cover the cost of the internal operations and activities of the

interstate commission and its staff, which must be in a total amount sufficient to cover

the interstate commission's annual budget as approved each year. The aggregate

annual assessment amount must be allocated based upon a formula to be determined

by the interstate commission, taking into consideration the population of the state and

the volume of interstate movement of offenders in each compacting state. The

interstate commission shall adopt a rule binding upon all compacting states which

governs the assessment.

3. The interstate commission may not incur any obligation of any kind before securing the

funds adequate to meet the obligation, nor may the interstate commission pledge the

credit of any of the compacting states, except by and with the authority of the

compacting state.

4. The interstate commission shall keep accurate accounts of all receipts and

disbursements. The receipts and disbursements of the interstate commission are

subject to the audit and accounting procedures established under its bylaws. However,

all receipts and disbursements of funds handled by the interstate commission must be

audited yearly by a certified or licensed public accountant and the report of the audit

must be included in and become part of the annual report of the interstate commission.

5. a. The interstate compact for adult offender supervision fund is established as a

special fund in the state treasury. The fund consists of moneys appropriated for

the purpose of meeting financial obligations imposed on the state as a result of

the state's participation in this compact.

b. An assessment levied or any other financial obligation imposed under this

compact is effective against the state only to the extent that moneys to pay the

assessment or meet the financial obligation have been appropriated and

deposited in the fund established in subdivision a.

ARTICLE XI - COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT

1. Any state is eligible to become a compacting state.

2. The compact becomes effective and binding upon legislative enactment of the

compact into law by thirty-five or more states. The initial effective date is the later of

August 1, 2001, or upon enactment into law by the thirty-fifth state. Thereafter, the

compact becomes effective and binding, as to any other compacting state, upon

enactment of the compact into law by that state. The governors of noncompacting

states or their designees may be invited to participate in interstate commission

activities on a nonvoting basis before adoption of the compact by all states.

3. Amendments to the compact may be proposed by the interstate commission for

enactment by the compacting states. No amendment becomes effective and binding

upon the interstate commission and the compacting states until it is enacted into law

by unanimous consent of the compacting states.

ARTICLE XII - WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT

1. a. Once effective, the compact continues in force and remains binding upon every

compacting state, but a compacting state may withdraw from the compact by

repealing the statute resolution that enacted the compact into law. The effective

date of withdrawal is the effective date of the repeal.

b. The withdrawing state shall notify the chairman of the interstate commission in

writing upon the introduction of legislation repealing this compact in the

withdrawing state. The interstate commission shall notify the other compacting

states of the withdrawing state's intent to withdraw within sixty days of receipt of

the notice.

c. The withdrawing state is responsible for all assessments, obligations, and

liabilities of that state incurred through the effective date of withdrawal, including

any obligations, the performance of which extend beyond the effective date of

withdrawal.

d. Reinstatement following withdrawal of any compacting state occurs upon the

withdrawing state re-enacting the compact or upon a later date as determined by

the interstate commission.

2. a. If the interstate commission determines that any compacting state has at any time

defaulted in the performance of any of its obligations or responsibilities under this

compact or the bylaws or rules of the interstate commission, the interstate

commission may impose any one or more of the following penalties:

(1) Fines, fees, and costs in amounts as are deemed to be reasonable as fixed

by the interstate commission.

(2) Remedial training and technical assistance as directed by the interstate

commission.

(3) Suspension and termination of membership in the compact. Suspension

may be imposed only after all other reasonable means of securing

compliance under the bylaws and rules have been exhausted. Immediate

notice of suspension must be given by the interstate commission to the

governor, the chief justice, or chief judicial officer of the defaulting state, the

majority and minority leaders of the defaulting state's legislative assembly,

and the state council.

b. The grounds for default include failure of a compacting state to perform

obligations or responsibilities imposed upon it by this compact or the interstate

commission bylaws or rules. The interstate commission shall immediately notify

the defaulting state in writing of the penalty imposed by the interstate commission

on the defaulting state pending a cure of the default. The interstate commission

shall stipulate the conditions and the time period within which the defaulting state

must cure its default. If the defaulting state fails to cure the default within the time

period specified by the interstate commission, in addition to any other penalties

imposed, the defaulting state may be terminated from the compact upon an

affirmative vote of a majority of the compacting states and all rights, privileges,

and benefits conferred by this compact must be terminated from the effective

date of suspension. Within sixty days of the effective date of termination of a

defaulting state, the interstate commission shall notify the governor, the chief

justice, or chief judicial officer of the defaulting state, the majority and minority

leaders of the defaulting state's legislative assembly, and the state council of the

termination.

c. The defaulting state is responsible for all assessments, obligations, and liabilities

of that state incurred through the effective date of termination, including any

obligations, the performance of which extend beyond the effective date of

termination.

d. The interstate commission does not bear any costs relating to the defaulting state

unless otherwise mutually agreed upon between the interstate commission and

the defaulting state. Reinstatement following termination of any compacting state

requires both a re-enactment of the compact by the defaulting state and the

approval of the interstate commission pursuant to the rules.

3. The interstate commission, by majority vote of the members, may initiate legal action

in the United States district court for the District of Columbia or, at the discretion of the

interstate commission, in the federal district court where the interstate commission has

its principal office to enforce compliance with the compact, its rules, or bylaws against

any compacting state in default. In the event judicial enforcement is necessary, the

prevailing party must be awarded all costs of the litigation, including reasonable

attorney's fees.

4. a. The compact dissolves effective upon the date of the withdrawal or default of the

compacting state which reduces membership in the compact to one compacting

state.

b. Upon the dissolution of this compact, the compact becomes void and the

business and affairs of the interstate commission must be concluded and any

surplus funds must be distributed in accordance with the bylaws.

ARTICLE XIII - BINDING EFFECT OF COMPACT AND OTHER LAWS

1. a. This compact does not prevent the enforcement of any other law of a compacting

state which is consistent with this compact.

b. The laws of the state, other than the Constitution of North Dakota, which conflict

with this compact are superseded to the extent of the conflict.

2. a. All lawful actions of the interstate commission, including all rules and bylaws

adopted by the interstate commission, are binding upon the state unless contrary

to the Constitution of North Dakota.

b. All agreements between the interstate commission and the compacting states are

binding in accordance with their terms.

c. Upon the request of a party to a conflict over meaning or interpretation of

interstate commission actions, and upon a majority vote of the compacting states,

the interstate commission may issue advisory opinions regarding the meaning or

interpretation.

d. In the event any provision of this compact exceeds the constitutional limits

imposed on the legislative assembly of any compacting state, the obligations,

duties, powers, or jurisdiction sought to be conferred by the provision upon the

interstate commission are ineffective and the obligations, duties, powers, or

jurisdiction remain in the compacting state and must be exercised by the agency

to which the obligations, duties, powers, or jurisdiction are delegated by law in

effect at the time this compact becomes effective.

3. The state is bound by the bylaws and rules adopted under this compact only to the

extent that the operation of the bylaws and rules does not impose an obligation

exceeding any limitation on state power or authority contained in the Constitution of

North Dakota as interpreted by the courts of this state.
N.D. Cent. Code § 12-44.1-05 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-05
12-44.1-05. Meal payments
Status: in_force

12-44.1-05. Meal payments

An administrator or correctional facility staff member receiving lump sum monthly payments

for providing inmate meals shall submit an itemized account of the meal expenses to the

governing body of the correctional facility. Any amount of the monthly payment in excess of the

itemized account shall be returned to the general operating fund or be given as salary to the

person providing the meals, as determined by the governing body of the correctional facility.
N.D. Cent. Code § 12-59-12 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-12
12-59-12. Board may reconsider action
Status: in_force

12-59-12. Board may reconsider action

The board may reconsider its action in granting a parole to any individual at any time before

the individual has been released and finally discharged from the penitentiary, a local correctional

facility, a federal correctional facility, or a correctional facility of another state. Such action may

be taken on the board's own motion or on the petition of interested parties. Upon notice to a

parolee and with good cause, the board may modify or enlarge conditions of parole at any time

before the expiration or termination of the parole.
N.D. Cent. Code § 12-44.1-09 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-09
12-44.1-09. Housing of inmates
Status: in_force

12-44.1-09. Housing of inmates

Each correctional facility shall adopt a classification system for inmates to provide for the

security, safety, and order of the correctional facility and for the safety and security of the

community. If the correctional facility has adopted a classification system approved by the

department of corrections and rehabilitation, the correctional facility is not required to comply

with subsections 3, 4, and 5. In grade one and grade two correctional facilities and, where

practicable, in grade three correctional facilities, the following groups of inmates must be

housed separately from each other:

1. Female inmates from male inmates.

2. Juveniles from adults, except that an adult held under a delinquency proceeding may

be held with juveniles and a juvenile transferred or waived to adult court on a felony

criminal offense may be housed with adults in a jail or regional correctional facility.

3. Persons detained for hearing or trial from inmates under sentence of imprisonment,

unless authorized to be housed together by the administrator for security, order, or

rehabilitation.

4. Persons detained for hearing or trial or under sentence of imprisonment from persons

otherwise detained by order of the court, unless authorized to be housed together by

the administrator for security, order, or rehabilitation.

5. Inmates who may have special needs as determined by the correctional facility or

whose behavior may present a serious threat to the safety or security of the

correctional facility, the staff, the inmate, or other inmates.
N.D. Cent. Code § 12-60-02 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-02
12-60-02. Board of managers - Selection of members - Qualifications
Status: repealed

12-60-02. Board of managers - Selection of members - Qualifications

Repealed by S.L. 1971, ch. 141, § 1.
N.D. Cent. Code § 12-47-21 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-21
12-47-21. Alcoholic beverages and controlled substances prohibited - Physician's orders - Use of tobacco - Weapons and firearms - Penalty
Status: in_force

12-47-21. Alcoholic beverages and controlled substances prohibited - Physician's

orders - Use of tobacco - Weapons and firearms - Penalty.

1. It is unlawful for any person to willfully:

a. Manufacture or possess with intent to manufacture or deliver, a controlled

substance, on or within any premises under the control of the department of

corrections and rehabilitation or any of its divisions.

b. Deliver a controlled substance to any inmate of the penitentiary, or to any other

person for redelivery to an inmate of the penitentiary. This subsection does not

apply to the possession, delivery, or administration of controlled substances by

the penitentiary pharmacy or agent of the penitentiary pharmacy or in accordance

with the orders or prescription of a licensed physician and the approval, except in

emergency circumstances, of the warden. Any person who violates this

subsection is guilty of a class A felony.

2. It is unlawful for a penitentiary inmate to possess any controlled substance except in

accordance with the prescription or orders of a licensed physician. It is unlawful for a

penitentiary inmate to possess alcohol or alcoholic beverages. It is unlawful for a

penitentiary inmate to possess any tobacco except when the warden has authorized

possession of tobacco for religious purposes or when on authorized release from the

penitentiary. Any penitentiary inmate who violates this subsection with respect to:

a. Possession of a controlled substance is guilty of a class B felony.

b. Possession of alcohol or alcoholic beverages is guilty of a class A misdemeanor.

c. Possession of tobacco is guilty of a class B misdemeanor.

3. It is unlawful for any person to willfully deliver alcohol or alcoholic beverages to a

penitentiary inmate. It is unlawful for any person to willfully deliver tobacco to an

inmate except when the warden has authorized delivery of tobacco for religious

purposes or when the inmate is on an authorized release from the penitentiary. Any

person who violates this subsection by:

a. Delivery of alcohol or alcoholic beverages to a penitentiary inmate is guilty of a

class A misdemeanor.

b. Delivery of tobacco to a penitentiary inmate is guilty of a class B misdemeanor.

4. It is unlawful for any person other than a penitentiary inmate to willfully possess a

controlled substance on or within any property under the control of the department of

corrections and rehabilitation or any of its divisions except when the person is an

authorized agent of the penitentiary pharmacy or except in accordance with the orders

or prescription of a licensed physician. Any person who violates this subsection is

guilty of a class B felony.

5. It is unlawful for a penitentiary inmate to willfully procure, make, or possess any object,

including a shard made of any material or any weapon, firearm, ammunition, or

explosive material, intended to be used for an assault on another person or to damage

property. Any penitentiary inmate who violates this subsection with respect to:

a. A shard or weapon that is not a dangerous weapon or firearm as defined in

section 62.1-01-01 is guilty of a class B felony.

b. Ammunition, a knife of any length, a weapon that is a dangerous weapon or

firearm as defined in section 62.1-01-01, or explosive material is guilty of a

class A felony.

6. It is unlawful for any person to deliver or provide to a penitentiary inmate any object

intended to be used for an assault on another person or to damage penitentiary

property. Any person who violates this subsection with respect to:

a. A shard or weapon that is not a dangerous weapon or firearm as defined in

section 62.1-01-01 is guilty of a class B felony.

b. Ammunition, a knife of any length, a weapon that is a dangerous weapon or

firearm as defined in section 62.1-01-01 or is an explosive or destructive device is

guilty of a class A felony.

7. As used in this section, "controlled substance" is as defined in section 19-03.1-01 and

includes counterfeit substances as defined in section 19-03.1-01. As used in this

section, "willfully" is as defined in section 12.1-02-02. As used in this section, "alcohol"

and "alcoholic beverage" are as defined in section 5-01-01. As used in this section,

"tobacco" means any form of tobacco, including cigarettes, cigars, snuff, or tobacco in

any form in which it may be used for smoking or chewing. As used in this section, a

wireless electronic communications device includes a cellular telephone, personal

digital assistant, pager, mobile broadband card, internet router, digital camera,

two-way radio, modem, or any other electronic device capable of wireless

transmission, reception, interception, or storage of oral communications, text,

electronic mail, video or photograph images, data signals, or radio communications,

and also includes a component of a wireless electronic device, regardless whether the

component itself is able to transmit, store, or receive oral communications, text,

electronic mail, video or photograph images, data signals, or radio communications. A

wireless electronic communications device does not include a medically prescribed

device or any other device approved by the department.

8. a. It is unlawful for a penitentiary inmate to willfully manufacture, possess, or use a

wireless electronic communications device on or within any premises under the

control of the department of corrections and rehabilitation or any of its divisions

except as authorized by the department of corrections and rehabilitation.

b. It is unlawful for any person to willfully deliver, or possess with intent to deliver, a

wireless electronic communications device to a penitentiary inmate or to any

person for redelivery to a penitentiary inmate, or to allow a penitentiary inmate to

possess or use a wireless electronic communications device, on or within any

premises under the control of the department of corrections and rehabilitation or

any of its divisions except as authorized by the department of corrections and

rehabilitation.

c. A violation of this subsection is a class C felony.
N.D. Cent. Code § 12-47-07 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-07
12-47-07. Qualification of warden, officers, and employees
Status: repealed

12-47-07. Qualification of warden, officers, and employees

Repealed by S.L. 1999, ch. 114, § 3.
N.D. Cent. Code § 12-60-08 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-08
12-60-08. Powers of investigators
Status: in_force

12-60-08. Powers of investigators

For the purpose of carrying out the provisions of this chapter, the investigators shall have all

the powers conferred by law upon any peace officer of this state.
N.D. Cent. Code § 12-46-23 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-23
12-46-23. Officers and employees exempt from jury duty
Status: repealed

12-46-23. Officers and employees exempt from jury duty

Repealed by S.L. 1977, ch. 113, § 1.
N.D. Cent. Code § 12-60-21 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-21
12-60-21. State crime laboratory
Status: repealed

12-60-21. State crime laboratory

Repealed by S.L. 2003, ch. 469, § 13.
N.D. Cent. Code § 12-59-06 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-06
12-59-06. General powers of board
Status: in_force

12-59-06. General powers of board

The board may issue process requiring the presence of any person or officer before it, with

or without books and papers, in any matters pending before said board. If any such person or

officer disobeys the order of the board, the chairman, or acting chairman, of such board may

apply to any judge of the district court for an order requiring the attendance of such person or

officer, with or without books and papers described in the process. The failure of any such

person or officer to comply with such order of the district court shall be held to be a contempt of

court and shall be punishable accordingly. Any member of the board, the parole officer, or

anyone appointed by the board to secure information for said board shall have the power to

examine witnesses and records and to administer oaths to witnesses. The board may employ

psychiatrists or specialists for mental or medical examination of applicants and may take such

reasonable steps as it may deem necessary for proper determination of any matters before it.
N.D. Cent. Code § 12-46-25 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-25
12-46-25. Youth correctional center career and technical education shop revolving fund
Status: in_force

12-46-25. Youth correctional center career and technical education shop revolving

fund.

There must be maintained in the Bank of North Dakota by the North Dakota youth

correctional center a career and technical education shop revolving fund to purchase required

parts and supplies for student career and technical education training projects. The amounts

taken from the fund must be paid back to the fund from collections made on these projects. The

provisions of section 54-27-10 do not apply to this fund and no part of the fund reverts at the

expiration of any biennium.
N.D. Cent. Code § 12-60-09 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-09
12-60-09. Authorization of attorney general for investigations
Status: in_force

12-60-09. Authorization of attorney general for investigations

No investigation of the acts or conduct of any state agency or state official shall be

investigated or made through or by the bureau or any employee thereof, without the

authorization of the attorney general particularly specifying the office, department, or person to

be investigated and the scope and purposes of the investigation.
N.D. Cent. Code § 12-60-22 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-22
12-60-22. Provision of laboratory facilities and technical personnel - Request
Status: repealed

12-60-22. Provision of laboratory facilities and technical personnel - Request

Repealed by S.L. 2003, ch. 469, § 13.
N.D. Cent. Code § 12-60-14 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-14
12-60-14. Violation of chapter - Misdemeanor
Status: repealed

12-60-14. Violation of chapter - Misdemeanor

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 12-62-07 — ND Code / Title 12 / Chapter 12-62 / Section 12-62-07
12-62-07. Sheriffs - Training
Status: in_force

12-62-07. Sheriffs - Training

Every newly elected or appointed sheriff shall attend within the first year of employment a

course of training on civil duties conducted by the office of attorney general. The curriculum,

location, and dates shall be determined by the office of attorney general in cooperation with the

sheriff's association. The course shall be open to all sheriffs and deputies.
N.D. Cent. Code § 12-63-11 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-11
12-63-11. Renewal of license
Status: in_force

12-63-11. Renewal of license

1. A license expires three years from the date of its issuance and must be renewed in the

manner prescribed by the board and on payment of a renewal fee and on a show of

proof that the individual has met the requirements established by the board for

continuing education. The board may provide for the late renewal of a license on

payment of a late fee, but a late renewal of a license may not be granted more than

one year after expiration of the license.

