TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 7, 2008
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 approved additional changes at its January meeting, including creation of a new Form 9a that does not contain sex offender conditions.
Judge Geiger informed staff by e-mail that the Department of Corrections and Rehabilitation had made additional changes to the version of Form 9 they use. Judge Geiger's e-mail is attached. Staff has brought back Form 9 and Form 9a to the Committee so that it can consider the additional changes made by DOCR.
DOCR added a provision requiring permission before a probationer can leave the state at paragraph 11. The Committee already considered this provision and approved adding it at paragraph 28 and it remains in this location in the proposed drafts. The Committee may wish to consider whether this provision should be moved to paragraph 11 in the proposed drafts to match the DOCR version of the form.
DOCR added language related to electronic monitoring. Staff has included the DOCR language, with minor edits to conform to Court style, in paragraph 26 of the proposed drafts. The DOCR has added significant new conditions that the Committee may wish to review.
DOCR added language to reflecting statutory changes in sex offender registration requirements. Staff has included the DOCR language, with minor edits to conform to Court style, in paragraph 31 of the Form 9 proposal. The new language contains requirements that the Committee may wish to review closely: the language seems repetitive.
A copy of N.D.C.C. § 12.1-32-15, the sex offender registration statute, is included in the meeting materials for reference. Much of the new language in the proposed form seems to come from Section 7 of the statute. Copies of the DOCR versions of the forms are also attached.
The Form 9 and Form 9a rule proposals, with amendments consistent with the DOCR changes, are attached.