§ 12.1-32-08 — Hearing prior to ordering restitution or reparation - Conditions - Collection of restitution for insufficient funds checks - Continuing appropriation

North Dakota § 12.1-32-08

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

Text

f. Pay a fine imposed after consideration of the provisions of section 12.1-32-05.
g. Refrain from excessive use of alcohol or any use of narcotics or of another
dangerous or abusable drug without a prescription.
h. Permit the probation officer to visit the defendant at reasonable times at the
defendant's home or elsewhere.
i. Remain within the jurisdiction of the court, unless granted permission to leave by
the court or the probation officer.
j. Answer all reasonable inquiries by the probation officer and promptly notify the
probation officer of any change in address or employment.
k. Report to a probation officer at reasonable times as directed by the court or the
probation officer.
l. Submit to a medical examination or other reasonable testing for the purpose of
determining the defendant's use of narcotics, marijuana, or other controlled
substance whenever required by a probation officer.
m. Refrain from associating with known users or traffickers in narcotics, marijuana,
or other controlled substances.
n. Submit the defendant's person, place of residence, or vehicle to search and
seizure by a probation officer at any time of the day or night, with or without a
search warrant.
o. Serve a term of imprisonment of up to one-half of the maximum term authorized
for the offense of which the defendant was convicted.
p. Reimburse the costs and expenses determined necessary for the defendant's
adequate defense when counsel is appointed or provided at public expense for
the defendant. When reimbursement of indigent defense costs and expenses is
imposed as a condition of probation, the court shall proceed as provided in
subsection 4 of section 12.1-32-08.
q. Provide community service for the number of hours designated by the court.
r. Refrain from any subscription to, access to, or use of the internet.
5. When the court imposes a sentence to probation, probation in conjunction with
imprisonment, or probation in conjunction with suspended execution or deferred
imposition of sentence, the defendant must be given a certificate explicitly setting forth
the conditions on which the defendant is being released.
6. The court, upon notice to the probationer and with good cause, may modify or enlarge
the conditions of probation at any time before the expiration or termination of the
period for which the probation remains conditional. If the defendant violates a condition
of probation at any time before the expiration or termination of the period, the court
may continue the defendant on the existing probation, with or without modifying or
enlarging the conditions, or may revoke the probation and impose any other sentence
that was available under section 12.1-32-02 or 12.1-32-09 at the time of initial
sentencing or deferment.
7. The court may continue or modify probation conditions or revoke probation for a
violation of probation conditions occurring before the expiration or termination of the
period of probation notwithstanding that the order of the court is imposed after the

expiration or termination has occurred. The petition for revocation must be issued
within sixty days of the expiration or termination of probation.
8. Jurisdiction over a probationer may be transferred from the court that imposed the
sentence to another court of this state with the concurrence of both courts. Retransfers
of jurisdiction may also occur in the same manner. The court to which jurisdiction has
been transferred under this subsection may exercise all powers permissible under this
chapter over the defendant.
9. Notwithstanding any other provision of law, the court may authorize the defendant to
assist law enforcement officers in an investigation of a criminal offense upon the terms
and conditions as the court may require by written order. The court shall hold a hearing
in camera before issuing an order under this subsection. The order must be sealed
and is subject to inspection only upon order of the court.
10. The department of corrections and rehabilitation shall provide written notice to a
defendant who is in the department's physical custody of any untried petition for
revocation against the defendant of which the department has notice and of the
defendant's right to make a request for final disposition of the petition.
a. Upon notice of an untried petition for revocation of probation, the defendant may
request final disposition of the petition. The defendant's request must be in writing
and name the court in which the petition for revocation of probation is pending
and the prosecuting official charged with the duty of prosecuting the petition.
b. The defendant shall submit the request to the department. The department shall
certify the term of commitment under which the defendant is being held, the time
the defendant has served on the sentence, the time remaining to be served,
sentence reduction credit the defendant has earned, the defendant's eligibility for
parole, and whether the parole board has made a decision regarding the
defendant's parole.
c. The department shall send by registered mail, return receipt requested, one copy
of the request and certificate to the court and one copy to the prosecuting official
to whom the request and certificate is addressed.
d. The petition for revocation of probation must be brought to the court for hearing
within ninety days after the receipt of the request and certificate by the court and
prosecuting official. If the petition is not brought to the court for hearing within the
ninety days, the court shall dismiss the petition with prejudice.
e. The parties may stipulate for a continuance or the court may grant a continuance
upon a showing of good cause by either party for a petition under this subsection.
f. If the defendant escapes from custody subsequent to the defendant's execution
of a request for final disposition of a petition for revocation, the request is
considered void.