2. On request, the board shall grant inactive status to a licensee who does not perform

the duties of a peace officer or is no longer employed by a criminal justice agency. A

licensee may retain inactive status indefinitely if the licensee maintains continuing

education requirements and renews the license in accordance with board

requirements. A licensee on inactive status shall meet the same qualifications, testing,

and insurance requirements as are required by law and rule for a licensee on active

status.
N.D. Cent. Code § 12-47-25 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-25
12-47-25. Punishment for infraction may be alleviated
Status: in_force

12-47-25. Punishment for infraction may be alleviated

Whenever any inmate who is being punished for any infraction of the rules and regulations

of the penitentiary by being deprived of any of the ordinary privileges enjoyed by the other

inmates, periodically or otherwise, conducts himself in a peaceful, obedient, and industrious

manner, the warden may suspend the further infliction of such punishment during his good

behavior.
N.D. Cent. Code § 12-48-15 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-15
12-48-15. Disposition of inmate funds - Warden to keep account of inmate funds
Status: in_force

12-48-15. Disposition of inmate funds - Warden to keep account of inmate funds

1. The warden of the penitentiary shall keep an account for each inmate. Not more than

fifty percent of an inmate's penitentiary earnings, as provided by penitentiary rules,

must be withheld from an inmate and deposited in a separate account for the inmate

and may not be made available to the inmate until the inmate's release from the

penitentiary, except as authorized by the warden. The remainder of an inmate's

earnings must be made available to the inmate on a regular basis.

2. Inmates may, in writing, authorize the warden or designee to deposit any of their

accumulated earnings from the prison industries, hobby, work release, or any other

prison program in an interest-earning account in the Bank of North Dakota for the

benefit of the inmate. The account must be a two-signature account requiring the

inmate's signature and that of an authorized designated officer or employee of the

state penitentiary for withdrawal.

3. The warden may directly deposit an inmate's funds from sources outside of the

penitentiary in any bank or account the inmate may designate. If a court order does

not allow an inmate to designate a bank or account other than a Bank of North Dakota

account or if it is necessary for the benefit and protection of the inmate, the warden,

upon written explanation to the inmate, shall deposit an inmate's funds from sources

outside the penitentiary into a Bank of North Dakota account. The department of

corrections and rehabilitation and its divisions, departments, officers, and employees

may not be held responsible or liable for any inmate income or funds deposited into a

bank or account designated by an inmate.

4. The warden is responsible for guiding inmates in making proper use of their funds to

pay their obligations, including the payment of any administratively ordered fee, fine or

restitution, court-appointed counsel fees, court-ordered restitution, support for

dependent relatives, or to provide for their own medical, surgical, eye care, or dental

treatment, or to pay for other services not generally provided by the state. The warden

may withdraw funds from an inmate's penitentiary account or Bank of North Dakota

two-signature account, without the inmate's signature, to meet the inmate's legitimate

financial obligations. Before the funds may be withdrawn, the inmate must first receive

written notice and be provided a penitentiary administrative hearing with the right to

appeal according to department of corrections and rehabilitation rules. An inmate is not

entitled to prior written notice, administrative hearing, or right to an appeal to the

department of corrections and rehabilitation when funds are to be withdrawn for

payment of a court-ordered obligation, including child support, provided the inmate has

had notice and an opportunity to be heard in the court proceedings.

5. The warden may pay an inmate all funds in the inmate's spending account, less the

inmate's outstanding obligations to the penitentiary, when the inmate is transferred to a

county jail or regional correctional center or placed in community corrections

confinement. The warden may pay an inmate all funds in the inmate's account, less

the inmate's outstanding obligations to the penitentiary, when the inmate is transferred

to a correctional facility outside of this state. The warden shall pay an inmate all funds

in the inmate's account, less the inmate's outstanding obligations to the penitentiary,

when the inmate is released on parole or discharged from the penitentiary.
N.D. Cent. Code § 12-44.1-14 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-14
12-44.1-14. Inmate rights
Status: in_force

12-44.1-14. Inmate rights

1. Subject to reasonable safety, security, discipline, and correctional facility administration

requirements, the administrator of each correctional facility shall:

a. Ensure inmates have confidential access to attorneys and their authorized

representatives.

b. Ensure that inmates are not subjected to discrimination based on race, national

origin, color, creed, sex, economic status, or political belief.

c. Ensure equal access by male and female inmates to programs and services

available through the correctional facility.

d. Ensure access to mail, telephone use, and visitors.

e. Ensure that inmates are properly fed, clothed, and housed.

f. Ensure that inmates have adequate medical care. Adequate medical care means

necessary treatment for a medical or health condition for which serious pain or

hardship would occur if care is not given. A correctional facility may not deny

adequate medical care to an inmate who does not have health insurance or does

not have the ability to pay the costs of the medical or health care.

g. Ensure that inmates may reasonably exercise their religious beliefs.

2. Correctional facility staff or an administrator of a correctional facility may not:

a. Substantially burden the exercise of religion by an offender in the custody of the

correctional 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 correctional 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 correctional facility for the

purpose of providing religious services unless the correctional 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 correctional 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 § 12-59-05 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-05
12-59-05. Consideration by board
Status: in_force

12-59-05. Consideration by board

Every inmate's eligibility for parole must be reviewed in accordance with the rules adopted

by the parole board. The board shall consider all pertinent information regarding each inmate,

including the circumstances of the offense, the presentence report, the inmate's family,

educational, and social history and criminal record, the inmate's conduct, employment,

participation in education and treatment programs while in the custody of the department of

corrections and rehabilitation, and the inmate's medical and psychological records.
N.D. Cent. Code § 12-52-03 — ND Code / Title 12 / Chapter 12-52 / Section 12-52-03
12-52-03. Recommitment to the youth correctional center for violation of aftercare rules
Status: in_force

12-52-03. Recommitment to the youth correctional center for violation of aftercare

rules.

A person placed in an aftercare program must be under the guardianship and control of the

director of the division of juvenile services and is subject, at any time until the expiration of the

time for which the person was committed, to be taken into actual custody and returned to the

North Dakota youth correctional center. The director may enforce the rules and regulations

made for the administration of aftercare programs and the placement of students in them, and

when the director is satisfied that a person placed in an aftercare program has violated any of

the rules or regulations, the director may order that person to be taken into actual custody and

returned to the North Dakota youth correctional center and to be detained therein until the

expiration of the time for which the person was committed, or until the person is again placed in

an aftercare program. The director shall maintain a record of any such order, and a certified

copy of the order may be delivered to any peace officer, or any officer or employee of the North

Dakota youth correctional center, for service and return. It is the duty of the officer or employee

to receive the order and to apprehend and immediately deliver the person named in the order to

the superintendent of the North Dakota youth correctional center.
N.D. Cent. Code § 12-60-24 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-24
12-60-24. Criminal history record checks
Status: in_force

12-60-24. Criminal history record checks

1. a. Each applicant, employee, or petitioner for adoption or name change who is

subject to a criminal history record check under subsection 2 shall consent to a

statewide and nationwide criminal history record check for the purpose of

determining suitability or fitness for a permit, license, registration, employment, or

adoption.

b. Each applicant, employee, registrant, or petitioner for adoption or name change

subject to a criminal history record check shall provide to the requesting agency

or entity written consent to conduct the check and to release or disclose the

information in accordance with state and federal law, two sets of fingerprints from

a law enforcement agency or other local agency authorized to take fingerprints,

any other identifying information requested, and a statement indicating whether

the applicant or employee has ever been convicted of a crime.

c. The agency, official, or entity shall submit these fingerprints to the bureau of

criminal investigation for nationwide criminal history record information that

includes resubmission of the fingerprints by the bureau of criminal investigation to

the federal bureau of investigation. Except if otherwise provided by law, federal

bureau of investigation criminal history record information obtained by an agency

or entity is confidential. For a request for nationwide criminal history record

information made under this section, the bureau of criminal investigation is the

sole source to receive the fingerprint submissions and responses from the federal

bureau of investigation. A person who takes fingerprints under this section may

charge a reasonable fee to offset the cost of fingerprinting. Unless otherwise

provided by law, the bureau of criminal investigation may charge appropriate fees

for criminal history information.

d. Fingerprints and any other identifying information the bureau has obtained under

this section may be retained by the bureau and the federal bureau of investigation

at the request of the agency, official, or entity submitting the fingerprints and any

other identifying information for a statewide and nationwide criminal history record

check. The subject of the records must be provided notice of the retention of the

fingerprints and any other identifying information. The bureau may provide to

each agency, official, or entity listed in subsection 2 of this section the response

of the bureau and the federal bureau of investigation any statewide criminal

history record information that may lawfully be made available under this chapter.

e. The bureau may provide the results of a criminal history background check made

under subsection 2 of this section to another state's identification bureau or

central repository for the collection, maintenance, and dissemination of criminal

history record information when the other state's identification bureau or central

repository has requested the results of the criminal history background check and

the agency, official, or entity of the other state has equivalent authority to

subsection 2 of this section to request a statewide and nationwide criminal history

check.

