TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 32, N.D.R.Crim.P., Sentencing and Judgment
The Department of Corrections and Rehabilitation has submitted a petition for amendment of Rule 32 to the Supreme Court. The Court has referred the petition to the Committee for review and recommendation.
The DOCR proposes that a new subdivision be added to Rule 32 allowing the DOCR access to the presentence investigation. DOCR director Leann Bertsch argues that the DOCR will be better able to serve the public and people under DOCR's supervision if the the DOCR can have access to the presentence investigation. The DOCR explains its rationale for the proposed change in the portion of its submission entitled "Petition to Amend Rule 32, N.D.R.Crim.P."
Staff was recently appointed to represent the courts at the meetings of the Transition from Prison to the Community steering committee. At these meetings, DOCR representatives indicated that lack of access to the presentence investigation creates major problems for the DOCR. The DOCR devotes significant resources to preparing the presentence investigation, but once it turns the report over to the courts, it loses access to this information.
Because it does not have access the presentence investigation, the DOCR must essentially do a second investigation once a person is turned over to the DOCR for supervision. This wastes DOCR resources and also increases the amount of time the person is warehoused by the DOCR rather than being treated or placed in programs.
Proposed amendments to Rule 32 are attached. If the Committee approves the proposed amendments, the Committee may wish to consider whether to send them to the Supreme Court directly as an emergency measure.