TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Form 9, N.D.R.Crim.P., Conditions for Sentence to Probation, Deferred or Suspended Sentence
Among the Rules of Criminal Procedures amendments that took effect March 1, 2006, were amendments to Form 9, which is better known as Appendix A. While the Committee made some amendments to this form in conjunction with its general review of the criminal rules, most of the amendments were submitted by Parole and Probation in an effort to create a uniform statewide form. A copy of the form that shows how the form was amended is attached.
Kathy Kirkeby of the Field Services Division Office in Grafton contacted staff with some suggestions on how the amended form could be improved. A copy of her e-mail is attached.
Kirkeby suggests that the condition prohibiting leaving North Dakota without permission from a probation officer be returned to the form. While the form retains this provision as a special sex offender condition, this provision was removed from the general conditions when the form was amended.
Kirkeby also suggests that a provision be added allowing waiver of the absolute firearms prohibition now found in paragraph 2 of the form. Such waiver is authorized by N.D.C.C. 12.1-32-07(3), a statute that was amended effective August 1, 2007, by the legislature. A copy of the statute is attached.
Proposed amendments to Form 9 based on Kirkeby's suggestions are attached. The Committee may wish 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.