2. The bureau of criminal investigation shall provide to each agency, official, or entity

listed in this subsection who has requested a statewide and nationwide criminal history

record check, the response of the federal bureau of investigation and any statewide

criminal history record information that may lawfully be made available under this

chapter:

a. The governing body of a city or a county, by ordinance or resolution, for a final

applicant for a specified occupation with the city or county.

b. The agriculture commissioner for each applicant for a license to grow or process

hemp under section 4.1-18.1-02.

c. The education standards and practices board for initial, re-entry, and reciprocal

teacher licenses under sections 15.1-13-14 and 15.1-13-20 and school guidance

and counseling services under section 15.1-13-23.

d. The North Dakota board of medicine for licenses or disciplinary investigations

under sections 43-17-07.1, 43-58-03.1, and 43-60-06.1, except that criminal

history record checks need not be made unless required by the board.

e. The private investigative and security board for licenses or registrations under

section 43-30-06.

f. The department of health and human services for foster care licenses, certified

family foster home for children providers, approved tribal foster care facilities, and

identified relatives under chapter 50-11, appointments of legal guardians under

chapter 50-11.3, and petitions for adoptions under chapter 50-12, except that the

criminal history record investigation must be conducted in accordance with those

chapters. A criminal history record investigation completed under chapter 25-03.2,

50-06, 50-11, 50-11.3, or 50-12 may be used to satisfy the requirements of a

criminal history record investigation under either of the other four chapters. The

federal bureau of investigation's criminal history record investigation obtained

from one criminal history record investigation purpose may not be reused to

satisfy the requirements of another federal bureau of investigation's criminal

history record investigation for a different purpose.

g. The department of health and human services for criminal history record checks

authorized under section 50-06-01.9.

h. The chief information officer of the information technology department for certain

individuals under section 54-59-20.

i. A public peace officer training school that has been approved by the peace officer

standards and training board for enrollees in the school. The school may only

disclose the criminal history record information as authorized by law. The school

shall pay the costs for securing the fingerprints, any criminal history record

information made available under this chapter, and for the nationwide criminal

history record check. This subdivision does not apply to the highway patrol law

enforcement training center and enrollees who have a limited license under

section 12-63-09.

j. The North Dakota public employees retirement board for individuals first

employed by the public employees retirement board after July 31, 2005, who

have unescorted physical access to the office or any security-sensitive area of

the office as designated by the executive director.

k. The executive director of the retirement and investment office for individuals first

employed by the retirement and investment office after July 31, 2005, who have

unescorted physical access to the office or any security-sensitive area of the

office as designated by the executive director.

l. The Bank of North Dakota for a final applicant for a specified occupation with the

Bank as designated by the president.

m. Job service North Dakota for all employees, final applicants for employment with

job service, and contractors with access to federal tax information.

n. The department of health and human services for a final applicant for a job

opening or a current employee with the department; an individual being

investigated by the department; or an applicant for registration as a designated

caregiver or a compassion center agent under chapter 19-24.1.

o. The state board of nursing for applicants, licensees, registrants, or disciplinary

investigations under chapter 43-12.1, except that criminal history record checks

need not be made unless required by the board.

p. The state board of pharmacy for applicants or disciplinary investigations under

chapter 43-15 and registrations, or revocation or suspension of registrations,

under chapter 19-03.1, except that criminal history record checks need not be

made unless required by the board.

q. The state real estate commission for applicants, licensees, or investigations

under chapter 43-23, except that criminal history record checks need not be

made unless required by the commission.

r. The North Dakota board of social work examiners for applicants for initial

licensure or licensees under chapter 43-41, except that criminal history record

checks for licensees need not be made unless required by the board.

s. All agencies, departments, bureaus, boards, commissions, or institutions of the

state, including the North Dakota university system, for all employees or final

applicants for employment as a security guard or to otherwise provide security.

t. The office of management and budget for each individual who has access to

personal information as designated by the director.

u. The department of corrections and rehabilitation for all agents and employees

and a final applicant for employment designated by the director and for each

agent, employee, or a final applicant for employment of a privately operated entity

providing contract correctional services for the department who exercises direct

authority over juveniles, inmates, probationers, or parolees.

v. A city, county, or combination of cities or counties that operates a correctional

facility subject to chapter 12-44.1, for each agent and employee and a final

applicant for employment of the correctional facility who has direct contact with or

exercises direct authority over any juvenile or inmate of the correctional facility,

and for each agent, employee, or a final applicant for employment of a privately

operated entity providing contract correctional services for the correctional facility

who exercises direct authority over juveniles, inmates, probationers, or parolees.

w. The North Dakota university system for a final applicant for or employee in a

specified position in the university system or a university system institution or for

each student applying for or admitted to a specified program of study, as

designated by the chancellor.

x. (1) The board of a school district, for employees designated by the board,

provided the board is responsible for paying the costs associated with

obtaining a criminal history record check;

(2) The board of a multidistrict special education unit, for employees designated

by the board, provided the board is responsible for paying the costs

associated with obtaining a criminal history record check;

(3) The board of an area career and technology center, for employees

designated by the board, provided the board is responsible for paying the

costs associated with obtaining a criminal history record check;

(4) The board of a regional education association, for employees designated by

the board, provided the board is responsible for paying the costs associated

with obtaining a criminal history record check; and

(5) The superintendent of public instruction in the case of a nonpublic school or

a state school with a superintendent appointed by or reporting to the

superintendent of public instruction, for employees designated by the

nonpublic or state school, provided the nonpublic or state school is

responsible for paying the costs associated with obtaining a criminal history

record check.

y. (1) The board of a school district, for a final applicant seeking employment with

the district or otherwise providing services to the district, if that individual

has unsupervised contact with students, provided the board is responsible

for paying the costs associated with obtaining a criminal history record

check;

(2) The board of a multidistrict special education unit, for a final applicant

seeking employment with the unit or otherwise providing services to the unit,

if that individual has unsupervised contact with students, provided the board

is responsible for paying the costs associated with obtaining a criminal

history record check;

(3) The board of an area career and technology center, for a final applicant

seeking employment with the center or otherwise providing services to the

center, if that individual has unsupervised contact with students, provided

the board is responsible for paying the costs associated with obtaining a

criminal history record check;

(4) The board of a regional education association, for a final applicant seeking

employment with the association or otherwise providing services to the

association if that individual has unsupervised contact with students,

provided the board is responsible for paying the costs associated with

obtaining a criminal history record check; and

(5) The superintendent of public instruction in the case of a nonpublic school or

a state school with a superintendent appointed by or reporting to the

superintendent of public instruction, for a final applicant seeking

employment with the school or otherwise providing services to the school, if

that individual has unsupervised contact with students, provided the board is

responsible for paying the costs associated with obtaining a criminal history

record check.

(6) For purposes of this subdivision, "unsupervised contact" with students

means being in proximity to one or more students, on school grounds or at

school functions, outside the presence of an individual who has been

subject to a criminal history record check.

z. The racing commission for applicants for licenses under chapter 53-06.2, except

that criminal history record checks need not be made unless required by the

commission.

aa. A district court for a petition to change a name under chapter 32-28.

bb. The state board of pharmacy for a wholesale drug distributor seeking licensure

under chapter 43-15.3.

cc. The board of dental examiners for investigations of applicants or dentists under

section 43-28-11.2, except that criminal history record checks need not be made

unless required by the board.

dd. The department of financial institutions for each applicant for a specified

occupation with the department as specified by the commissioner and principal

owners and managing officers of applicants for a license from the department of

financial institutions.

ee. The office of tax commissioner for all employees, final applicants for employment

with the tax commissioner, and contractors with access to federal tax information.

ff. The state board of examiners for nursing home administrators for applicants for

licensure or licensees under chapter 43-34, except that criminal history record

checks for licensees need not be made unless required by the board.

gg. The marriage and family therapy licensure board for applicants, licensees, or

investigations under chapter 43-53, except that criminal history record checks

need not be made unless required by the board.

hh. The state board of chiropractic examiners for applicants, licensees, certificates, or

investigations under chapter 43-06, except that criminal history record checks

need not be made unless required by the board.

