Page:2017 North Dakota Session Laws.pdf/1030

Judicial Procedure, Criminal d. Restrict off-duty association or social relationships by law enforcement agency personnel with confidential informants.

e. Establish procedures to deactivate confidential informants which maintain the safety and anonymity of confidential informants.

f. Establish a process to evaluate and report the criminal history and propensity for violence of any target offenders.

g. Establish written security procedures protecting the identity of a confidential informant.

h. Establish written procedures relating to the use of a paid confidential informant.

29-29.5-05. Written agreement required.

Except for court proceedings, a law enforcement agency may use a confidential informant only with a written agreement executed by the confidential informant and the law enforcement agency. An agreement for use of a confidential informant must be in writing, and include:

1. The confidential informant's right to remain silent, the right to speak with legal counsel at any time, and the right to cease working as a confidential informant;

2. A statement of the benefit, which will be recommended upon substantial compliance with the informant agreement;

3. A statement that an absolute guarantee or promise may not be made to the confidential informant other than law enforcement will truthfully report cooperation;

4. A statement of the inherent risk associated with acting as a confidential informant;

5. Confidential informant responsibilities, including testifying truthfully if called as a witness in a court proceeding;

6. A written waiver of right to counsel which must be executed separately and attached to the informant agreement, signed by the confidential informant and a law enforcement officer, and include language stating that consulting legal counsel at any time will not invalidate the agreement;

7. The parameters of the agreement, detailing the anticipated number of buys, sales, acts, or the duration of service;

8. A description of any penalty for violating the terms of the written agreement, including any additional criminal charges;

9. A warning that sexual relations with an intended target of a police investigation is a violation of the agreement and may be a violation of the law;

10. A statement that money or property loaned or entrusted to the confidential informant by law enforcement may not be used for personal use and must be accounted for at all times; and