M E M O

TO: Joint Procedure Committee

FROM: Gerhard Raedeke

RE: Appendix Form 7, N.D.R.Crim.P.; Criminal Judgment

At its April 1996 meeting, the Committee approved changes to Appendix Form 7, N.D.R.Crim.P., to reflect several statutory amendments. One change eliminates the provisions in Form 7 allowing a judge to designate the state correctional facility in which an offender is to be confined. See N.D.C.C. 29-27-07. Another change to Form 7 provides for placing a defendant under the supervision of the North Dakota Division of Parole and Probation instead of the Board of Pardons. See N.D.C.C. 12.1-32-07.

When reviewing Form 7, Committee members commented the form is confusing, because the form tries to do to many things by providing sentencing options. The Committee asked to consider separate forms for the various sentencing options.

In the following material are separate forms for different sentencing options. These forms are from the North Dakota Prosecutor's Form Book which was published by the North Dakota Attorney General's Office and the North Dakota State's Attorney's Association. The forms contain additional changes. Should these forms replace Appendix Forms 7 and 8, N.D.R.Crim.P.?