Page:2019 North Dakota Session Laws.pdf/465

Rh CHAPTER 117

HOUSE BILL NO. 1252

(Representatives Louser, Becker, Blum, Kading, Kasper, K. Koppelman)

(Senators Burckhard, Hogue, Poolman, Unruh)

AN ACT to create and enact a new subsection to section 12.1-34-02 of the North Dakota Century Code, relating to rights of victims; to amend and reenact subsection 1 of section 12.1-32-02, subsection 1 of section 12.1-32-08, and subsection 10 of section 12.1-34-01 of the North Dakota Century Code, relating to contact with victims, the definition of victim, and restitution; and to declare an emergency.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

42 SECTION 1. AMENDMENT. Subsection 1 of section 12.1-32-02 of the North Dakota Century Code is amended and reenacted as follows:

1. Every person convicted of an offense who is sentenced by the court must be sentenced to one or a combination of the following alternatives, unless the sentencing alternatives are otherwise specifically provided in the statute defining the offense or sentencing is deferred under subsection 4:

a. Payment of the reasonable costs of the person's prosecution.

b. Probation.

c. A term of imprisonment, including intermittent imprisonment:

(1) In a state correctional facility in accordance with section 29-27-07, in a regional corrections center, or in a county jail, if convicted of a felony or a class A misdemeanor.

(2) In a county jail or in a regional corrections center, if convicted of a class B misdemeanor.

(3) In a facility or program deemed appropriate for the treatment of the individual offender, including available community-based or faith-based programs.

(4) In the case of persons convicted of an offense who are under eighteen years of age at the time of sentencing, the court is limited to sentencing the minor defendant to a term of imprisonment in the custody of the department of corrections and rehabilitation.

d. A fine.

e. Restitution for damages resulting from the commission of the offense.

42 Section 12.1-32-02 was also amended by section 1 of House Bill No. 1164, chapter 188, and section 1 of House Bill No. 1185, chapter 118.