Page:1959 North Dakota Session Laws.pdf/239

CRIMES '''12-5202. Parole on Recommendation of Superintendent.)''' No parole shall be granted to any person committed to the state training school or placed under the guardianship, control and custody of the superintendent thereof unless the superintendent recommends the parole to the board of administration and some suitable person will receive the person paroled under such conditions as may be approved by the superintendent of the school. Nothing herein contained shall prevent the parole of any person into his own home, or with the approval of the public welfare board of North Dakota or its duly authorized agent, into a licensed foster home under one of the welfare programs administered by the public welfare board of North Dakota.

Approved March 2, 1959.

To amend and reenact sections 12-5313, 12-5314 and 12-5315 of the 1957 Supplement to the North Dakota Revised Code of 1943 relating to the suspension of the imposition of sentence, when authorized, placing the defendant under the control of board of pardons, sponsor of defendant, and when probation may be terminated, and declaring an emergency.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Amendment.) Section 12-5313 of the 1957 Supplement to the North Dakota Revised Code of 1943 is hereby amended and reenacted to read as follows:

12-5313. Imposition of Sentence Suspended; When Authorized.) When a defendant has been found guilty of a crime, whether or not for the first time, excepting the crimes mentioned in section 12-5302, the court having jurisdiction thereof, including a justice of the peace, upon application or its own motion may, in its discretion, suspend the imposing of the sentence and may direct that such suspension continue for a definite period of time, not exceeding five years, and upon such terms and conditions as it may determine.

§ 2. Amendment.) Section 12-5314 of the 1957 Supplement to the North Dakota Revised Code of 1943 is hereby amended and reenacted to read as follows: