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ND HB1116

Bill

Status

Passed

4/8/2013

Primary Sponsor

Judiciary Committee

Click for details

Origin

House of Representatives

63rd Legislative Assembly

AI Summary

  • Amends North Dakota Century Code Section 12.1-04-06 regarding examination of defendants whose fitness to proceed is in doubt.

  • Courts may order defendant detention in the least restrictive setting (state hospital, developmental center at Westwood Park Grafton, or other suitable facility) for examination by psychiatrist or licensed psychologist, not to exceed 30 days.

  • Allows courts to permit defendants to remain in their present or other suitable residential setting for evaluation by human service center or other facility, subject to reasonable court-imposed limitations.

  • Requires courts to verify that an inquiry was made prior to ordering evaluation by a human service center to ensure appropriate resources exist at that facility.

  • Permits courts to extend detention for up to 30 additional days for good cause shown, and guarantees defendant's legal counsel, family, and case assistance personnel reasonable opportunity to examine and confer with the defendant during detention.

Legislative Description

An evaluation to determine a defendant's fitness to proceed.

Last Action

Signed by Governor 04/08

4/8/2013

Committee Referrals

Judiciary1/8/2013

Full Bill Text

No bill text available