PEACE OFFICERS COMMISSION AND COMBINED LAW ENFORCEMENT COUNCIL
[NDCC Authority 12-61-01]
The Peace Officers Commission was created in 1963 to establish uniform standards and training programs for law enforcement officers in North Dakota. The Commission consisted of the superintendent of the North Dakota State Bureau of Criminal Identification and Apprehension, the president of the North Dakota Peace Officers Association, and one member appointed by the dean of the University of North Dakota Law School. The superintendent of the North Dakota State Bureau of Criminal Identification and Apprehension served as director of the Peace Officers School (S. L. 1963, Ch. 355). In 1964, the Peace Officers Commission opened a two-week peace officers training school for police officers in the state. The availability of federal funds through the Office of Law Enforcement Assistance enhanced the Peace Officers Commission training program. The Commission was repealed in 1967 (S. L. 1967, Ch. 117) and replaced by the Combined Law Enforcement Council.
Originally the Combined Law Enforcement Council consisted of the Attorney General who was chairman, the superintendent of the Highway Patrol, the superintendent of the Bureau of Criminal Identification and Apprehension, the state parole officer, and a state’s attorney. Other representatives included a county sheriff, a chief of police, and a representative from each house of the State Legislature. The legislative representatives were chosen by their presiding officer. Members served two year terms and the Attorney General filled any vacancies. Meetings were held at the call of the chairman or upon request of any three members of the Council (S. L. 1967, Ch. 117).
In 1969 the membership expanded to include the warden of the State Penitentiary, the superintendent of the State Industrial School, a district judge, a juvenile supervisor, a representative of the North Dakota League of Cities, and a representative from the North Dakota County Commissioners Association. The non ex-officio members were selected by their respective state associations and served two year terms. The Combined Law Enforcement Council was headquartered in the Crime Bureau building at the State Penitentiary in Bismarck. The Council employed a director and staff to carry out the duties of the Council.
The purpose of the Combined Law Enforcement Council was to enhance law enforcement and law enforcement agencies in the state by conducting law enforcement training programs, certifying police officers, and administering the Law Enforcement Assistance Administration grant program. The Council prescribed standards for law enforcement agencies, jails, equipment, and police training programs. It inspected jails, trained newly elected state’s attorneys, and planned and implemented programs for law enforcement. It worked toward the prevention and control over juvenile delinquency (S. L. 1969, Ch. 146). Also in 1969 the Combined Law Enforcement Council was authorized to train newly elected municipal judges, county justices, prosecuting attorneys, sheriffs, and peace officers (S. L. 1969, Ch. 147). After 1975 a program was developed by the Supreme Court requiring county judges, judges of county courts of increased jurisdiction, and county and municipal justices to attend education sessions (S. L. 1975, Ch. 272). Also in 1975 the Council established and coordinated a uniform records management system for North Dakota law enforcement agencies (S. L. 1975, Ch. 115). The Combined Law Enforcement Council was repealed in 1981 (S. L. 1981, Ch. 154).
CHRONOLOGY
1963-64 Legislation created the Peace Officers Commission which was followed by the establishment of a two week peace officers training school (S. L. 1963, Ch. 355).
1967 The Peace Officers Commission was abolished and replaced with the Combined Law Enforcement Council. The Council consisted of seven members and the Attorney General served as chairman (S. L. 1967, Ch. 117). The North Dakota State Bureau of Criminal Identification and Apprehension was renamed the Bureau of Investigation (S. L. 1971, Ch. 140).
1969 The Combined Law Enforcement Council expanded to six additional members (S. L. 1969, Ch. 146). The Council had the authority to conduct training sessions for newly elected municipal judges, county justices, prosecuting attorneys, sheriffs, and peace officers (S. L. 1969, Ch. 147).
1975 The Council established and coordinated the development of a uniform records program (S. L. 1975, Ch. 115). License renewal required the completion of continuing education courses by county and municipal court judges (S. L. 1975, Ch.272).
1979 The Legislature wrote a new chapter for the Century Code relating to standards for North Dakota jails. Enforcement became a function of the Attorney General (S. L. 1979, Ch. 172).
1981 Legislation repealed the Combined Law Enforcement act (S. L. 1981, Ch. 154) and a Criminal Justice Training and Statistics Division was created within the office of the Attorney General who appointed the director (S. L. 1981, Ch. 154).
SERIES
30604 Peace Officers’ Commission. Records.
31344 Combined Law Enforcement Council. Minutes.
31345 Combined Law Enforcement Council. Memoranda and Guidelines Files.
31346 Combined Law Enforcement Council. Program Plans.
31347 Combined Law Enforcement Council. Committee Files.
31348 Combined Law Enforcement Council. Administrative Files.
31349 Combined Law Enforcement Council. Grant Files.
31350 Combined Law Enforcement Council. Payroll Register.
SOURCES
Gray, David P. Guide to the North Dakota State Archives, 1985.
North Dakota Century Code.
North Dakota State Legislature Session Laws.
CRIMINAL JUSTICE TRAINING AND STATISTICS DIVISION AND PEACE OFFICERS STANDARDS AND TRAINING BOARD
[Authorized: NDCC Section 12-62-01]
Within the office of the Attorney General a Criminal Justice Training and Statistics Division was created to replace the Combined Law Enforcement Council (S. L. 1981, Ch. 154). A director was appointed by the Attorney General who was responsible to implement the programs developed by the newly created Peace Officers Standards and Training Board for the purpose of adopting criteria to certify and license peace officers. The programs adopted by the Board were implemented through the Criminal Justice Training and Statistics Division. Through the director of the Division, the Peace Officers Standards and Training Board exercised the powers and duties of the Division in setting standards for peace officers and local correctional officers.
