North Dakota § 19-03.1-45 Drug abuse assessment and treatment - Presentence investigation - Certified drug abuse treatment programs

North Dakota Statutes

§ 19-03.1-45 — Drug abuse assessment and treatment - Presentence investigation - Certified drug abuse treatment programs

North Dakota § 19-03.1-45

Title 19Foods, Drugs, Oils, and Compounds

Ch. 19-03.1Uniform Controlled Substances Act

This text of North Dakota § 19-03.1-45 (Drug abuse assessment and treatment - Presentence investigation - Certified drug abuse treatment programs) 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 § 19-03.1-45 (2026).

Text

Certified drug abuse treatment programs.

1.If a person has pled guilty or has been found guilty of a felony violation of subsection 7 of section 19-03.1-23, if that person has not previously pled guilty or been found guilty of any offense involving the use, possession, manufacture, or delivery of a controlled substance or of any other felony offense of this or another state or the federal government, the court shall impose a period of probation up to the length authorized under section 12.1-32-06.1 with a suspended execution of a sentence of imprisonment, a sentence to probation, or an order deferring imposition of sentence.

2.Upon a plea or finding of guilt of a person subject to subsection 1, the court shall order a presentence investigation to be conducted by the department. The pres

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Certified drug abuse treatment programs.
1. If a person has pled guilty or has been found guilty of a felony violation of subsection 7
of section 19-03.1-23, if that person has not previously pled guilty or been found guilty
of any offense involving the use, possession, manufacture, or delivery of a controlled
substance or of any other felony offense of this or another state or the federal
government, the court shall impose a period of probation up to the length authorized
under section 12.1-32-06.1 with a suspended execution of a sentence of
imprisonment, a sentence to probation, or an order deferring imposition of sentence.

2. Upon a plea or finding of guilt of a person subject to subsection 1, the court shall order
a presentence investigation to be conducted by the department. The presentence
investigation must include a drug and alcohol evaluation conducted by a licensed
addiction counselor.
3. If the licensed addiction counselor recommends treatment, the court shall require the
person to participate in an addiction program licensed by the department of health and
human services as a condition of the probation. The court shall commit the person to
treatment through a licensed addiction program until determined suitable for discharge
by the court. The term of treatment may not exceed eighteen months and may include
an aftercare plan. During the commitment and while subject to probation, the
department shall supervise the person.
4. If the person fails to participate in, or has a pattern of intentional conduct that
demonstrates the person's refusal to comply with or participate in the treatment
program, as established by judicial finding, the person is subject to revocation of the
probation. Notwithstanding subsection 2 of section 12.1-32-02, the amount of time
participating in the treatment program under this section is not "time spent in custody"
and will not be a credit against any sentence to term of imprisonment.
5. In this section:
a. "Department" means the department of corrections and rehabilitation; and
b. "Licensed addiction counselor" is a person licensed pursuant to section
43-45-05.1.