ii. Workforce safety and insurance for a final applicant for a specified occupation

with workforce safety and insurance as designated by the director, or for

contractors who may have access to confidential information as designated by

the director.

jj. The board of counselor examiners for applicants for licensure or licensees under

chapter 43-47, except that criminal history record checks for licensees need not

be made unless required by the board.

kk. The state board of respiratory care for applicants, licensees, or investigations

under chapter 43-42, except that criminal history record checks need not be

made unless required by the board.

ll. The North Dakota real estate appraiser qualifications and ethics board for

applicants for permits or registration or permittees, registrants, owners, or

controlling persons under chapters 43-23.3 and 43-23.5, except that criminal

history record checks for permittees, registrants, owners, or controlling persons

need not be made unless required by the board.

mm. The insurance department for criminal history record checks authorized under

chapters 26.1-26 and 26.1-26.8.

nn. The office of the adjutant general for employees and volunteers working with the

recruiting and retention, sexual assault, and youth programs.

oo. The parks and recreation department for volunteers and final applicants for

employment, as determined by the director of the parks and recreation

department.

pp. The North Dakota medical imaging and radiation therapy board of examiners for

licensure and licensees under chapter 43-62, except that criminal history record

checks for licensees need not be made unless required by the board.

qq. The game and fish department for volunteers and final applicants for

employment, as determined by the director of the game and fish department.

rr. The North Dakota board of massage for applicants, licensees, or investigations

under chapter 43-25.

ss. The North Dakota board of physical therapy for physical therapist and physical

therapist assistant applicants and for licensees under investigation, except that

criminal history record checks need not be made unless required by the board.

tt. The department of commerce for volunteers and employees providing services

through eligible organizations, as determined by the commissioner of commerce.

uu. The state court administrator for a guardian ad litem who provides direct services

to youth.

vv. The department of environmental quality for a final applicant for a job opening or

a current employee with the department, or an applicant for a radioactive

materials license under chapter 23.1-03 or a solid waste permit under chapter

23.1-08 as provided in section 23.1-01-11.1.

ww. The housing finance agency for criminal history record checks authorized under

section 54-17-07.13.

xx. The office of state treasurer for an applicant or employee who has access to

federal tax information under section 54-11-16.

yy. The department of health and human services for a criminal history record check

for a children's advocacy center as authorized under section 50-25.1-11.1.

zz. The state historical society for volunteers and final applicants for employment,

except that criminal history record checks need not be made unless requested by

the society.

aaa. The department of transportation for volunteers and final applicants for

employment, as determined by the director of the department of transportation.

bbb. The commission on legal counsel for indigents for a volunteer or final applicant

for employment, as determined by the director of the commission on legal

counsel for indigents.

ccc. The board of dietetic practice for applications for licensure or renewal under

chapter 43-44, except that criminal history record checks need not be made

unless required by the board.

ddd. The secretary of state for employees with access to personally identifying

information of residents or businesses of the state or with access to elections

systems that are critical infrastructure under section 44-04-24.

eee. The department of health and human services for applicants for initial licensure

for emergency medical services personnel, such as emergency medical

technicians, advanced emergency medical technicians, and paramedics, as

required by subdivision d of subsection 3 of section 23-27.1-03.

fff. The department of emergency services for a final employment applicant under

ggg. The board of occupational therapy practice for applicants, licensees, or

investigations under chapters 43-40 and 43-40.1.

3. a. The bureau of criminal investigation shall conduct a statewide and nationwide

criminal history record check for the purpose of determining eligibility for a

concealed weapons license for each applicant for an initial license or the renewal

of a concealed weapons license under chapter 62.1-04. The nationwide criminal

history record check must include an inquiry of the national instant criminal

background check system, and if the applicant is not a United States citizen, an

immigration alien query.

b. Each applicant for a concealed weapons license shall provide to the bureau of

criminal investigation written consent to conduct the criminal history record check,

to maintain, release, and disclose the information in accordance with state and

federal law, and to make a determination on the application; two sets of

fingerprints from a law enforcement agency or other individual authorized to take

fingerprints; and any other information required under chapter 62.1-04. The

person who takes fingerprints under this subsection may charge a reasonable fee

for fingerprinting.

c. The bureau of criminal investigation shall resubmit the fingerprints to the federal

bureau of investigation. Except as otherwise provided by law, federal bureau of

investigation criminal history record information is confidential.
N.D. Cent. Code § 12-59-08 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-08
12-59-08. Medical paroles
Status: in_force

12-59-08. Medical paroles

If an inmate, including an inmate whose sentence is subject to sections 12.1-32-02.1 and

12.1-32-09.1, and an inmate sentenced under subsection 1 of section 12.1-32-01, has a serious

or terminal medical condition, the parole board may grant the inmate a medical parole. An

inmate who receives a medical parole remains under the jurisdiction of the parole board until the

expiration of the maximum term or terms of imprisonment for which the inmate was sentenced,

less any sentence reduction the inmate has received.
N.D. Cent. Code § 12-63-05 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-05
12-63-05. Fees
Status: in_force

12-63-05. Fees

The board shall prescribe by rule the fee for application for examination, for an initial

license, for renewal of a license, for suspension of a license, for reinstatement of a license after

revocation, for a duplicate license, for a late sidearm qualification, for late instructor renewal,

and for late renewal of a license. The board shall administer fees received under this chapter in

accordance with section 54-44-12.
N.D. Cent. Code § 12-44.1-01 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-01
12-44.1-01. Definitions
Status: in_force

12-44.1-01. 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.

2. "Adult lockup" means a secure temporary-hold nonresidential facility that does not hold

individuals overnight and includes a facility with cuffing rails or cuffing benches.

3. "Correctional facility" means a city or county jail or detention center, regional

corrections center, or juvenile detention center for the detention or confinement of

persons in accordance with law. The use of the term does not imply and may not be

used to require the provision of services including treatment, counseling, career and

technical education, or other educational services, except as may otherwise be

required or provided for under this chapter.

4. "Correctional facility staff" means correctional personnel with titles such as jailer,

deputy, counselor, correctional officer, or any other title, whose duties include the

ongoing supervision of inmates in a correctional facility.

5. "Court holding facility" means a secure facility, other than an adult correctional facility

or adult lockup, used to temporarily detain individuals before or after a detention

hearing or other court proceedings, and is not used to detain individuals overnight.

6. "Individual justice planning" means a process to identify, accommodate, and develop

appropriate consequences for behaviors caused by or related to an individual's mental

or cognitive impairment.

7. "Inmate" means any individual, whether sentenced or unsentenced, who is detained or

confined in a correctional facility. The term does not include an individual who is under

the supervision of the correctional facility and is supervised under home detention,

electronic monitoring, or a similar program that does not involve physical detention or

confinement in the facility.

8. "Jail" means a correctional facility, including a county or city jail or a regional

corrections center.

9. "Juvenile detention center" means a publicly maintained correctional facility for the

detention of juveniles. The term does not include the North Dakota youth correctional

center.

10. "Regional corrections center" means a correctional facility established and maintained

by more than one county or city, or a combination of counties and cities, for the

confinement of inmates.

11. "Trained correctional facility staff" means correctional personnel who have completed

a course of training approved by the peace officer standards and training board.
N.D. Cent. Code § 12-60-05 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-05
12-60-05. Attorney general - Duties - Appointment of personnel
Status: in_force

12-60-05. Attorney general - Duties - Appointment of personnel

The attorney general shall act as superintendent of the bureau and shall have the

responsibility of and shall exercise absolute control and management of the bureau. The

attorney general shall appoint and fix the salary of a chief of the bureau, such special agents,

and such other employees as the attorney general deems necessary to carry out the provisions

of this chapter within the limits of legislative appropriations therefor. The attorney general may

appoint ad hoc special agents. Ad hoc special agents are law enforcement officers from other

jurisdictions appointed for a specific law enforcement purpose and do not become full-time or

part-time employees of the attorney general.
N.D. Cent. Code § 12-68-03 — ND Code / Title 12 / Chapter 12-68 / Section 12-68-03
12-68-03. Prompt determination of high-risk missing person - Law enforcement agency reports
Status: in_force

12-68-03. Prompt determination of high-risk missing person - Law enforcement

agency reports.

1. A high-risk missing person is an individual whose whereabouts are not currently known

and the circumstances indicate that the individual may be at risk of injury or death.

2. Upon the determination by the law enforcement agency that the missing person is a

high-risk missing person, the law enforcement agency shall notify the bureau of

criminal investigation. The law enforcement agency shall provide to the bureau of

criminal investigation the information most likely to aid in the location and safe return

of the high-risk missing person.

3. The responding local law enforcement agency immediately shall enter all collected

information relating to the missing person case in available state and federal

databases. If the responding local law enforcement agency does not have the

capability to enter this data directly in the state and federal databases, the bureau of

criminal investigation shall enter all collected information relating to the missing person

case in available state and federal databases. The information shall be provided in

accordance with applicable guidelines relating to the databases.
N.D. Cent. Code § 12-65-05 — ND Code / Title 12 / Chapter 12-65 / Section 12-65-05
12-65-05. Conduct of hearing
Status: in_force

12-65-05. Conduct of hearing

The offender is entitled to:

1. Notice in writing of the nature and content of the allegations against the offender and

that the purpose of the hearing is to determine whether there is probable cause to

believe that the offender has violated any terms and conditions of compact supervision

that may result in the sending state retaking the offender and may result in revocation

of parole or probation in the sending state.

