N.D. Cent. Code § 12-47-36

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

inmate disciplinary proceedings, administrative and disciplinary segregation

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

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

and protective management cases.

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

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

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

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

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

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

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

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

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

rehabilitation and opportunity for the department of corrections and rehabilitation to

submit a written response.

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

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

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

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

records:

a. The governor;

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

board;

c. The parole board;

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

and rehabilitation;

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

12-65;

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

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

rehabilitation;

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

consultants, or experts retained by the state;

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

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

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

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

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