Page:2021 North Dakota Session Laws.pdf/396

Criminal Code CRIMINAL CODE

CHAPTER 104

HOUSE BILL NO. 1181

(Representatives Skroch, Klemin, Vetter)

(Senators Burckhard, Clemens)

AN ACT to to create and enact section 12.1-04-04.1 of the North Dakota Century Code, relating to a defendant's fitness to proceed; and to amend and reenact sections 12.1-04-04, 12.1-04-06, 12.1-04-07, and 12.1-04-08 of the North Dakota Century Code, relating to a defendant's fitness to proceed.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

'''SECTION 1. AMENDMENT.''' Section 12.1-04-04 of the North Dakota Century Code is amended and reenacted as follows:

12.1-04-04. Disposition of mentally unfit defendantsDefinitions.

No person who, as a result of mental disease or defect, lacks capacity to understand the proceedings against the person or to assist in the person's own defense shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity enduresAs used in this chapter, unless the context otherwise requires:

1. "Fitness to proceed" means sufficient present ability to consult with the individual's counsel with a reasonable degree of rational understanding and a rational as well as factual understanding of the proceedings against the individual.

2. "Least restrictive appropriate setting" means available treatment or service that best meets the identified need and is no more restrictive of physical or social liberties than what is necessary to meet the need.

3. "Therapeutically appropriate treatment" means treatment that provides the individual the greatest probability of improvement or cure.

SECTION 2. Section 12.1-04-04.1 of the North Dakota Century Code is created and enacted as follows:

12.1-04-04.1. Disposition of defendants - Lack of fitness to proceed Records.

1. A defendant is presumed to be fit to stand trial, to plead, or to be sentenced.

2. An individual who lacks fitness to proceed may not be tried, convicted, or sentenced for the commission of an offense.