2. Opportunity to be heard in person and present witnesses and evidence.

3. The opportunity to confront and cross-examine adverse witnesses, unless the hearing

officer determines that confrontation may present a risk of harm to a witness.

4. Written findings of fact and an explanation of the decision.
N.D. Cent. Code § 12-60-10 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-10
12-60-10. Fingerprints, photographs, description of persons charged with felony to be procured and filed
Status: repealed

12-60-10. Fingerprints, photographs, description of persons charged with felony to be

procured and filed.

Repealed by S.L. 1987, ch. 162, § 12.
N.D. Cent. Code § 12-60-01 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-01
12-60-01. Bureau created
Status: in_force

12-60-01. Bureau created

A bureau of the state government, under the attorney general, is hereby created and is

designated as the bureau of criminal investigation, hereinafter referred to as the bureau.
N.D. Cent. Code § 12-54.1-02 — ND Code / Title 12 / Chapter 12-54.1 / Section 12-54.1-02
12-54.1-02. Basis for good conduct sentence reduction
Status: repealed

12-54.1-02. Basis for good conduct sentence reduction

Repealed by S.L. 1991, ch. 118, § 4.
N.D. Cent. Code § 12-63-14 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-14
12-63-14. Penalty
Status: in_force

12-63-14. Penalty

Any person who willfully violates this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 12-60-07 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-07
12-60-07. Powers, duties, and functions of bureau
Status: in_force

12-60-07. Powers, duties, and functions of bureau

1. The bureau shall cooperate with and assist the criminal bureau of the department of

justice at Washington, D.C., and similar departments in other states in establishing and

carrying on a complete system of criminal identification.

2. The bureau shall cooperate with and assist all judges, state's attorneys, sheriffs, chiefs

of police, and all other law enforcement officers of this or any other state and of the

federal government in establishing such system of criminal identification.

3. The bureau is the state central repository for the collection, maintenance, and

dissemination of criminal history record information.

4. The bureau shall assist the sheriffs and other peace officers in establishing a system

for the apprehension of criminals and detection of crime.

5. When called upon by any state's attorney, sheriff, police officer, marshal, or other

peace officers, the superintendent, chief of the bureau, and their investigators may

assist, aid, and cooperate in the investigation, apprehension, arrest, detention, and

conviction of all persons believed to be guilty of committing any felony within the state.

6. The bureau shall perform such other duties in the investigation, detection,

apprehension, prosecution, or suppression of crimes as may be assigned by the

attorney general in the performance of the attorney general's duties.

7. The bureau shall provide assistance from time to time in conducting police schools for

training peace officers in their powers and duties, and in the use of approved methods

for detection, identification, and apprehension of criminals and require attendance at

such police schools.

8. The bureau shall perform the inspection and enforcement duties for the attorney

general's licensing department.

9. The bureau shall detect and apprehend persons illegally possessing or disposing of

drugs.
N.D. Cent. Code § 12-48-20 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-20
12-48-20. Disposition of earnings of prisoner who escapes or violates parole
Status: in_force

12-48-20. Disposition of earnings of prisoner who escapes or violates parole

The money in a prisoner's penitentiary or Bank of North Dakota two-signature account or

any property belonging to a prisoner who escapes or violates the prisoner's parole shall be

forfeited and used to pay the expense of the prisoner's apprehension and capture. Any of the

prisoner's funds or property that is not required to pay for the prisoner's apprehension and

return to the penitentiary may be transferred by the warden into the penitentiary inmate

betterment fund.
N.D. Cent. Code § 12-46-03 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-03
12-46-03. Officers of the North Dakota youth correctional center
Status: repealed

12-46-03. Officers of the North Dakota youth correctional center

Repealed by S.L. 2009, ch. 273, § 9.
N.D. Cent. Code § 12-47-15 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-15
12-47-15. Absence of warden and deputy wardens
Status: in_force

12-47-15. Absence of warden and deputy wardens

When the warden and the deputy wardens are absent, the warden must designate a staff

member to act as warden and must inform the director of the division of adult services, prior to

each absence, who will act as warden.
N.D. Cent. Code § 12-59-02 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-02
12-59-02. Meetings - Compensation - Rules
Status: in_force

12-59-02. Meetings - Compensation - Rules

The governor shall appoint a member of the parole board to be chairman. The chairman of

the parole board shall designate three members of the parole board for each meeting of the

parole board. Meetings of the parole board must be held in accordance with rules established

by the parole board and must be held as often as required to properly conduct the business of

the board, but in any event not less than six times per year. The parole board may only take

action upon the concurrence of at least two members who participated in the same meeting.

The final decision of at least two parole board members who participated in the same parole

board meeting constitutes the decision of the parole board. Members are entitled to be

compensated at the same rate paid to members of the legislative assembly for attendance at

interim committee meetings plus the same mileage and expenses as are authorized for state

officials and employees. The director of the department of corrections and rehabilitation or the

director's designee is the clerk for the parole board.
N.D. Cent. Code § 12-60-16 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-16
12-60-16. Report of arrested person's transfer, release, or disposition of case
Status: repealed

12-60-16. Report of arrested person's transfer, release, or disposition of case

Repealed by S.L. 1987, ch. 162, § 12.
N.D. Cent. Code § 12-45-06 — ND Code / Title 12 / Chapter 12-45 / Section 12-45-06
12-45-06. Expenses of inquest - Report of officer - Payment - Burial expense limited
Status: in_force

12-45-06. Expenses of inquest - Report of officer - Payment - Burial expense limited

The officer holding the inquest shall make an itemized statement and report, verified by the

officer's oath, showing in detail the expenses of the inquest and for what and to whom all items

of fees, services, or supplies are payable. The fees of the officer holding the inquest and of the

jurors, witnesses, and physicians shall be the same as in other cases of inquest, but no officer

or inmate of the penitentiary or North Dakota youth correctional center shall be entitled to any

fee or other allowance on account of any service rendered at the inquest. The expense of the

burial of the body, exclusive of the fees allowed by law to officers, jurors, physicians, and

witnesses, shall not exceed the sum allowed to bury public welfare cases in accordance with

section 23-06-03. All claims arising out of such inquest shall be audited and separate warrants

shall be drawn upon the state treasurer for the amount allowed to each person named in the

statement and report of the officer conducting the inquest, and the warrants shall be paid out of

the state treasury.
N.D. Cent. Code § 12-52-01 — ND Code / Title 12 / Chapter 12-52 / Section 12-52-01
12-52-01. Department of corrections and rehabilitation to administer juvenile aftercare program and other treatment and rehabilitation programs
Status: in_force

12-52-01. Department of corrections and rehabilitation to administer juvenile aftercare

program and other treatment and rehabilitation programs.

The division of juvenile services with the approval of the director of the department of

corrections and rehabilitation may provide a juvenile aftercare program and other treatment and

rehabilitation programs and may contract with public and private agencies to provide services

for persons committed to the division of juvenile services and may establish facilities in, and

rules under, which such persons may receive services.
N.D. Cent. Code § 12-67.1-03 — ND Code / Title 12 / Chapter 12-67.1 / Section 12-67.1-03
12-67.1-03. Deflection process - Regional authority and planning
Status: in_force

12-67.1-03. Deflection process - Regional authority and planning

1. A local government, law enforcement agency, or other first responder agency may

establish a deflection process in partnership with one or more licensed providers of

behavioral health services or substance use disorder treatment services, subject to the

provisions of this section. A deflection process must include participation from a law

enforcement agency and behavioral health service provider.

2. A deflection process must include procedures for:

a. The identification, screening, and assessment of its participants.

b. Case management and treatment facilitation.

c. Participant followups.

d. Law enforcement, first responder, and treatment provider training.

e. The collection and evaluation of data for:

(1) Demographics of program participants;

(2) The number of law enforcement interactions that result in a treatment

referral; and

(3) The time between initial law enforcement interaction and treatment service.

3. A deflection process must include a performance management system with key

performance indicators. Key performance indicators may include the:

a. Rate of treatment engagement within thirty days of initial contact;

b. Duration of treatment involvement; and

c. Number of subsequent law enforcement interactions for individuals referred to

treatment.
N.D. Cent. Code § 12-48-01 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-01
12-48-01. Employment of offenders
Status: in_force

12-48-01. Employment of offenders

All offenders committed to the department of corrections and rehabilitation may be

employed for the benefit of the state to the extent employment is available.
N.D. Cent. Code § 12-46-22 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-22
12-46-22. Service of process
Status: repealed

12-46-22. Service of process

Repealed by S.L. 2009, ch. 273, § 9.
N.D. Cent. Code § 12-48-06.1 — ND Code / Title 12 / Chapter 12-48 / Section 12-48-06.1
12-48-06.1. Prison industry advisory committee
Status: repealed

12-48-06.1. Prison industry advisory committee

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 12-44.1-21 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-21
12-44.1-21. Prohibited acts
Status: in_force

12-44.1-21. Prohibited acts

1. It is unlawful for a person to willfully:

a. Manufacture, or possess with intent to manufacture, a controlled substance in a

correctional facility.

b. Deliver, or possess with intent to deliver, a controlled substance in a correctional

facility. This subsection does not apply to the possession or delivery of controlled

substances in accordance with the orders or prescription of a licensed physician

and the approval, except in emergency circumstances, of the correctional facility

administrator.

c. A person who violates this subsection is guilty of a class A felony.

