14-07.1-20. Domestic violence fatality review commission
1. The attorney general's office may establish a domestic violence fatality review
commission to review domestic violence deaths that have occurred in the state. The
domestic violence fatality review commission may review incidents in which the
investigation of fatal incidents of domestic violence has been completed or adjudicated
by law enforcement for the purpose of:
a. Recommending policies and protocols to prevent the incidence of domestic
violence and resulting fatalities; and
b. Providing consultation and coordination for agencies involved in the prevention
and investigation of domestic violence.
2. The attorney general shall appoint the membership of the domestic violence fatality
review commission, as appropriate, and may include representatives from:
a. Law enforcement agencies within the state;
b. County or city attorneys and public defenders, and the judiciary;
c. The medical examiner;
d. The department of corrections and rehabilitation;
e. Physicians and mental health professionals;
f. Employees of the department of health and human services and county social
services;
g. Local civic agencies and organizations involved with crime victims and domestic
violence protection, reporting, counseling, and assistance;
h. Other organizations, departments, and agencies determined to be appropriate;
and
i. Other individuals serving on an ad hoc basis in association with a particular
review.
3. The commission may investigate and review the facts and circumstances of all deaths
that occur in the state as a result of domestic violence.
a. The review may include necessary and appropriate information, including current
laws and policies, actions taken by agencies and persons related to or involved
with the incident, criminal justice data collection and analysis, and other
information the commission determines to be relevant to the review.
b. The confidential and other appropriate records of a department or agency of the
state, county, or municipality relating to the domestic violence incident may be
examined by the commission. Upon request or investigative demand from a
representative of the commission, any hospital, physician, medical professional,
medical facility, mental health professional, or mental health facility shall disclose
all records of that person with respect to any death that has occurred as a result
of domestic violence, as determined by the commission. The domestic violence
fatality review commission and each member of the commission shall preserve
the confidentiality of any records examined.
4. The domestic violence fatality review commission shall report its findings and
recommendations from the previous calendar year to the attorney general before
March thirty-first of each year.
5. Meetings of the domestic violence fatality review commission are closed to the public
and are not subject to section 44-04-19.
6. The determinations, conclusions, and recommendations of the domestic violence
fatality review commission are not admissible in a civil or criminal proceeding.
7. Except for a public report issued by the attorney general's office, any information,
records, or data collected by the commission are an exempt record. The commission
may not use the information, records, or data for purposes other than those
designated by this section.
8. Whenever funding is available from grants, a member of the domestic violence fatality
review commission who is not a permanent full-time state employee is entitled to
compensation at a rate of seventy-five dollars per day and mileage and expense
reimbursement as provided for in sections 44-08-04 and 54-06-09. A state employee
who is a member of the commission must receive that employee's regular salary and
is entitled to mileage and expense reimbursement as provided for in sections 44-08-04
and 54-06-09, to be paid by the employing agency.
