§ 12.1-32-02 — Sentencing alternatives - Credit for time in custody - Diagnostic testing

North Dakota § 12.1-32-02

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-32: Penalties and Sentencing

Text

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:
(1) Payment of the reasonable costs of the person's prosecution.
(2) Probation.
(3) A term of imprisonment, including intermittent imprisonment:

(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.
(b) In a county jail or in a regional corrections center, if convicted of a
class B misdemeanor.
(c) In a facility or program deemed appropriate for the treatment of the
individual offender, including available community-based or
faith-based programs.
(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.
(4) A fine.
(5) Restitution for damages resulting from the commission of the offense.
(6) A no contact order prohibiting contact with a victim of the offense.
(7) Restoration of damaged property or other appropriate work detail.
(8) Commitment to an appropriate licensed public or private institution for
treatment of alcoholism, drug addiction, or mental disease or defect.
(9) Commitment to a sexual offender treatment program.
(10) Treatment court program. A treatment 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 treatment court programs.
(11) 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.
(12) 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.
(13) 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.
(14) An order prohibiting contact.
b. Except as provided in 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 paragraph 5 or 7
of subdivision a must be imposed in the manner provided in section 12.1-32-08.
For purposes of this subsection, "victim" means victim as defined in section
12.1-34-01.
2. Credit against any sentence to a term of imprisonment must be given by the court to a
defendant for all time spent in custody as a result of the criminal charge for which the
sentence was imposed or as a result of the conduct on which such charge was based.
"Time spent in custody" includes time spent in custody in a jail or mental institution for
the offense charged, whether that time is spent prior to trial, during trial, pending
sentence, or pending appeal. The total amount of credit the defendant is entitled to for

time spent in custody and any credit for sentence reduction under section 12-44.1-32
or 12-54.1-01 the defendant is entitled to must be stated in the criminal judgment.
3. A court may suspend the execution of all or a part of the sentence imposed. The court
shall place the defendant on probation during the term of suspension.
4. A court, upon application or its own motion, may defer imposition of sentence. The
court must place the defendant on probation during the period of deferment. An order
deferring imposition of sentence is reviewable upon appeal from a verdict or judgment.
In any subsequent prosecution, for any other offense, the prior conviction for which
imposition of sentence is deferred may be pleaded and proved, and has the same
effect as if probation had not been granted or the information or indictment dismissed
under section 12.1-32-07.1.
5. A court may, prior to imposition of sentence, order the convicted offender committed to
an appropriate licensed public or private institution for diagnostic testing for such
period of time as may be necessary, but not to exceed thirty days. The court may, by
subsequent order, extend the period of commitment for not to exceed thirty additional
days. The court may also order such diagnostic testing without ordering commitment to
an institution. Validity of a sentence must not be challenged on the ground that
diagnostic testing was not performed pursuant to this subsection.
6. All sentences imposed must be accompanied by a written statement by the court
setting forth the reasons for imposing the particular sentence. The statement must
become part of the record of the case.
7. If an offender is sentenced to a term of imprisonment, that term of imprisonment
commences at the time of sentencing, unless, upon motion of the defendant, the court
orders the term to commence at some other time.
8. Unless otherwise specifically authorized in the statute defining the offense, a court
may not include a minimum term of imprisonment as part of its sentence.
9. A person who is convicted of a felony and sentenced to imprisonment for not more
than three hundred sixty days is deemed to have been convicted of a misdemeanor.
However, if an order is entered revoking a term of probation that was imposed as part
of a sentence, the person is deemed to have been convicted of a felony.
10. A court shall order a defendant to pay fifty dollars to the department of corrections and
rehabilitation at the time a presentence investigation is initiated to partially defray the
costs incurred by the department for the preparation of the presentence report. The
court may also order that any additional costs incurred by the department relating to
the presentence investigation and report be paid by the defendant at a rate of payment
up to the full costs of conducting the investigation and preparing the report as
established by the department.
11. Before sentencing a defendant on a felony charge under section 12.1-20-03,
12.1-20-03.1, 12.1-20-11, 12.1-27.2-02, 12.1-27.2-03, 12.1-27.2-04, or 12.1-27.2-05, a
court shall order the department of corrections and rehabilitation to conduct a
presentence investigation and to prepare a presentence report. A presentence
investigation for a charge under section 12.1-20-03 must include a risk assessment. A
court may order the inclusion of a risk assessment in any presentence investigation. In
all felony or class A misdemeanor offenses, in which force, as defined in section
12.1-01-04, or threat of force is an element of the offense or in violation of section
12.1-22-02, or an attempt to commit the offenses, a court, unless a presentence
investigation has been ordered, must receive a criminal record report before the
sentencing of the defendant. Unless otherwise ordered by the court, the criminal
record report must be conducted by the department of corrections and rehabilitation
after consulting with the prosecuting attorney regarding the defendant's criminal
record. The criminal record report must be in writing, filed with the court before
sentencing, and made a part of the court's record of the sentencing proceeding.