The Division issued certificates to peace officers, local correctional officers, and sheriffs who met the requirements. It held training sessions for state’s attorneys and defense attorneys and gathered, analyzed, and disseminated information in regard to the state’s criminal justice system. It prescribed minimum standards for sidearm training. Additionally the Division developed and maintained a manpower training and certification information system and developed and maintained a jail information system. It analyzed available criminal justice data and compiled periodic reports based on collected data. The Division assisted the state and local criminal justice agencies in the development of records and information systems and conducted research projects in response to criminal justice system needs. It responded to requests from the executive, judicial, or legislative branches of state government.
The director of the Criminal Justice Training and Statistics Division served as an ex-officio nonvoting member of the Peace Officers Standards and Training Board. The Board had the policy making responsibility and set standards for peace officers and local correctional officers. It consisted of seven members, four police officers, one county government representative, and one city government representative all appointed by the Attorney General who also selected a chairman (S. L. 1981, Ch. 154). The director of the Law Enforcement Training Center served as the seventh member of the Board. The Law Enforcement Training Center [NDCC 39-03-13.1] was also created during the 1981 legislative session and was responsible to coordinate basic and advanced peace officer training that met the criteria established by the Peace Officer Standards and Training Board (S.L. 1981, Ch. 154).
In 1987 changes to the Board came in the areas of licensure requirements and in the powers, duties, and expanded authority of the Board. The Peace Officers Standards and Training Board was given authority to adopt rules for certifying and licensing through evaluation and examination. It established the required program coursework offered at the Law Enforcement Training Center. Upon completion a certificate was issued by the Criminal Justice Training and Statistics Division. The Board could deny, refuse, renew, revoke, or suspend a license or impose probationary conditions against the peace officer. Licenses expired three years after the date of issue. Renewing a license included providing proof of having met the requirements of continuing education and paying a fee. The Peace Officers Standards and Training Board took disciplinary action against peace officers for violation of their license. (S. L. 1987, Ch. 154).
In 1991 several sections of the Century Code [NDCC 12-62-04; NDCC 12-62-08] were repealed at the request of the Attorney General as they related to the certifying, licensing, and training of peace officers (S. L. 1991, Ch. 120).
Legislation in 2003 (S. L. 2003, Ch. 101) repealed the Criminal Justice Training and Standards Division and transferred many functions to the Peace Officers Standards and Training Board. Criminal justice training and collection of statistics remained a part of the duties carried out by the office of the Attorney General. The Attorney General’s duties included conducting the training for peace officers and sheriffs and gathering, analyzing, and disseminating information for the state’s criminal justice system. County and state officials and clerks of district and municipal courts furnished information to the Attorney General on criminal activity in North Dakota.
The office of the Attorney General supplied an employee who served as secretary and provided administrative support to the Board. The secretary was an ex-officio nonvoting member. Also in 2003 legislation repealed and rewrote the original sections of the Century Code as it related to the duties of the Peace Officers Standards and Training Board [NDCC 12-62-03]. New legislation expanded Board authority by creating three new sections in the Century Code concerning membership and the additional responsibilities of the Board (S. L. 2003, Ch. 101). The Board grew to nine members and included the director of the Highway Patrol Law Enforcement Training Center, six peace officers, one county government representative, and one city government representative. The six police officers served staggered two year terms but could not serve more than three consecutive terms. County and city representatives served terms of three years. The Attorney General appointed the chairman and all members except for the director of the Law Enforcement Training Center. The Board certified curriculum, instructors, and schools. It set criteria for certification of peace officers training, instructors, and schools and it prescribed minimum standards for sidearm training certification. The Peace Officers Standards and Training Board adopted rules relating to continuing education, licensing, ethical standards, professional conduct, and discipline. Training and licensing of the state’s peace officers expanded to include tribal police officers.
In 2007 any tribal police officer who met the requirements and rules adopted by the Peace Officer Standards and Training Board became either a part-time or full-time licensed peace officer. In accordance with the Century Code [NDCC 11-15-02] a tribal police officer appointed as a special deputy could perform duties at locations other than reservations, upon a required agreement between the tribal police officer and the state or political subdivision (S. L. 2007, Ch. 116).
CHRONOLOGY
1981 The Combined Law Enforcement Council was repealed by the legislature and was replaced with the Criminal Justice Training and Statistics Division under the direction of the Attorney General. The Peace Officers Standards and Training Board was established within the Division to set policy and standards for peace officers and local correctional officers. A new chapter added to the Century Code created the Law Enforcement and Training Center and the Superintendent of the Highway Patrol appointed a director for the Center (S. L. 1981, Ch. 154).
1987 The Peace Officers Standards and Training Board was authorized to evaluate qualifications, examine for licensing, carry out disciplinary procedures, and adopt other rules for licensing and certifying of peace officers (S. L. 1987, Ch. 154).
1991 Licenses replaced certificates (S. L. 1991, Ch. 120).
2003 Legislation expanded the responsibilities and membership of the Peace Officers Standards and Training Board. Additionally the Office of the Attorney General was authorized to continue criminal justice training and to compile and analyze statistics (S. L. 2003, Ch.101).
2007 Tribal peace officers who met the requirements and rules adopted by the Peace Officers Standards and Training Board became eligible for a license and could serve as law enforcement officers on special assignments upon agreement between the state or political subdivision and the tribal police officer (S. L. 2007, Ch. 116).
SERIES
31215 Attorney General. Criminal Justice Training and Statistics Division. Public Service Announcements.
SOURCES
Gray, David P. Guide to the North Dakota State Archives, 1985.
North Dakota Century Code.
North Dakota Peace Officers Standards and Training Board Website.
North Dakota Secretary of State Blue Book.
North Dakota State Legislature Session Laws.
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