North Dakota § 12.1-04-04 Definitions

North Dakota Statutes

§ 12.1-04-04 — Definitions

North Dakota § 12.1-04-04

Title 12.1Criminal Code

Ch. 12.1-04Juveniles - Intoxication - Fitness to Proceed

This text of North Dakota § 12.1-04-04 (Definitions) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 12.1-04-04 (2026).

Text

As used in this chapter, unless the context otherwise requires:

1."Fitness to proceed" means sufficient present ability to consult with the individual's counsel with a reasonable degree of rational understanding and a rational as well as factual understanding of the proceedings against the individual.

2."Least restrictive appropriate setting" means available treatment or service that best meets the identified need and is no more restrictive of physical or social liberties than what is necessary to meet the need.

3."Therapeutically appropriate treatment" means treatment that provides the individual the greatest probability of improvement or cure.

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As used in this chapter, unless the context otherwise requires:
1. "Fitness to proceed" means sufficient present ability to consult with the individual's
counsel with a reasonable degree of rational understanding and a rational as well as
factual understanding of the proceedings against the individual.
2. "Least restrictive appropriate setting" means available treatment or service that best
meets the identified need and is no more restrictive of physical or social liberties than
what is necessary to meet the need.
3. "Therapeutically appropriate treatment" means treatment that provides the individual
the greatest probability of improvement or cure.