Page:2021 North Dakota Session Laws.pdf/398

Criminal Code a. The identity of the individuals interviewed and records and other information considered.

b. Procedures, tests, and techniques utilized in the assessment.

c. The date and time of the examination of the defendant, and the identity of each individual present during the examination.

d. The relevant information obtained, other information not obtained, and the defendant's responses to questions related to the defendant's fitness to proceed, except for any restricted, proprietary, copyrighted, or other information subject to trade secret protection which the examiner believes may be relevant, and the findings made.

e. An opinion as to whether the defendant is fit to proceed or, is unableable to understand the nature or purpose of the proceedings against the defendant, is able to effectively communicate with counsel, and whether the defendant will attain fitness to proceed or ability to effectively communicate with counsel in the foreseeable future.

3. within the time frames set forth in section 12.1-04-08. If the examiner is unable to determine whether the defendant will attain fitness within a specified period of time, the report must include the reasoning. The report may include a general description of the type of treatment needed and of the therapeutically appropriate treatment or other appropriate treatment.

5. If the findings of the report are contested, the court shall hold a hearing prior tobefore deciding whether the defendant currently lacks fitness to proceed {{strikethrough|or currently lacks ability to effectively communicate with counsel and whether the defendant will attain fitness to proceed {{strikethrough|or ability to effectively communicate with counsel in the foreseeable future}}. Upon hearing, the prosecution and defense have the right to summon and cross-examine the persons responsible for the report and to offer evidence upon the issues.

'''SECTION 5. AMENDMENT.''' Section 12.1-04-08 of the North Dakota Century Code is amended and reenacted as follows:

12.1-04-08. Suspension or dismissal of proceedings - Referral for services.

1. If the court determines based upon a preponderance of the evidence that the defendant currently lacks fitness to proceed {{strikethrough|or to effectively communicate with counsel but that the defendant may attain fitness to proceed or effectively communicate with counsel in the foreseeable future,}}{{underline|and the report as required under section 12.1-04-07 indicates a likelihood the defendant will attain fitness within a specified period of time from the date of the finding upon completion of a course of therapeutically appropriate treatment,}} the proceedings against the defendant must be suspended{{strikethrough|, except as provided in section 12.1-04-09}}. {{underline|For a defendant charged with a felony, the proceedings must be suspended for a period of up to one hundred eighty days. The court may extend the suspension for an additional three hundred sixty-five days if there is medical evidence to believe the defendant's fitness to proceed will be restored during the extended period. For a defendant charged with a misdemeanor, the proceedings must be suspended for a period no longer than the maximum term of imprisonment for the most serious offense charged.}} When the court determines, after a hearing if a hearing is requested, that the defendant has regained fitness to proceed {{strikethrough|or to effectively communicate with counsel}}, the