North Dakota § 44-04-18.7 - Criminal intelligence information and criminal investigative information Nondisclosure - Record of information maintained

§ 44-04-18.7. Criminal intelligence information and criminal investigative information Nondisclosure - Record of information maintained

1. Active criminal intelligence information and active criminal investigative information are not subject to section 44-04-18 and section 6 of article XI of the Constitution of North Dakota. A criminal justice agency shall maintain a list of all files containing active criminal intelligence and investigative information which have been in existence for more than one year. With respect to each file, the list must contain the file's number or other identifying characteristic and the date the file was established. The list required under this subsection is subject to section 44-04-18. Personal information of any person contained in an active or nonactive file is an exempt record as defined in subsection 5 of section 44-04-17.1. 2. "Criminal intelligence and investigative information" does not include: a. Arrestee description, including name, date of birth, address, race, sex, physical description, and occupation of arrestee. b. Facts concerning the arrest, including the cause of arrest and the name of the arresting officer. c. Conviction information, including the name of any person convicted of a criminal offense. d. Disposition of all warrants, including orders signed by a judge of any court commanding a law enforcement officer to arrest a particular person. e. A chronological list of incidents, including initial offense report information showing the offense, date, time, general location, officer, and a brief summary of what occurred. f. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. A crime summary, including a departmental summary of crimes reported and public calls for service by classification, nature, and number. g. Radio log, including a chronological listing of the calls dispatched. h. General registers, including jail booking information. i. Arrestee photograph, if release will not adversely affect a criminal investigation. "Criminal intelligence information" means information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity. Criminal intelligence information must be considered "active" as long as it is related to intelligence gathering conducted with a reasonable good-faith belief it will lead to detection of ongoing or reasonably anticipated criminal activities. Criminal intelligence information also includes training materials and information obtained by a criminal justice agency regarding prospective criminal activities which impact officer safety until the information is publicly disclosed. "Criminal investigative information" means information with respect to an identifiable person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission, including information derived from laboratory tests, reports of investigators or informants, or any type of surveillance. Criminal investigative information must be considered "active" as long as it is related to an ongoing investigation that is continuing with a reasonable good-faith anticipation of securing an arrest or prosecution in the foreseeable future. "Criminal justice agency" means any law enforcement agency or prosecutor. The term also includes any other unit of government charged by law with criminal law enforcement duties or having custody of criminal intelligence or investigative information for the purpose of assisting law enforcement agencies in the conduct of active criminal investigations or prosecutions. "Personal information" means a person's medical records or medical information obtained from the medical records; motor vehicle operator's identification number; social security number; any credit, debit, or electronic fund transfer card number; month and date of birth; height; weight; home street address; home telephone number or personal cell phone number; and any financial account numbers. A computerized index created by a criminal justice agency of names included in criminal files, whether active or inactive, is an exempt record. Crime scene images of a victim of a homicide or sex crime or any image of a minor victim of any crime is an exempt record as defined in subsection 5 of section 44-04-17.1. An image taken with a body camera or similar device and which is taken in a private place is an exempt record. An image taken by a coroner, a medical examiner, or coroner or medical examiner personnel, using a digital camera or similar device is an exempt record. Unless otherwise provided by law, descriptions of crime scene images that include a minor or a minor victim or parts of a record containing such descriptions are exempt. Unless otherwise provided by law, a sensitive image as defined by section 44-04-17.1 is an exempt record.