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.

Terms Used In North Dakota Code 29-29.5-04

  • Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37

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.

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.