1.    As used in this section, “peace officer” means a salaried public servant employed by a criminal justice agency of the state or a political subdivision to enforce the law or to conduct or engage in investigations or prosecutions for violations of law.

Terms Used In North Dakota Code 29-06-05.3

  • Arrest: Taking physical custody of a person by lawful authority.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

2.    If a peace officer is transporting an individual who is under arrest or is being detained under chapter 25-03.1, the peace officer’s authority extends throughout the entire state, as follows:

a.    After arrest, until the individual is delivered into the custody of the nearest jail, regional corrections center, or correctional facility as defined by chapter 12-44.1, including while the individual is being treated for a medical condition or infirmity; b.    While an individual is being detained during pretrial, in any jail, regional corrections center, or correctional facility and, is being transported for treatment for a medical condition or other physical or mental infirmity that occurred while the individual was in custody; c.    While the peace officer is detaining an individual under chapter 25-03.1 and the individual is being transported to a treatment facility for evaluation or treatment; d.    While the peace officer is detaining or transporting an individual pursuant to an order issued by the district court; and

e.    While the peace officer is transporting an individual convicted under chapter 12.1-32 to a jail, regional corrections center, or correctional facility to serve a term of confinement as ordered by the district court.