N.D.R.Crim.P.
FORM 9. APPENDIX "A"
CONDITIONS FOR SENTENCE TO PROBATION, DEFERRED OR SUSPENDED SENTENCE IN THE CASE OF
State vs. _______
Criminal Case No. ________--_______ County
By Order of the Court:
1. It is a violation of probation for you to You must not violate
any federal, tribal, state,
county or municipal criminal law or ordinance during the period of probation.
(___) 2. It is a violation of probation for you to You must
not own, purchase, borrow,
possess, use or carry any type of firearm, destructive device or dangerous weapon while on
probation.
3. It is a violation of probation for you to You must not willfully
defraud a urine test
administered as a condition of probation.
(___) 4. You shall must continue your present employment or
seek and maintain suitable
employment; you may pursue a vocational or educational course of study that will lead to
future or better employment.
(___) 5. It is a violation of probation for you to You must not use
or possess any alcoholic
beverage, or to enter any liquor, beer or wine establishment during the period
of time you
are under probation supervision, unless otherwise authorized by your parole/probation
officer.
(___) 6. You shall must refrain from excessive use of alcohol.
You understand that any Any
excessive use of alcohol or controlled substances will give your parole/probation officer the
right to require you to undergo an outpatient evaluation and abide by the recommendations
of the evaluator. Excessive use of alcohol is presumed if you have an alcohol concentration
of ____ percent or higher.
(___) 7. It is a violation of probation for you to You must not use
or possess any non-prescribed controlled substance while on probation supervision. It is
a violation of probation
to You must not knowingly associate with users or traffickers in narcotics,
marijuana, or
other controlled substances.
(___) 8. You are must not to associate with any
known felons without prior permission
from your parole/probation officer.
(___) 9. It is a violation of your probation for you to You must
not possess or use any type
of surveillance equipment such as audio, video, and motion detectors, scanners or any type
of surveillance or counter surveillance equipment without prior written permission from your
parole/probation officer.
(___) 10. You shall must inform your parole/probation officer in
the manner that they
direct of any changes in your place of residence and employment, and other pertinent
activities. You shall must answer truthfully all reasonable inquiries by
the parole/probation
officer and report to them as directed. This information must be furnished to the
parole/probation officer by written report, telephone, or a personal visit to their office. Your
parole/probation officer may visit your residence or place of employment at reasonable
hours. You shall must report within twenty-four hours to:
_____________________________.
(___) 11. You shall must submit your person, place of residence
and vehicle, or any other
property to which you may have access, to search and seizure at any time of day or night by
a parole/probation officer, with or without a search warrant.
(___) 12. You shall must waive extradition to the State of North
Dakota from any
jurisdiction in or outside the United States where you may be found, and you
also agree not
to contest any effort by any jurisdiction to return you to the State of North Dakota while this
probation is in effect.
(___) 13. You shall must support your dependents.
(___) 14. You shall must regularly attend weekly self-help
groups such as Alcoholic
Anonymous/Narcotics Anonymous, Gamblers Anonymous, Sex Addicts Anonymous,
Sexaholics Anonymous or equivalent non-faith-based alternative as approved by the
court.
(___) 15. You shall must submit to a medical examination or
other reasonable testing to
include breath, blood, saliva or urine samples for the purpose of determining the use of
alcohol or controlled substances whenever requested by any parole/probation officer. It
is
a violation of probation for you to You must not use any adulterants that may
affect the
results of a breath, blood, saliva, or urine test.
(___) 16. You shall must receive a chemical
dependency/addiction evaluation and comply
with all treatment recommendations, subject to your right to a hearing before the court if you
disagree with any treatment recommendation.
(___) 17. You shall must pay the following monetary obligations
to the clerk of court in
the total amount of $____. The total amount of the obligation shall
must be paid prior to the
end of probation:
a. Fines in the amount of $___;
b. Court appointed Appointed attorney fees in the amount of
$___;
c. Court administration fees and facility improvement fee in the amount of $___;
d. Restitution Community service fees in the amount of $___;
e. Victim assistance fees in the amount of $___;
f. Other in the amount of $___.
(___) 18. You must pay restitution in the amount of $______as ordered by the court under N.D.C.C. § 12.1-32-08.
(___) 18. 19. You shall must pay a
supervision fee in the amount of $36.00 ______each
month to the North Dakota Division of Parole and Probation, also known as the Division of
Field Services, as required by N.D.C.C. § 12.1-32-07 (2).
(___) 19. 20. You shall must pay the
amount of $50.00 ______ to the North Dakota
Division of Parole and Probation, also known as the Division of Field Services, as required
by N.D.C.C. § 12.1-32-02 (10) and (11), for preparation of the presentence investigation
report.
(___) 20. 21. You shall must undergo
various agreed-to community constraints as
intermediate measures of the Department of Corrections and Rehabilitation to avoid
revocation under N.D.C.C. § 12.1-32-07 (3).
(___) 21. 22. You shall must submit to
fingerprinting at the direction of your
parole/probation officer.
