Page:1965 North Dakota Session Laws.pdf/198

198 any person transferred thereto as provided in section 12-47-27, a correct copy of the written order of the warden directing such transfer. The superintendent of the state hospital shall receive such person into the hospital upon the presentation of such order and shall deliver to the warden a certificate acknowledging the receipt of such person and of the original order. The certificate of the superintendent of the state hospital shall be retained by the warden and filed in his office.

§ 4. Amendment.) Section 12-53-07 of the 1963 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

12-53-07. Duty of Clerk of Court When Felony Sentence Is Suspended-Release of Defendant—Statistical Data.) Whenever the court shall make its order that the sentence imposed upon a person convicted of a felony shall be suspended and such person placed on probation as provided in this chapter, it shall be the immediate duty of the clerk of the court in which the judgment is entered to make full copies of the judgment of the court with the order for the suspension of the execution of the sentence thereunder and the reasons assigned by the court for such suspension, and to certify the same to the clerk of the parole board. Upon the entry in the records of the court of an order for such suspension and probation, the defendant shall be released from custody as soon as the requirements of the parole board have been met properly and fully. It shall also be the duty of the clerk of court, upon the disposition of any criminal case, to transmit to the parole board statistical data, in accordance with regulations issued by the board, regarding all defendants whether found guilty or discharged.

§ 5.) Section 12-55-11.1 of the North Dakota Century Code is hereby created and enacted to read as follows:

12-55-11.1. Commutation-Definition of.) A commutation of sentence is the change of the punishment to which a person is sentenced to a less severe punishment.

§ 6. Amendment.) Section 12-59-07 of the 1963 Supplement to the North Dakota Century Code is hereby amended and reenacted to read as follows:

12-59-07. Requirements Precedent to Parole.) No parole shall be granted to any person confined in the penitentiary unless:

1. He has maintained a good record at the penitentiary for a reasonable period prior to his application for a parole and the board is convinced that the applicant will conform to all the rules and regulations adopted by said board; or