Page:1965 North Dakota Session Laws.pdf/197

CRIMES CHAPTER 110

S. B. No. 52

(Reichert, Longmire)

(From LRC Study)

TRANSFER OF MENTALLY ILL PRISONERS

AN ACT

To create sections 12-55-11.1 and 12-59-13.1 and to amend and reenact sections 12-30-12, 12-47-27, 12-47-28, 12-53-07, 12-59-07, and 12-59-13 of the North Dakota Century Code, relating to a definition of commutation; parole; indeterminate sentence; and transfer of mentally ill to state hospital.

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

§ 1. Amendment.) Section 12-30-12 of the 1963 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

12-30-12. Psychiatric Treatment.) The warden may cause any person convicted under the provisions of this chapter to be given psychiatric treatment or to be transferred to the state hospital for diagnosis and disposition according to such conditions as may be prescribed by the warden after consultation with the prison psychiatrist or psychologist.

§ 2. Amendment.) Section 12-47-27 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

12-47-27. Transfer of Penitentiary Inmate to State Hospital-Written Order by Warden.) Whenever the warden of the penitentiary believes that a person confined in the penitentiary has become mentally ill during his confinement he may require such person to be given a psychiatric evaluation or transfer such person to the state hospital for such evaluation. If it is found from the evaluation that such person is mentally ill such person shall be confined and treated in the state hospital upon a written order by the warden.

§ 3. Amendment.) Section 12-47-28 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

12-47-28. Copy of Written Order by Warden Delivered to Superintendent of State Hospital—Superintendent to Receive Inmate-Filing of Receipt.) The warden of the penitentiary shall deliver to the superintendent of the state hospital, with