25.0876.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Satrom, Grueneich, Ostlie
Senators Conley, Dwyer
A BILL for an Act to amend and reenact section 12.1-31.2-02, subsection 1 of section
12.1-32-02, and subdivision h of subsection 5 of section 39-08-01 of the North Dakota Century
Code, relating to orders prohibiting contact and use of orders prohibiting contact as an
alternative to sentencing.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 12.1-31.2-02 of the North Dakota Century Code is
amended and reenacted as follows:
12.1-31.2-02. Order prohibiting contact.
1.a.If an individual who is charged with or, arrested for, or subject to a sentence or
order deferring imposition of sentence for a crime of violence or threat of
violence, stalking, harassment, or a sex offense is released from custody before
arraignment or trial, the court authorizing the release of the individual, imposing a
sentence, or issuing an order deferring imposition of sentence, shall consider and
may issue an order prohibiting the individual from having contact with the victim.
The order must contain the court's directives and must inform the individual that
any violation of the order constitutes a criminal offense. The state's attorney shall
provide a copy of the order to the victim. The court shall determine at the time of
the individual's arraignment whether an order issued pursuant to this section will
be extended. If the court issues an order pursuant to this section before the time
the individual is charged, the order expires at the individual's arraignment or
within seventy-two hours of issuance if charges against the individual are not
filed.
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ENGROSSED HOUSE BILL NO. 1336
FIRST ENGROSSMENT
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b.A party or victim may file a written request with the court to modify or terminate
an order issued under this section. If requested, the court may hold a hearing to
determine whether to grant or deny the request to modify or terminate an order.
c.If an order prohibiting contact is issued upon a charge or arrest, the order
terminates upon dismissal, acquittal, sentence, or order deferring imposition of
sentence. Upon sentence or order deferring imposition of sentence, the court
may issue a new order under this subsection.
2.If the court has probable cause to believe that the individual charged or
arrestedsubject to an order under subsection 1 is likely to use, display, or threaten to
use a firearm or dangerous weapon as defined in section 12.1-01-04 in any further act
of violence, the court shall require that the individual surrender for safekeeping any
firearm or specified dangerous weapon in or subject to the individual's immediate
possession or control, to the sheriff of the county or chief of police of the city in which
the individual resides.
3.WheneverIf an order prohibiting contact is issued, modified, extended, or terminated
under this section, the clerk of court shall forward a copy of the order within one
business day to the appropriate law enforcement agency specified in the order. Upon
receipt of the copy of the order, the law enforcement agency shall enter the order in
the central warrant information system and the national crime information center
database provided by the federal bureau of investigation, or its successor agency.
a.Once the bureau, after consultation with the state court administrator, determines
and implements a method to transmit electronically to the bureau an order
prohibiting contact, the court electronically shall send the full text of the order as
issued, modified, extended, or terminated in accordance with this section and any
data fields identified by the bureau. This electronic submission will fulfill the law
enforcement agency's requirement to enter the order in the central warrant
information system, but will not fulfill its requirement to enter, maintain, and
respond to inquiries regarding the order in the national crime information center
database provided by the federal bureau of investigation, or its successor
agency.
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b.Once the bureau, after consultation with the state court administrator, determines
and implements an electronic method to notify law enforcement about the order,
the clerk of court's requirement to forward the order to the law enforcement
agency will be satisfied.
c.Once the bureau, after consultation with the director of state radio, determines
and implements a method to enter the order into the national crime information
center database provided by the federal bureau of investigation, or its successor
agency, the bureau shall enter the order electronically in the national crime
information center database provided by the federal bureau of investigation, or its
successor agency. This electronic entry will fulfill the law enforcement agency's
requirement to enter the order in the national crime information center database
provided by the federal bureau of investigation, or its successor agency, but will
not fulfill its requirement to maintain and respond to inquiries regarding the order
in the national crime information center database provided by the federal bureau
of investigation, or its successor agency.
4.An individual who violates a court order issued under this section is guilty of a class A
misdemeanor.
5.A law enforcement officer shall arrest an individual without a warrant if the officer
determines there is probable cause that the individual has committed the offense of
violating an order prohibiting contact under this section, whether or not the violation
was committed in the presence of the officer. A law enforcement officer who acts in
good faith on probable cause and without malice is immune from any civil or criminal
liability for making an arrest under this subsection.
SECTION 2. AMENDMENT. Subsection 1 of section 12.1-32-02 of the North Dakota
Century Code is amended and reenacted as follows:
1.a.Every person convicted of an offense who is sentenced by the court must be
sentenced to one or a combination of the following alternatives, unless the
sentencing alternatives are otherwise specifically provided in the statute defining
the offense or sentencing is deferred under subsection 4:
a.(1)Payment of the reasonable costs of the person's prosecution.
b.(2)Probation.
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c.(3)A term of imprisonment, including intermittent imprisonment:
(1)(a)In a state correctional facility in accordance with section 29-27-07, in a
regional corrections center, or in a county jail, if convicted of a felony
or a class A misdemeanor.
(2)(b)In a county jail or in a regional corrections center, if convicted of a
class B misdemeanor.
(3)(c)In a facility or program deemed appropriate for the treatment of the
individual offender, including available community-based or
faith-based programs.
(4)(d)In the case of persons convicted of an offense who are under
eighteen years of age at the time of sentencing, the court is limited to
sentencing the minor defendant to a term of imprisonment in the
custody of the department of corrections and rehabilitation.
d.(4)A fine.
e.(5)Restitution for damages resulting from the commission of the offense.
f.(6)Restoration of damaged property or other appropriate work detail.
g.(7)Commitment to an appropriate licensed public or private institution for
treatment of alcoholism, drug addiction, or mental disease or defect.
h.(8)Commitment to a sexual offender treatment program.
i.(9)Drug court program. A drug court is a district court supervised treatment
program approved by the supreme court which combines judicial
supervision with alcohol and drug testing and substance use disorder
treatment in a licensed treatment program. The supreme court may adopt
rules, including rules of procedure, for drug court programs.
j.(10)Veterans treatment docket. A veterans treatment docket is a district court
supervised docket approved by the supreme court which combines judicial
supervision with licensed treatment programs to treat substance use
disorders, mental health conditions, behavioral health conditions, traumatic
brain injuries, military sexual trauma, and co-occurring disorders. The
supreme court may adopt rules, including rules of procedure, for veterans
treatment dockets.
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k.(11)Completion of a restorative justice program. For purposes of this section,
"restorative justice program" means a system of justice which focuses on
the rehabilitation of offenders through reconciliation with victims and the
community at large.
l.(12)Mental health court program. A mental health court is a district court
supervised treatment program approved by the supreme court which
combines judicial supervision with mental health services and treatment in a
licensed treatment program. The supreme court may adopt rules, including
rules of procedure, for mental health court programs.
(13)An order prohibiting contact.
b.Except as provided byin section 12.1-32-06.1, sentences imposed under this
subsection may not exceed in duration the maximum sentences of imprisonment
provided by section 12.1-32-01, section 12.1-32-09, or as provided specifically in
a statute defining an offense. This subsection does not permit the unconditional
discharge of an offender following conviction. A sentence under subdivision
eparagraph 5 or f6 of subdivision a must be imposed in the manner provided in
section 12.1-32-08. If the person is sentenced to a term of imprisonment, the
court may prohibit the person from contacting the victim during the term of
imprisonment. For purposes of this subsection, "victim" means victim as defined
in section 12.1-34-01.
SECTION 3. AMENDMENT. Subdivision h of subsection 5 of section 39-08-01 of the North
Dakota Century Code is amended and reenacted as follows:
h.If the penalty mandated by this section includes imprisonment or placement upon
conviction of a violation of this section or equivalent ordinance, and if an
addiction evaluation has indicated that the defendant needs treatment, the court
may order the defendant to undergo treatment at an appropriate licensed
addiction treatment program under subdivision g of subsection 1 of section
12.1-32-02 and the time spent by the defendant in the treatment must be credited
as a portion of a sentence of imprisonment or placement under this section. A
court may not order the department of corrections and rehabilitation to be
responsible for the costs of treatment in a private treatment facility.
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