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ND SB2046
Bill
AI Summary
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Requires automatic dismissal of proceedings if a defendant charged with a class B misdemeanor (except those under chapter 12.1-17) lacks fitness to proceed based on preponderance of evidence.
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Suspends proceedings for up to 180 days if defendant charged with felony or class A misdemeanor lacks fitness but may regain it with treatment; court may extend suspension an additional 365 days with medical evidence.
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Suspends proceedings for class B misdemeanors under chapter 12.1-17 for a period not exceeding the maximum term of imprisonment for the most serious offense charged.
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Allows court to order least restrictive therapeutically appropriate treatment and authorize public funding for mental health professional services if defendant cannot afford them.
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Requires courts to make referrals for other appropriate services when defendant will not attain fitness, including guardianship proceedings, civil commitment, or other court-deemed services.
Legislative Description
Fitness to proceed.
Last Action
Filed with Secretary Of State 04/13
4/17/2023