21.0412.02000
     Sixty-seventh
     Legislative Assembly                       HOUSE BILL NO. 1177
     of North Dakota
     Introduced by
       Representatives Roers Jones, Hanson, Jones
       Senators Bakke, Dwyer
1    A BILL for an Act to create and enact subsection 3 of section 12.1-32-07.1 of the North Dakota
2    Century Code, relating to probation termination.
3    BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4        SECTION 1. Subsection 3 of section 12.1-32-07.1 of the North Dakota Century Code is
5    created and enacted as follows:
6        3.   a.     Except for an individual on probation for an offense under chapters 12.1-20 or
7                    12.1-27.2, the department of corrections and rehabilitation shall file a petition to
8                    terminate probation when an individual:
9                    (1)   Has served the longer of nine months of probation or the minimum
10                         mandatory probation period;
11                   (2)   Has satisfactorily met the following conditions of probation:
12                         (a)     Has not had the current period of probation revoked; and
13                         (b)     Has not been subject to intermediate measures during the six-month
14                                 period before the petition to terminate probation was filed;
15                   (3)   Has no pending extraditable criminal charges; and
16                   (4)   Is in satisfactory compliance with restitution and reparation, if applicable.
17            b.     If the prosecuting attorney does not file a petition for a hearing within thirty days
18                   of the filing of the petition to terminate probation and the court does not schedule
19                   a petition for a hearing within thirty days of the filing of the petition to terminate
20                   probation, the court shall issue a final discharge from further supervision to the
21                   individual.
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