§ 12-47-36 — Records exempt - Confidential - Exceptions

North Dakota § 12-47-36

• Jurisdiction: North Dakota
• Title 12: Corrections, Parole, and Probation
• Ch. 12-47: The Penitentiary

Text

1. The case history records of the department of corrections and rehabilitation or its
divisions or departments relating to persons in the custody or under the supervision
and management of the division of adult services of the department of corrections and
rehabilitation are exempt records as defined in section 44-04-17.1. Upon application to
the district court, with service of the application on the department of corrections and
rehabilitation and opportunity for the department to submit a written response, the
court may order the inspection of a case history record unless there is a showing by
the department of corrections and rehabilitation that a proper and legitimate reason
exists for denying inspection of the case history record. If the court issues an order
allowing inspection, the court shall allow the department of corrections and
rehabilitation to remove all identifying information that may create a risk of harm to
property or to any person. As used in this section, "case history record" means any
record of a person in the custody or under the supervision and management of the
division of adult services of the department of corrections and rehabilitation except for
medical, psychological, and treatment records and legal files. The term includes
inmate disciplinary proceedings, administrative and disciplinary segregation
placements, institutional and criminal investigation reports, supervision histories, job
placements, education programs, inmate financial accounts under section 12-48-15,
and protective management cases.
2. The medical, psychological, and treatment records of the department of corrections
and rehabilitation or its divisions or departments relating to persons in the custody or
under the supervision and management of the division of adult services of the
department of corrections and rehabilitation are confidential, and may not be disclosed
directly or indirectly to any person, organization, or agency, except as otherwise
provided in this section. A district court may order the inspection of medical,
psychological, and treatment records, or parts of those records, upon application to the
court and a showing that there is a proper and legitimate purpose for the inspection of
the records, with service of the application on the department of corrections and
rehabilitation and opportunity for the department of corrections and rehabilitation to
submit a written response.
3. Notwithstanding any other provisions of law relating to privilege or confidentiality,
except for the confidentiality requirements of federal drug and alcohol treatment and
rehabilitation laws, the following persons, organizations, or agencies without prior
application to the court may inspect case history, medical, psychological, or treatment
records:
a. The governor;
b. The pardon advisory board, if the governor has appointed a pardon advisory
board;
c. The parole board;
d. Any division, department, official, or employee of the department of corrections
and rehabilitation;
e. Another state receiving a parolee or probationer under the provisions of chapter
12-65;
f. A federal, state, regional, or county correctional facility receiving physical custody
of a person under the legal custody of the department of corrections and
rehabilitation;
g. The employees in the office of the attorney general and investigators,
consultants, or experts retained by the state;

h. The risk management division of the office of management and budget for the
purpose of investigating and defending actions or claims under chapter 32-12.2;
i. The district court of the county where the judgment of conviction was entered;
j. A state or federal court where a person who is or was in the custody or under the
supervision and management of the adult services division of the department of
corrections and rehabilitation has commenced litigation and, the parties, their
counsel, and representatives of the parties in proceedings, if the records are
relevant to the litigation and the subject of the records has signed an
authorization;
k. A criminal justice agency as defined in section 44-04-18.7;
l. The United States social security administration and veterans administration; or
m. A state, federal, or tribal agency that evaluates sex offenders for civil commitment
or assesses sex offender risk level for registration.
4. Records with respect to the person's identity, location, legal files except records under
court seal, criminal convictions, or projected date of release, except for the records of
a person who is under protective management, are open records.
5. Medical, psychological, or treatment records may be disclosed without prior application
to the court to a public hospital or treatment facility, the department of health and
human services, a community behavioral health program, a vocational rehabilitation
program, a transitional living facility, or a licensed private medical or treatment facility,
when necessary for the evaluation, treatment, or care of a person who is or who has
been in the custody of, or is or who has been under the supervision and management
of, the adult services division of the department of corrections and rehabilitation.
6. A criminal defendant's presentence investigation report, together with any attachment
or addendum, is subject to rule 32 of the North Dakota Rules of Criminal Procedure
and any amendments made thereto.
7. The parole board may permit the inspection of a person's preparole report, or parts of
the report, prepared for the parole board.
8. Any person, organization, or agency receiving exempt or confidential records under
this section shall maintain the closed or confidential nature of the records and may not
redisclose the records.
9. The department of corrections and rehabilitation shall maintain the confidentiality of
witness protection program records and legal files under seal.
10. The medical, psychological, and treatment records of the department relating to
persons in the custody or under the supervision and management of the division of
adult services of the department of corrections and rehabilitation may be disclosed for
the purpose of conducting research and educational activities. A person conducting
research or educational activities may not redisclose identifying information received
under this subsection.
11. Notwithstanding any other provision of law relating to privilege or confidentiality, except
for the confidentiality requirements of federal drug and alcohol treatment and
rehabilitation laws, if the department of corrections and rehabilitation approves, the
following individuals, organizations, or agencies without prior application to the court
may inspect case history, medical, psychological, or treatment records:
a. The emergency contact or next of kin of an adult in custody who has a serious or
terminal medical condition;
b. The guardian, conservator, or an individual with a medical power of attorney of an
adult in custody or adult under supervision;
c. If an adult in custody or former adult in custody provides written authorization, an
individual, organization, or entity assisting the adult in custody or former adult in
custody with social services, housing, behavioral health or medical services,
employment, education, child care, or transportation; and
d. The court.