Page:2017 North Dakota Session Laws.pdf/509

Criminal Code 12.1-04.1-07. Scope of examination.

An examination of the defendant conducted under section 12.1-04.1-05 may consist of such interviewing, clinical evaluation, and psychological testing as the tier 1a mental health professional considers appropriate, within the limits of nonexperimental, generally accepted medical, psychiatric, or psychological practices.

SECTION 10. AMENDMENT. Section 12.1-04.1-08 of the North Dakota Century Code is amended and reenacted as follows:

12.1-04.1-08. Recording of examination.

1. An examination of the defendant conducted under section 12.1-04.1-05 must be audio-recorded and, if ordered by the court, video-recorded. The manner of recording may be specified by rule or by court order in individual cases.

2. Within seven days after completion of an examination conducted under section 12.1-04.1-05, the tier 1a mental health professional conducting the examination shall deliver a copy of the recording of the examination, under seal, to the court and a copy of the recording to the defendant. The recording may not be disclosed except in accordance with this chapter.

SECTION 11. AMENDMENT. Section 12.1-04.1-10 of the North Dakota Century Code is amended and reenacted as follows:

12.1-04.1-10. Reports by tier 1a mental health professionals and expert witnesses.

A tier 1a mental health professional retained by the prosecuting attorney and a tier 1a mental health professional whom the defendant intends to call to testify at trial shall prepare a written report concerning any examination of the defendant and other pretrial inquiry by or under the supervision of the tier 1a mental health professional. Any other individual whom either party intends to call at trial as an expert witness on any aspect of the defendant's mental condition shall prepare a written report. A report under this section must contain:

1. The specific issues addressed.

2. The identity of individuals interviewed and records or other information used.

3. The procedures, tests, and techniques used.

4. The date and time of examination of the defendant, the explanation concerning the examination given to the defendant, and the identity of each individual present during an examination.

5. The relevant information obtained and findings made.

6. Matters concerning which the mental health professional was unable to obtain relevant information and the reasons therefor.

7. The conclusions reached and the reasoning on which the conclusions were based.

SECTION 12. AMENDMENT. Section 12.1-04.1-11 of the North Dakota Century Code is amended and reenacted as follows: