TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Form 9, N.D.R.Crim.P., Conditions for Sentence to Probation, Deferred or Suspended Sentence
The Committee considered proposed changes to Form 9 at its October meeting and also discussed additional changes. The Committee decided to return Form 9 to staff so that the language of the form could be edited for consistency.
A Committee member suggested that paragraph 2 relating to firearms be made an optional provision since waiver is authorized by N.D.C.C. 12.1-32-07(3), a statute that was amended effective August 1, 2007. Staff has incorporated this suggestion into the proposal.
Based on the Committee's instructions, staff has added a new paragraph 27 on community service requirements and a reference to the N.D.C.C. 29-26-22 community service fee to the proposal. The Committee may wish to supplement paragraph 27 to reflect actual practice.
The addition of a new paragraph 28 on out-of-state travel, which is part of the proposal, was suggested by Kathy Kirkeby of the Field Services Division.
Staff has redrafted the language of the form so that all paragraphs give direct instructions to the probationer, either "you shall" or "you may not." These are the constructions given by the North Dakota Legislative Drafting Manual to indicate to a person that an act is required or forbidden. Under federal drafting guidelines, "must" or "must not" would be used.
The Committee may wish to continue to discuss whether additional amendments or modifications of the form would be appropriate given that the amended form has now been in use for a year and a half.
Proposed amendments to Form 9 are attached. In accordance with the Committee's instructions, two forms are presented: one with sex offender conditions (like the current form) and one (proposed Form 9A) without.