Section 29-29.5-05 - Written agreement requiredExcept for court proceedings, a law enforcement agency may use a confidential informant only with a written agreement executed by the confidential informant and the law enforcement agency. An agreement for use of a confidential informant must be in writing, and include:
1. The confidential informant's right to remain silent, the right to speak with legal counsel at any time, and the right to cease working as a confidential informant;2. A statement of the benefit, which will be recommended upon substantial compliance with the informant agreement;3. A statement that an absolute guarantee or promise may not be made to the confidential informant other than law enforcement will truthfully report cooperation;4. A statement of the inherent risk associated with acting as a confidential informant;5. Confidential informant responsibilities, including testifying truthfully if called as a witness in a court proceeding;6. A written waiver of right to counsel which must be executed separately and attached to the informant agreement, signed by the confidential informant and a law enforcement officer, and include language stating that consulting legal counsel at any time will not invalidate the agreement;7. The parameters of the agreement, detailing the anticipated number of buys, sales, acts, or the duration of service;8. A description of any penalty for violating the terms of the written agreement, including any additional criminal charges;9. A warning that sexual relations with an intended target of a police investigation is a violation of the agreement and may be a violation of the law;10. A statement that money or property loaned or entrusted to the confidential informant by law enforcement may not be used for personal use and must be accounted for at all times; and11. Specification of any known crimes of violence committed by a target offender.Added by S.L. 2017, ch. 229 (HB 1221),§ 2, eff. 8/1/2017.