Page:1973 North Dakota Session Laws.pdf/225

CRIMES fitness to proceed, or reason to believe that mental disease or defect will otherwise become an issue in the case, the court may order the defendant to undergo an examination by a licensed psychiatrist and may order him committed to the state hospital or other suitable facility for a period not to exceed thirty days for such examination. The court may, by subsequent order, extend the period of commitment for not to exceed thirty additional days. While the defendant is committed, his legal counsel, family, and others necessary to assist in his case shall have reasonable opportunity to examine and confer with him.

12.1-04-07.) The report of the examining psychiatrists shall be given in writing to the court, who shall cause copies to be delivered to the prosecutor and counsel for the defendant. If the findings of the report are contested, the court shall hold a hearing prior to deciding the issue. Upon hearing, the prosecution and defense shall have the right to summon and cross-examine the persons responsible for the report and to offer evidence upon the issues.

12.1-04-08.) If the court determines that the defendant lacks fitness to proceed, the proceedings against him shall be suspended, except as provided in section 12.1-04-09, and the court shall commit him to the custody of the superintendent of the state hospital or the state school. However, the defendant cannot be held more than the reasonable period of time necessary to determine whether there is a substantial probability that he will attain fitness to proceed in the foreseeable future. Continued commitment of the defendant must be justified by progress toward fitness to proceed. The entire period of such commitment shall not exceed the maximum period for which the defendant could be sentenced and in no event shall exceed three years. When the court determines, after a hearing if a hearing is requested, that the defendant has regained fitness to proceed, the proceeding shall be resumed. If prosecution of the defendant has not resumed prior to the expiration of the maximum period for which the defendant could be committed, or it is obvious that the defendant will not regain fitness to proceed, the charges against him shall be dismissed and the defendant shall be subject to laws governing civil commitment of persons suffering from mental disease or defect.

12.1-04-09.) The fact that the defendant is unfit to proceed does not preclude any legal objection to the prosecution which is susceptible of fair determination prior to trial and without the personal participation of the defendant.

12.1-04-10.) When the defendant is acquitted on the ground of mental disease or defect which excludes responsibility, the state's attorney shall file a written application with the county mental health board for determination of the defendant's need for institutional custody, care, or treatment pursuant to section 25-03-11.

SECTION 5.) Chapter 12.1-05 of the North Dakota Century Code is hereby created and enacted to read as follows:

12.1-05-01. JUSTIFICATION.) 1. Except as otherwise expressly