2. It is unlawful for an inmate detained in a correctional facility to possess any controlled

substance except in accordance with the prescription or orders of a licensed physician,

and the approval, except in emergency circumstances, of the correctional facility

administrator. It is unlawful for an inmate in a correctional facility to possess alcohol or

alcoholic beverages. If a correctional facility has adopted a rule banning the

possession of tobacco in a correctional facility, it is unlawful for an inmate in a

correctional facility to possess any tobacco except when the correctional facility

administrator has authorized possession of tobacco for religious purposes or when on

an authorized release from the correctional facility. An inmate who violates this

subsection with respect to:

a. Possession of a controlled substance is guilty of a class B felony.

b. Possession of alcohol or alcoholic beverages is guilty of a class A misdemeanor.

c. Possession of tobacco is guilty of a class B misdemeanor.

3. It is unlawful for a person to willfully deliver alcohol or alcoholic beverages to an

inmate in a correctional facility. It is unlawful for a person to willfully deliver tobacco to

an inmate in a correctional facility that has adopted a rule banning the possession of

tobacco except when the correctional facility administrator has authorized possession

of tobacco for religious purposes or when the inmate is on an authorized release from

the correctional facility. A person who violates this subsection by:

a. Delivery of alcohol or alcoholic beverages to an inmate in a correctional facility is

guilty of a class A misdemeanor.

b. Delivery of tobacco to an inmate in a correctional facility is guilty of a class B

misdemeanor.

4. It is unlawful for a person who is not an inmate to willfully possess a controlled

substance in a correctional facility except in accordance with the orders or prescription

of a licensed physician. A person who violates this subsection is guilty of a class B

felony.

5. It is unlawful for an inmate in a correctional facility to willfully procure, make, or

possess an object, including a shard made of any material or a weapon, firearm,

ammunition, or explosive material, intended to be used for an assault on another

person or to damage property. An inmate in a correctional facility who violates this

subsection with respect to:

a. A shard or weapon that is not a dangerous weapon or firearm as defined in

section 62.1-01-01 is guilty of a class B felony.

b. Ammunition, a knife of any length, a weapon that is a dangerous weapon or

firearm as defined in section 62.1-01-01, or explosive material is guilty of a

class A felony.

6. It is unlawful for a person to deliver or provide to an inmate in a correctional facility an

object intended to be used for an assault on another person or to damage property. A

person who violates this subsection with respect to:

a. A shard or weapon that is not a dangerous weapon or firearm as defined in

section 62.1-01-01 is guilty of a class B felony.

b. Ammunition, a knife of any length, a weapon that is a dangerous weapon or

firearm as defined in section 62.1-01-01, or is an explosive or destructive device

is guilty of a class A felony.

7. As used in this section, "controlled substance" is as defined in section 19-03.1-01 and

includes counterfeit substances as defined in section 19-03.1-01. As used in this

section, "willfully" is as defined in section 12.1-02-02. As used in this section, "alcohol"

and "alcoholic beverage" are as defined in section 5-01-01. As used in this section,

"tobacco" means any form of tobacco, including cigarettes, cigars, snuff, or tobacco in

any form in which it may be used for smoking or chewing. As used in this section, a

wireless electronic communication device includes a cellular telephone, personal

digital assistant, pager, mobile broadband card, internet router, digital camera,

two-way radio, modem, or any other electronic device capable of wireless

transmission, reception, interception, or storage of oral communications, text,

electronic mail, video or photograph images, data signals, or radio communications,

and also includes a component of a wireless electronic device, regardless whether the

component itself is able to transmit, store, or receive oral communications, text,

electronic mail, video or photograph images, data signals, or radio communications. A

wireless electronic communications device does not include a medically prescribed

device or any other device approved by the department.

8. a. It is unlawful for an inmate in a correctional facility to willfully manufacture,

possess, or use a wireless electronic communication device in a correctional

facility except for law enforcement purposes.

b. It is unlawful for any person to willfully deliver, or possess with intent to deliver, a

wireless electronic communication device to an inmate in a correctional facility or

to any person for redelivery to an inmate in a correctional facility, or to allow an

inmate to possess or use a wireless electronic communication device in a

correctional facility except for law enforcement purposes.

c. A violation of this subsection is a class C felony.
N.D. Cent. Code § 12-47-24 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-24
12-47-24. Penitentiary inmates may be restrained
Status: in_force

12-47-24. Penitentiary inmates may be restrained

Whenever any inmate of the penitentiary offers or attempts to do any injury to any other

person or property, either within the grounds or premises of the penitentiary or at any other

place where said inmate may be, or whenever any inmate disobeys or resists any reasonable

command of any officer or guard, any officer or guard may use reasonable means to defend

himself or another or to enforce the observance of discipline.
N.D. Cent. Code § 12-44.1-26 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-26
12-44.1-26. Correctional facility variances
Status: in_force

12-44.1-26. Correctional facility variances

1. A correctional facility shall comply with the requirements of the rules adopted by the

department of corrections and rehabilitation unless a variance has been granted by the

department of corrections and rehabilitation. Any request for a variance must be in

writing and must cite the rule in question, the reasons for requesting the variance, the

period of time for the variance, and an explanation of how the policy of the rule will be

served without strict compliance with the rule.

2. The department of corrections and rehabilitation may grant a variance if it is

determined that:

a. Compliance with the rule would cause extreme hardship as a result of

circumstances which are unique to the correctional facility.

b. The correctional facility will substantially comply with the policy of the rule during

the time of the variance from the rule.

3. The department of corrections and rehabilitation shall give written reasons for granting

or denying a variance request.

4. In previously existing correctional facilities where specific rules cannot be complied

with because of alleged difficulty or undue hardship, exception to specific physical

plant rules must be made if the intent of the rule is met and security, supervision of

prisoners, established programs, or the safe, healthful, or efficient operation of the

correctional facility is not seriously affected.
N.D. Cent. Code § 12-44.1-07.1 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-07.1
12-44.1-07.1. Management of inmate population
Status: in_force

12-44.1-07.1. Management of inmate population

1. The governing body of a correctional facility, in cooperation with law enforcement,

state's attorneys, and the judiciary in the judicial district in which the correctional facility

is located, shall develop an inmate population plan to prioritize admissions and inmate

retention based on the correctional facility's authorized budget.

2. The inmate population plan must take into consideration:

a. The governing body's authorized budget;

b. The inmate's offense;

c. Whether the inmate has been charged, adjudicated, or sentenced;

d. Whether the inmate presents a risk of flight or is a danger to others or self;

e. The inmate's medical needs and mental and behavioral health needs; and

f. Whether the inmate is subject to mandatory incarceration.

3. The inmate population plan must include alternatives to physical custody of individuals

under charge or conviction of an offense. Potential alternatives to physical custody

include:

a. Placement in a community setting;

b. Work release;

c. Home detention;

d. Electronic home detention;

e. Global positioning system monitoring;

f. Medical, psychiatric, and drug and alcohol treatment;

g. Employment;

h. Pretrial risk assessment;

i. Pretrial supervision; and

j. Participation in the individual justice planning process.

4. This section does not apply when there are exigent circumstances that affect a

correctional facility's operations and inmate population, including acts of God and

mass arrests.

5. The department of corrections and rehabilitation shall provide technical assistance

relating to the implementation of this section to the governing body of a correctional

facility upon request from the governing body.
N.D. Cent. Code § 12-60-23 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-23
12-60-23. Bureau to maintain registry of protection orders, orders prohibiting contact, and restraining orders
Status: in_force

12-60-23. Bureau to maintain registry of protection orders, orders prohibiting contact,

and restraining orders.

The bureau shall maintain a registry of all orders of which it receives notice under sections

11-15-32 and 12.1-31.2-02 and chapter 14-07.7.
N.D. Cent. Code § 12-47-09 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-09
12-47-09. Officers to be furnished food supplies
Status: repealed

12-47-09. Officers to be furnished food supplies

Repealed by S.L. 1971, ch. 501, § 2.
N.D. Cent. Code § 12-60-16.6 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-16.6
12-60-16.6. Criminal history record information - Dissemination to parties not described in section 12-60-16.5
Status: in_force

12-60-16.6. Criminal history record information - Dissemination to parties not

described in section 12-60-16.5.

