N.D. Cent. Code § 12-60-16.2

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:

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.