North Dakota Code 12-60-16.2 – Criminal history record information – Reportable events
Except as otherwise provided in sections 12-60-16.1 through 12-60-16.10, each criminal justice agency shall report to the bureau the information described in this section for each felony and reportable offense so designated pursuant to section 12-60-16.4. The bureau may require the criminal justice agency to provide the information in a manner that the bureau determines to be the most efficient or accurate means of collection. The following criminal justice agencies shall perform the duties indicated:
Terms Used In North Dakota Code 12-60-16.2
- Arrest: Taking physical custody of a person by lawful authority.
- Commutation: means the change of the punishment to which a person is sentenced to a less severe punishment. See North Dakota Code 12-55.1-01
- Conditional pardon: means a pardon, commutation, reprieve, or remission of fine subject to terms and conditions established by the governor upon the recommendation of the pardon advisory board. See North Dakota Code 12-55.1-01
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the department of corrections and rehabilitation. See North Dakota Code 12-55.1-01
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Pardon: means the removal of punishment or custody imposed upon a person for the commission of an offense. See North Dakota Code 12-55.1-01
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Reprieve: means a temporary relief from or postponement of the execution of a criminal sentence. See North Dakota Code 12-55.1-01
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
1. Except as otherwise provided in this subsection, each criminal justice agency that makes an arrest for a reportable offense shall, with respect to that offense and the person arrested, furnish to the bureau the necessary biometric data, charges, and descriptions of the person arrested. If the arrest is made by a criminal justice agency that is a state law enforcement agency, then, on request of the arresting agency, a sheriff or jail administrator shall collect the necessary biometric data. The arresting agency shall then furnish the required information to the bureau. If a decision is made not to refer the arrest for prosecution, the criminal justice agency making that decision shall report the decision to the bureau. A criminal justice agency may make agreements with other criminal justice agencies for the purpose of furnishing to the bureau information required under this subsection.
2. The prosecuting attorney shall notify the bureau of all charges filed, including all those added after the filing of a criminal court case, and whether charges were not filed in criminal cases for which the bureau has a record of an arrest.
3. After the court pronounces sentence for a reportable offense, and if the necessary biometric data of the person being sentenced has not been collected with respect to that case, the prosecuting attorney shall ask the court to order a law enforcement agency to collect the necessary biometric data from that person. If the court determines that the necessary biometric data of the person being so sentenced has not previously been collected for the same case, the court shall order the necessary biometric data to be collected from that person. The law enforcement agency shall forward the necessary biometric data to the bureau.
4. The prosecuting attorney having jurisdiction over a reportable offense shall furnish the bureau all final dispositions of criminal cases for which the bureau has a record of an arrest or a record of biometric data reported under subsection 3. For each charge, this information must include at least the following:
a. Judgments of not guilty, judgments of guilty including the sentence pronounced by the court, discharges, and dismissals in the trial court; b. Reviewing court orders filed with the clerk of the court which reverse or remand a reported conviction or which vacate or modify a sentence; and
c. Judgments terminating or revoking a sentence to probation and any resentencing after such a revocation.
5. The North Dakota department of corrections and rehabilitation, pardon clerk, parole board, and local correctional facility administrators shall furnish the bureau with all information concerning the receipt, escape, death, release, pardon, conditional pardon, reprieve, parole, commutation of sentence, or discharge of an individual who has been sentenced to that agency’s custody for any reportable offense which is required to be collected, maintained, or disseminated by the bureau. In the case of an escape from custody or death while in custody, information concerning the receipt and escape or death must also be furnished.