N.D. Cent. Code § 25-03.2-04.1

Current through 2024 Legislative Session
Section 25-03.2-04.1 - Criminal history record investigation - Fingerprinting required
1. Each psychiatric residential treatment facility for children shall secure, from a law enforcement agency or any other agency authorized to take fingerprints, two sets of fingerprints and shall provide all other information necessary to secure state criminal history record information and a nationwide background check under federal law from a facility operator, and any individual employed by the facility, contracted service provider of the facility, and nonemployee of the facility, having contact with any child cared for by the facility.
2. The facility shall assure information obtained under subsection 1 is provided to the department.
3. Upon receipt of all fingerprints and necessary information relating to a criminal history record investigation, the department shall submit the information and fingerprints to the bureau of criminal investigation. The department shall provide a copy of the state criminal history record information response received from the bureau of criminal investigation to the facility or authorized agent making the request.
4. The bureau of criminal investigation shall request a nationwide background check from the federal bureau of investigation and, upon receipt of a response, provide the response of the federal bureau of investigation to the department. The bureau of criminal investigation also shall provide any criminal history record information that may lawfully be made available under chapter 12-60 to the department.
5. Upon request by the operators of a facility or employees of a facility, a law enforcement agency shall take fingerprints of individuals described in this section if the request is made for purposes of this section.
6. The department shall pay the cost of securing fingerprints, any criminal history record information made available under chapter 12-60, and a nationwide background check for each psychiatric residential treatment facility for children.
7. An agency that takes fingerprints as provided under this section may charge a reasonable fee to offset the costs of the fingerprinting.
8. A criminal history record investigation completed under this section may be used to satisfy the criminal history record investigation requirements of sections 50-06-01.9, 50-06-01.10, 50-11-06.8, 50-11.3-01, and 50-12-03.2. The federal bureau of investigation's criminal history record investigation obtained from one criminal history record investigation purpose may not be reused to satisfy the requirements for another federal bureau of investigation's criminal history record investigation for a different purpose.

N.D.C.C. § 25-03.2-04.1

Added by S.L. 2023 , ch. 274( SB 2051 ), § 4, eff. 7/1/2023.