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ND SB2198

Bill

Status

Passed

4/3/2013

Primary Sponsor

Joe Miller

Click for details

Origin

Senate

63rd Legislative Assembly

AI Summary

  • Requires written reports from examining psychiatrists or psychologists within three days of expiration of commitment period or within thirty days after outpatient evaluation, with copies delivered to prosecutor and defendant's counsel.

  • Mandates fitness reports include identity of individuals interviewed, assessment procedures and tests used, examination date and time, relevant information obtained, and expert opinion on defendant's fitness to proceed and ability to communicate with counsel.

  • Establishes right to hearing if fitness report findings are contested, allowing prosecution and defense to summon and cross-examine examiners and present evidence on fitness issues.

  • Suspends annual review and discharge petition provisions for respondents transferred to Department of Corrections and Rehabilitation custody or serving prison terms in county jails or regional corrections centers.

  • Requires respondents released from imprisonment to be retransferred to executive director's custody and be entitled to a review determining whether continued commitment is warranted.

Legislative Description

Reports regarding a defendant's fitness to proceed in a criminal proceeding.

Last Action

Signed by Governor 04/03

4/3/2013

Committee Referrals

Judiciary1/16/2013

Full Bill Text

No bill text available