§ 54-12-34 — Criminal justice data information sharing system (Effective through July 31, 2035)

North Dakota § 54-12-34

• Jurisdiction: North Dakota
• Title 54: State Government
• Ch. 54-12: Attorney General

Text

July 31, 2035)
1. The attorney general shall maintain a criminal justice data information sharing system
within the bureau of criminal investigation for the exchange of criminal justice data
information by judicial, law enforcement, and emergency services agencies, and the
department of transportation. Only an authorized individual employed by a criminal
justice agency as defined in section 12-60-16.1, the department of transportation, a
state court, or the department of emergency services or any other individual approved
by the attorney general or the attorney general's designee may access the system. For
access to the criminal justice data information sharing system, an individual shall
undergo a criminal history background check, including a fingerprint check, and meet
eligibility access criteria in accordance with the rules adopted under this section.
2. The criminal justice data information sharing system may be accessed only in
accordance with rules adopted under this section. Any law enforcement record in the
possession of the attorney general through the criminal justice data information
sharing system is an exempt record. Criminal justice data information about an offense
committed by a child if the offense has not been transferred under section 27-20.4-21
to another court having jurisdiction of the offense and information about a child victim
or witness is confidential.
3. The attorney general shall provide staff to maintain the criminal justice data information
system and provide administrative support for the advisory board.
4. A criminal justice information advisory board must be appointed, consisting of:
a. The chief justice of the supreme court or the chief justice's designee.
b. The director of the department of emergency services or the director's designee.
c. The director of the department of corrections and rehabilitation or the director's
designee.
d. The superintendent of the state highway patrol or the superintendent's designee.
e. The chief of the bureau of criminal investigation, who is the chairman of the
advisory board.
f. The chief information officer of the state or the chief information officer's
designee.
g. The director of the department of transportation or the director's designee.
h. A representative of a city police department, appointed by the attorney general
from a list of two or more nominees from the North Dakota chiefs of police
association.
i. A representative of a county sheriff's office, appointed by the attorney general
from a list of two or more nominees from the North Dakota sheriffs and deputies
association.
j. A state's attorney, appointed by the attorney general from a list of two or more
nominees from the North Dakota state's attorney's association.
k. A city government representative, appointed by the attorney general from a list of
two or more nominees from the league of cities.
l. A county government representative, appointed by the attorney general from a list
of two or more nominees from the association of counties.
5. Advisory board members who are not permanent full-time state employees are entitled
to compensation of seventy-five dollars per day and mileage and expenses as
provided by law for state employees. With the exception of the chief of the bureau of
criminal investigation, advisory board members appointed under this section serve
staggered three-year terms.
6. The attorney general, after consultation with the advisory board, shall adopt rules to
establish eligibility for access to the criminal justice data information sharing system; to
implement the collection, storage, and sharing of criminal justice information and the
systems necessary to perform those functions; and to address the operation of the
advisory board.
Criminal justice data information sharing system. (Effective after July 31, 2035)

1. The attorney general shall maintain a criminal justice data information sharing system
within the bureau of criminal investigation for the exchange of criminal justice data
information by judicial, law enforcement, and emergency services agencies, and the
department of transportation. Only an authorized individual employed by a criminal
justice agency as defined in section 12-60-16.1, the department of transportation, a
state court, or the department of emergency services or any other individual approved
by the attorney general or the attorney general's designee may access the system. For
access to the criminal justice data information sharing system, an individual shall
undergo a criminal history background check, including a fingerprint check, and meet
eligibility access criteria in accordance with the rules adopted under this section.
2. The criminal justice data information sharing system may be accessed only in
accordance with rules adopted under this section. Any law enforcement record in the
possession of the attorney general through the criminal justice data information
sharing system is an exempt record. Criminal justice data information about an offense
committed by a child if the offense has not been transferred under section 27-20.4-21
to another court having jurisdiction of the offense and information about a child victim
or witness is confidential.
3. The attorney general shall provide staff to maintain the criminal justice data information
system and provide administrative support for the advisory board.
4. A criminal justice information advisory board must be appointed, consisting of:
a. The chief justice of the supreme court or the chief justice's designee.
b. The director of the department of emergency services or the director's designee.
c. The director of the department of corrections and rehabilitation or the director's
designee.
d. The superintendent of the state highway patrol or the superintendent's designee.
e. The chief of the bureau of criminal investigation, who is the chairman of the
advisory board.
f. The chief information officer of the state or the chief information officer's
designee.
g. The director of the department of transportation or the director's designee.
h. A representative of a city police department, appointed by the attorney general
from a list of two or more nominees from the North Dakota chiefs of police
association.
i. A representative of a county sheriff's office, appointed by the attorney general
from a list of two or more nominees from the North Dakota sheriffs and deputies
association.
j. A state's attorney, appointed by the attorney general from a list of two or more
nominees from the North Dakota state's attorney's association.
k. A city government representative, appointed by the attorney general from a list of
two or more nominees from the league of cities.
l. A county government representative, appointed by the attorney general from a list
of two or more nominees from the association of counties.
5. Advisory board members who are not permanent full-time state employees are entitled
to compensation of seventy-five dollars per day and mileage and expenses as
provided by law for state employees. With the exception of the chief of the bureau of
criminal investigation, advisory board members appointed under this section serve
staggered three-year terms.
6. The attorney general, after consultation with the advisory board, shall adopt rules to
establish eligibility for access to the criminal justice data information sharing system; to
implement the collection, storage, and sharing of criminal justice information and the
systems necessary to perform those functions; and to address the operation of the
advisory board.
7. The attorney general shall implement a missing person repository for authorized users
to enter missing person information in accordance with rules established by the bureau
of criminal investigation. Missing person information, including demographic data
related to indigenous people, which is entered by an authorized user or made

available to an authorized user by a federally recognized tribe in this state must be
included in the repository. Records under this subsection are exempt records that may
be disclosed only in accordance with bureau of criminal investigation rules.