TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Form 9. Conditions for Sentence to Probation
The Committee looked at Form 9 at the April meeting and approved extensive amendments. Most of the amendments shown in the attached proposal are amendments that have already been approved by the Committee. Form 9 is currently before the Supreme Court as part of the Annual/Criminal Rules Package.
Parole and Probation recently forwarded another amendment to Form 9. The amendment would add a GPS monitoring condition. The amendment is included in the attached proposal at lines 193-194. A copy of Parole and Probation's amended version of Form 9 is also attached.
N.D.C.C. § 12.1-32-07 (Supervision of Probationer) has been amended to include the following language: "The court shall provide as an explicit condition of every probation . . . that the defendant may not willingly defraud a urine test administered as a condition of probation." Staff has inserted an amendment into the Form 9 proposal that reflects this new requirement, and because of the mandatory language of the statute, the proposed amendment appears near the top of the form at lines 16-17. A copy of N.D.C.C. § 12.1-32-07 as amended is also included.