Only the bureau may disseminate a criminal history record to parties not described in

section 12-60-16.5. The dissemination may be made only if all the following requirements are

met:

1. The criminal history record information has not been purged or sealed.

2. The criminal history record information is of a conviction, including a conviction for

violating section 12.1-20-03, 12.1-20-03.1, 12.1-20-04, 12.1-20-06.1, or 12.1-20-11

notwithstanding any disposition following a deferred imposition of sentence; or the

criminal history record information is of a reportable event occurring within three years

preceding the request.

3. The request is written and contains:

a. The name of the requester.

b. The biometric data of the record subject or, if the request is made without

submitting the biometric data, the request must also include the name of the

record subject and at least two items of information used by the bureau to retrieve

criminal history records, including:

(1) The state identification number assigned to the record subject by the

bureau.

(2) The social security number of the record subject.

(3) The date of birth of the record subject.

(4) A specific reportable event identified by date and either agency or court.

4. The identifying information supporting a request for a criminal history record does not

match the record of more than one individual.

In order to confirm a record match, the bureau may contact the requester to collect additional

information if a request contains an item of information that appears to be inaccurate or

incomplete. This section does not prohibit the disclosure of a criminal history record by the

requester or other persons after the dissemination of the record by the bureau to the requester.
N.D. Cent. Code § 12-44.1-22 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-22
12-44.1-22. Correctional facility register - Contents
Status: in_force

12-44.1-22. Correctional facility register - Contents

Each administrator is responsible for a correctional facility register in which must be entered

such inmate information on such forms as the department of corrections and rehabilitation shall

prescribe by rule.
N.D. Cent. Code § 12-46-20 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-20
12-46-20. Forfeiture of earnings on escape or violation of parole
Status: repealed

12-46-20. Forfeiture of earnings on escape or violation of parole

Repealed by S.L. 2009, ch. 273, § 9.
N.D. Cent. Code § 12-44.1-07 — ND Code / Title 12 / Chapter 12-44.1 / Section 12-44.1-07
12-44.1-07. Who may be confined in correctional facilities
Status: in_force

12-44.1-07. Who may be confined in correctional facilities

The following persons may be confined in a correctional facility:

1. Persons charged with offenses or ordered by a court to be detained for trial.

2. Persons committed by a court to confinement in order to secure their attendance as

witnesses at the trial of any criminal cause.

3. Persons sentenced to imprisonment upon conviction of an offense and any other

person committed or detained as authorized by law.
N.D. Cent. Code § 12-59-21 — ND Code / Title 12 / Chapter 12-59 / Section 12-59-21
12-59-21. Establishment and modification of parole expiration dates
Status: in_force

12-59-21. Establishment and modification of parole expiration dates

The parole board shall establish parole expiration dates in all parole cases. The parole

board may not establish an initial parole expiration date that is earlier than the expiration date of

the parolee's court-imposed sentence, less sentence reduction received under chapter 12-54.1.

The length of the period of parole may not be extended more than five years for a felony and

two years for a misdemeanor beyond the date that the court-imposed sentence would have

otherwise expired had parole not been granted. The parole board may allow a parolee to earn

performance-based parole reduction at the rate of up to five days per month in accordance with

performance criteria established by the parole board. The board may terminate a parolee's

supervision at any time earlier than the established date of release from parole if the parole

board determines that early termination of supervision is warranted and termination of

supervision is in the interest of justice. The parole board may not terminate supervision for a

parolee who has a life sentence with opportunity for parole earlier than five years from the

established date of release on parole.
N.D. Cent. Code § 12-55.1-08 — ND Code / Title 12 / Chapter 12-55.1 / Section 12-55.1-08
12-55.1-08. Governor may reconsider action
Status: in_force

12-55.1-08. Governor may reconsider action

If the governor has granted an application for a commutation, reprieve, conditional pardon,

or remission of fine and the applicant is still in custody in any correctional facility, the governor

may reconsider the decision any time before the applicant is released from the correctional

facility. If an applicant is released from custody pursuant to a conditional pardon and the

applicant has violated any of the terms or conditions of the conditional pardon, the governor

may revoke the conditional pardon in the same manner provided for violation of any of the terms

or conditions of parole. In all other cases, the governor may reconsider a decision on an

application if the reconsideration is made within thirty days from the date of the initial decision. A

decision made on reconsideration may not be reviewed by any court.
N.D. Cent. Code § 12-63-02.1 — ND Code / Title 12 / Chapter 12-63 / Section 12-63-02.1
12-63-02.1. Part-time peace officer license
Status: in_force

12-63-02.1. Part-time peace officer license

1. Except as provided in this section, all provisions of this chapter apply to part-time

peace officer licenses. Except as limited by this section, a part-time licensed peace

officer of this state has the authority of a licensed peace officer of this state.

2. The board shall issue a part-time license to any individual appointed by a criminal

justice agency who meets the requirements of this chapter and the rules of the board

for a part-time peace officer license.

3. A criminal justice agency may appoint part-time licensed peace officers to supplement

and assist licensed peace officers. A criminal justice agency may not appoint a

part-time licensed peace officer unless the part-time licensed peace officer acts under

the direct or indirect supervision of a licensed peace officer designated by the criminal

justice agency.

4. A part-time licensed peace officer may not exercise peace officer duties, including the

exercise of arrest authority, when off duty.

5. Unless the part-time licensed peace officer has a valid North Dakota concealed

weapons license, a part-time licensed peace officer may not carry a duty weapon or

concealed weapon when off duty.

6. The board shall establish criteria for part-time licenses, including training curriculum,

examination requirements, weapon training and certification, licensing requirements,

and continuing education requirements.

7. The board shall adopt rules to implement part-time peace officer licenses and shall

establish by rule fees for application for examination, initial licensing, renewal and late

renewal, and reinstatement of part-time peace officer licenses.
N.D. Cent. Code § 12-55.1-02 — ND Code / Title 12 / Chapter 12-55.1 / Section 12-55.1-02
12-55.1-02. Pardon advisory board - Membership
Status: in_force

12-55.1-02. Pardon advisory board - Membership

The governor may appoint a pardon advisory board to consist of five members including the

attorney general and two members of the parole board. The governor shall appoint two persons

who are residents and citizens of this state to the remaining two positions. The governor shall

appoint a chairperson from within the membership of the pardon advisory board. The governor

may dissolve the pardon advisory board at any time. The members appointed by the governor

are entitled to be paid compensation and expenses at the same rate paid to members of the

legislative assembly. The board shall provide information and make recommendations to the

governor concerning any matters before the governor under this chapter.
N.D. Cent. Code § 12-47-04 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-04
12-47-04. Commitment to the legal and physical custody of the department of corrections and rehabilitation is at hard labor
Status: in_force

12-47-04. Commitment to the legal and physical custody of the department of

corrections and rehabilitation is at hard labor.

In all cases in which a district court has committed an offender to the legal and physical

custody of the department of corrections and rehabilitation it shall be at hard labor, whether or

not so designated by the district court.
N.D. Cent. Code § 12-47-06 — ND Code / Title 12 / Chapter 12-47 / Section 12-47-06
12-47-06. Appointment of officers
Status: in_force

12-47-06. Appointment of officers

The director of the department of corrections and rehabilitation shall appoint the warden.

The warden may be removed by the director of the division of adult services with the approval of

the director of the department of corrections and rehabilitation for misconduct, neglect of duty,

incompetency, or other proper cause showing an inability or refusal to properly perform the

duties of the office. All other officers and employees must be appointed by the director of the

department of corrections and rehabilitation.
N.D. Cent. Code § 12-46-12 — ND Code / Title 12 / Chapter 12-46 / Section 12-46-12
12-46-12. Child under twelve years not committed to North Dakota youth correctional center
Status: in_force

12-46-12. Child under twelve years not committed to North Dakota youth correctional

center.

No child under the age of twelve years shall be committed to the North Dakota youth

correctional center.
N.D. Cent. Code § 12-60-16.3 — ND Code / Title 12 / Chapter 12-60 / Section 12-60-16.3
12-60-16.3. Criminal history record information - Rulemaking required
Status: in_force

12-60-16.3. Criminal history record information - Rulemaking required

The attorney general shall adopt appropriate rules for criminal justice agencies regarding

the reporting, collecting, maintaining, and disseminating of criminal history record information.

The rules must include:

1. Policies and procedures to be used by criminal justice agencies regarding:

a. Security of criminal history record information.

b. Inspection and challenging of criminal history record information by a record

subject.

c. Auditing of criminal history record information to ensure that it is accurate and

complete and that it is reported, collected, maintained, and disseminated in

accordance with sections 12-60-16.1 through 12-60-16.10.

d. Development and content of agreements between the bureau and criminal justice

agencies providing for reporting of and access to criminal history record

information.

e. Use of criminal history record information for the purpose of research and

statistical analysis of criminal activity.

f. Criteria under which criminal history records are purged or sealed.

2. Reportable events to be reported by each criminal justice agency, in order to avoid

duplication in reporting.

3. Time requirements for reporting criminal history record information to the bureau.