21.0540.01000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1393
of North Dakota
Introduced by
Representatives Schneider, Boschee, Buffalo, Hanson, M. Johnson, Kading, Klemin
Senator Hogan
1 A BILL for an Act to amend and reenact subsection 1 of section 12.1-32-02 of the North Dakota
2 Century Code, relating to sentencing alternatives.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Subsection 1 of section 12.1-32-02 of the North Dakota
5 Century Code is amended and reenacted as follows:
6 1. Every person convicted of an offense who is sentenced by the court must be
7 sentenced to one or a combination of the following alternatives, unless the sentencing
8 alternatives are otherwise specifically provided in the statute defining the offense or
9 sentencing is deferred under subsection 4:
10 a. Payment of the reasonable costs of the person's prosecution.
11 b. Probation.
12 c. A term of imprisonment, including intermittent imprisonment:
13 (1) In a state correctional facility in accordance with section 29-27-07, in a
14 regional corrections center, or in a county jail, if convicted of a felony or a
15 class A misdemeanor.
16 (2) In a county jail or in a regional corrections center, if convicted of a class B
17 misdemeanor.
18 (3) In a facility or program deemed appropriate for the treatment of the
19 individual offender, including available community-based or faith-based
20 programs.
21 (4) In the case of persons convicted of an offense who are under eighteen
22 years of age at the time of sentencing, the court is limited to sentencing the
23 minor defendant to a term of imprisonment in the custody of the department
24 of corrections and rehabilitation.
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Legislative Assembly
1 d. A fine.
2 e. Restitution for damages resulting from the commission of the offense.
3 f. Restoration of damaged property or other appropriate work detail.
4 g. Commitment to an appropriate licensed public or private institution for treatment
5 of alcoholism, drug addiction, or mental disease or defect.
6 h. Commitment to a sexual offender treatment program.
7 i. Completion of a restorative justice program.
8 Except as provided by section 12.1-32-06.1, sentences imposed under this subsection
9 may not exceed in duration the maximum sentences of imprisonment provided by
10 section 12.1-32-01, section 12.1-32-09, or as provided specifically in a statute defining
11 an offense. This subsection does not permit the unconditional discharge of an offender
12 following conviction. A sentence under subdivision e or f must be imposed in the
13 manner provided in section 12.1-32-08. If the person is sentenced to a term of
14 imprisonment, the court may prohibit the person from contacting the victim during the
15 term of imprisonment. For purposes of this subsection, "victim" means victim as
16 defined in section 12.1-34-01.
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Statutes affected:
INTRODUCED: 12.1-32-02
FIRST ENGROSSMENT: 12.1-32-02
Enrollment: 12.1-32-02