Page:2017 North Dakota Session Laws.pdf/1029

Rh 29-29.5-02. Limitation on use of juvenile confidential informants.

1. A law enforcement agency may not use a juvenile fifteen years of age or younger as a confidential informant.

2. A juvenile over the age of fifteen, but under the age of eighteen, may not be used as a confidential informant unless:

a. The juvenile is married;

b. The juvenile is emancipated;

c. The juvenile is serving in the active duty armed forces; or

d. The juvenile is subject to criminal charges; and

(1) There are no other reasonable avenues to obtain evidence of the crime being investigated and the risk of harm to the juvenile is minimal;

(2) The juvenile's custodial parent or guardian has signed the informant agreement; and

(3) The juvenile has consulted with legal counsel.

29-29.5-03. Limitation on use of campus police.

A law enforcement officer employed under section 15-10-17 may not enter an informant agreement with a student enrolled in an institution under the control of the state board of higher education.

29-29.5-04. Law enforcement confidential informant training and guidelines.

1. After July 1, 2018, a law enforcement agency may not use a confidential informant unless the law enforcement agency is trained in the use of confidential informants in a training course approved by the attorney general.

a. Training must occur at least once every three years, and must establish that the law enforcement agency has trained all personnel who are involved in the use or recruitment of confidential informants in the law enforcement agency's policies and procedures in a manner consistent with the peace officer standards and training requirements.

b. The law enforcement agency shall document the date and scope of all training along with all law enforcement personnel trained.

2. The peace officers standards and training board shall adopt rules for the use of confidential informants which at a minimum:

a. Assign the consideration of the preservation of the safety of a confidential informant.

b. Execute reasonable protective measures for a confidential informant.

c. Establish guidelines for the training and briefing of confidential informants.