§ 12.1-32-07 — Supervision of probationer - Conditions of probation - Revocation

North Dakota § 12.1-32-07

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

Text

1. When the court imposes probation upon conviction for a felony offense subject to
section 12.1-32-09.1 or 12.1-32-02.1, a second or subsequent violation of section

12.1-17-07.1, a second or subsequent violation of any domestic violence protection
order, a violation of chapter 12.1-41, a violation of section 14-09-22, or a felony offense
under chapter 39-08, the court shall place the defendant under the supervision and
management of the department of corrections and rehabilitation. When the court
imposes probation upon conviction or order of disposition in all other felony cases, the
court may place the defendant under the supervision and management of the
department of corrections and rehabilitation. In class A misdemeanor cases, the court
may place the defendant under the supervision and management of the department of
corrections and rehabilitation or other responsible party. In all other cases, the court
may place the defendant under the supervision and management of a community
corrections program other than the department of corrections and rehabilitation. A
community corrections program means a program for the supervision of a defendant,
including monitoring and enforcement of terms and conditions of probation set by the
court.
2. The department of corrections and rehabilitation may administer a risk assessment for
the evaluation of each defendant placed under the supervision and management of
the department of corrections and rehabilitation. The results of the risk assessment
may be used to set a level of supervision and management and develop an
individualized case plan for the defendant. The case plan may include a list of
responsivity factors and a plan to address any risk factors identified in the risk
assessment.
3. The court shall provide as an explicit condition of every probation that the defendant
may not possess a firearm, destructive device, or other dangerous weapon while the
defendant is on probation. Except when the offense is a misdemeanor offense under
section 12.1-17-01, 12.1-17-01.1, 12.1-17-01.2, 12.1-17-05, or 12.1-17-07.1, or
chapter 14-07.1, the court may waive this condition of probation if the defendant has
pled guilty to, or has been found guilty of, a misdemeanor or infraction offense, the
misdemeanor or infraction is the defendant's first offense, and the court has made a
specific finding on the record before imposition of a sentence or a probation that there
is good cause to waive the condition. The court may not waive this condition of
probation if the court places the defendant under the supervision and management of
the department of corrections and rehabilitation. The court shall provide as an explicit
condition of probation that the defendant may not willfully defraud a urine test
administered as a condition of probation. Unless waived on the record by the court, the
court shall also provide as a condition of probation that the defendant undergo various
agreed-to community constraints and conditions as intermediate measures of the
department of corrections and rehabilitation to avoid revocation, which may include:
a. Community service;
b. Day reporting;
c. Curfew;
d. Home confinement;
e. House arrest;
f. Electronic monitoring;
g. Residential halfway house;
h. Intensive supervision program;
i. Up to five nonsuccessive periods of incarceration during any twelve-month
period, each of which may not exceed forty-eight consecutive hours;
j. Participation in the twenty-four seven sobriety program; or
k. One period of incarceration during a period of probation not to exceed thirty
consecutive days in lieu of a petition for revocation of probation.
4. When imposing a sentence to probation, probation in conjunction with imprisonment,
or probation in conjunction with suspended execution or deferred imposition of
sentence, the court may impose such conditions as it deems appropriate and may
include any one or more of the following:

a. Work faithfully at a suitable employment or faithfully pursue a course of study or
of career and technical education training that will equip the defendant for
suitable employment.
b. Undergo available medical or psychiatric treatment and remain in a specified
institution if required for that purpose.
c. Attend or reside in a facility established for the instruction, recreation, or
residence of persons on probation.
d. Support the defendant's dependents and meet other family responsibilities.
e. Make restitution or reparation to the victim of the defendant's conduct for the
damage or injury which was sustained or perform other reasonable assigned
work. When restitution, reparation, or assigned work is a condition of probation,
the court shall proceed as provided in subsection 1 or 2, as applicable, of section