Bureau of Investigations and Criminal Apprehension | (701) 306-8083 

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Policy Code: 0813.24-1
Effective Date: August 14th, 2024
Issued by: Director W. Regan

1. Exemptions to Disclosure Requirements

1.1. Scope of Exemptions

Information is exempt from disclosure under Policy Code 0813.24(1) if it pertains to:

1. A motor vehicle operator's or driver's license or permit issued by any state, foreign country, or local agency.

2. A motor vehicle title or registration issued by any state, foreign country, or local agency.

3. A personal identification document issued by any state, foreign country, or local agency authorized to issue such identification.

1.2. Release of Exempted Information

Excepted information under Section 1.1 may only be released if authorized by a court order and in the manner prescribed by the court.

1.3. Redaction by Investigative Firms or Agencies

   1. Investigative firms or agencies may redact information covered under Section 1.1 without seeking a court decision before disclosure.

   2. If redacted information is challenged, the requester may seek a court ruling on the matter. 

   3. The court shall establish procedures and deadlines for submitting necessary information and issue a decision within 

   45 business days. 

   4. A decision may be appealed to a Cass County Magistrate or Superior Court. 

1.4. Notification of Redacted Information

Investigative firms or agencies that redact information under Section 1.3 must provide the requester with:

1. A description of the redacted or withheld information.

2. A reference to this policy.

3. Instructions on how to seek a subpoena from the court for further review.

 

Policy Code: 0813.24-2
Effective Date: August 14th, 2024
Issued by: Director W. Regan

2. Exemptions for Releasing Investigative Information

2.1. Scope of Exemptions

Information held by an investigative agency related to criminal detection, investigation, or prosecution is exempt if:

1. Its release would interfere with an ongoing criminal investigation or prosecution.

2. It pertains to an investigation that did not result in a conviction or deferred adjudication.

3. It relates to a threat against an investigator or other Bureau of Investigative and Criminal Affairs (BICA) personnel.

4. It is prepared by an attorney in anticipation of or during criminal litigation and reflects legal strategies or reasoning.

2.2. Internal Records and Notations

Internal records or notations maintained for investigative or prosecutorial purposes are exempt if:

1. Their release would interfere with investigative activities.

2. They relate to an investigation that did not lead to a conviction or deferred adjudication.

3. They were prepared by an attorney for litigation purposes or contain legal reasoning.

2.3. Mandatory Release of Basic Information

Notwithstanding the exemptions above, basic information about an arrested person, an arrest, or a crime must be disclosed unless another legal provision allows for its withholding.

2.4. Viewing of Crime-Related Evidence

The court may permit individuals to view specific evidence related to a crime that resulted in death if:

1. A family member of the deceased victim requests to view a medical examiner’s report.

2. A victim or their family member requests to view video evidence of the crime.

3. Any person granted access may not duplicate, record, or distribute the evidence and may be required to sign a confidentiality agreement.

2.5. Limitations on Voluntary Disclosure

1. Viewing permitted under Section 2.4 does not constitute voluntary disclosure under this policy.

2. Providing confidential information under this provision does not waive confidentiality protections under state or federal law.

2.6. Additional Provisions

1. This policy does not restrict access to medical examiner’s reports or video evidence under other applicable laws.

2. It does not alter legal procedures for obtaining such evidence.

3. It does not affect permissible uses of the obtained information under existing law.

2.7. Definitions

1. Family Member – A person related to a crime victim within the first degree of consanguinity or affinity.

2. Medical Examiner's Report – A report prepared by a medical examiner, including autopsy and toxicology reports, but excluding photographs or medical images.

3. Victim – An individual who suffered injury or death due to criminal conduct.