§ 12.1-04-06 — Temporary detention for purposes of examination

North Dakota § 12.1-04-06

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-04: Juveniles - Intoxication - Fitness to Proceed

Text

Whenever there is reason to doubt the defendant's fitness to proceed, the court may order
temporary detention of the defendant for the purpose of an examination. The temporary
detention must be in the least restrictive appropriate setting, including the state hospital, the life
skills and transition center, or other suitable facility for a reasonable period, not to exceed thirty
days, for such examination. In lieu of detention, the court may allow the defendant to remain in
the defendant's present residential setting or other suitable residential setting for the purpose of
examination, subject to any reasonable limitation the court may impose. A state-operated
behavioral health clinic may be considered if the court is aware an inquiry was made before the
court ordered the evaluation to ensure appropriate resources exist at the state-operated
behavioral health clinic being ordered to conduct the examination. While the defendant is
detained, the defendant's legal counsel, family, and others necessary to assist in the
defendant's case must have reasonable opportunity to examine and confer with the defendant.