(___) 22. 23. It is a violation of your probation for you
to You must not telephone or write
to the victim(s), or contact the victim(s) through third parties or be within ____ yards of the
victim(s) without written permission of your parole/probation officer.
(___) 23. 24. It is a violation of your probation for you
to You must not enter onto the
premises, travel past, or loiter near where the victim(s) resides without written permission
of your parole/probation officer.
(___) 24. 25. You shall must provide a
sample of blood or other body fluid for DNA law
enforcement identification purposes and inclusion in law enforcement identification
databases as required by N.D.C.C. ch. 31-13. You shall must pay the
cost of the collection
and processing of the DNA sample.
(___) 25. 26. You shall must attend,
participate in, and successfully complete a cognitive
restructuring program.
(___) 26. 27. You shall must submit to
placement on and compliance with an electronic
surveillance or monitoring system (GPS/EMS). You must not
tamper with, damage, destroy
or remove any of this equipment. You must be within the range of this equipment for
monitoring, reporting or surveillance purposes. You must reimburse the North Dakota
Department of Corrections and Rehabilitation for the actual cost of replacement for any
tampered with, damaged, destroyed, lost, or misplaced equipment.
(___) 28. You must perform _____ hours of community service to be completed as follows: _____________________.
(___) 29. You must not leave the State of North Dakota without permission of your probation officer.
(___) 27. 30. Other:
___________________________________________.
The following are sex offender conditions:
(___) 28. 31. You shall must attend,
participate in, cooperate with and successfully follow
and complete all sex offender treatment program rules and requirements and admit
responsibility for your offense(s) as part of the treatment requirements. You
shall must
attend aftercare if recommended by the parole/probation officer or treatment staff.
(___) 29. 32.You shall register your residential address,
employment or school as required
by N.D.C.C. § 12.1-32-15 with law enforcement in the county or city of your intended
residence as a sex offender or a felony offender against children within 10 days of the date
of your criminal judgment or your release from physical custody. You shall also notify law
enforcement of any change of address, employment or school within 10 days of the
change.
Registration:
a. You must register as a sex offender or a felony offender against children within three days after the date of your criminal judgment or your release from custody.
b. You must register with the chief of police in the city or sheriff of the county where you live and inform them in writing where you live, where you work and where you go to school.
c. If you work or go to school in a different city or county or state from where you live, you must also register with the chief of police in the city or sheriff of that county.
d. If you plan to change your name, you must inform in writing the police or sheriff at least 10 days before the change. When your name change takes effect, you must inform in writing the police or sheriff within three days.
e. While on probation, if you change your vehicle information, e-mail address, or online name, you must tell the police or sheriff within three days after the change.
f. If you plan to change your school, or job, or to move, you must inform in writing the police or sheriff in the city or county where you are currently registered at least 10 days before the change.
g. After you change your school or job, or after you move, you must register with the police or sheriff in the new city or county where you go to school, work, or live. You must do this within three days after the change.
(___) 30. 33. You shall must not
initiate, establish or maintain contact, directly or
indirectly, with any child under the age of 18, or attempt to do so, except under
circumstances approved in advance and in writing by your parole/probation officer.
(___) 31. 34. You may only
must reside only at a place of residence approved by your
parole/probation officer. You may must not move from your place of
residence or sleep
elsewhere overnight without your parole/probation officer's knowledge and permission and
those with whom you reside must know that you are a sex offender.
(___) 32. 35. You shall must maintain
employment at only such places as are approved by
your parole/probation officer. It is a violation of probation for you to You
must not work
outside the State of North Dakota or leave the State of North Dakota without permission
under the Interstate Compact for the Supervision of Adult Offenders.
(___) 33. 36. It is a violation of your probation for you
to You must not go to or loiter near
schoolyards, parks, playgrounds, arcades, or other places primarily used or visited by minors.
(___) 34. 37. It is a violation of your probation for you
to You must not obtain employment
with any agency or place of business that provides services for the care or custody of minors
and you may must not operate a business that provides such services
without written
permission of your parole/probation officer.
(___) 35. 38. It is a violation of your probation for you
to You must not purchase, possess,
or use sexually stimulating materials of any kind or to use 900 telephone
numbers.
(___) 36. 39. It is a violation of your probation for you
to You must not subscribe to any
Internet service provider, by modem, LAN, DSL or any other manner. You
may must not
use another person's Internet or use Internet through any commercial venue until and unless
approved in writing by your parole/probation officer.
(___) 37. 40. It is a violation of your probation for you
to You must not possess children's
items, including, but not limited to, children's clothing, toys, games, pictures and books,
without written permission from your parole/probation officer.
(___) 38. 41. It is a violation of your probation for you
to You must not date or socialize
with anybody who has children under the age of 18 without written permission of your
parole/probation officer.
(___) 39. 42. You shall must notify
your parole/probation officer of any new and existing
romantic or sexual relationships in which you may be involved.
(___) 40. 43. You shall must submit to
any program of psychiatric, psychological or
physiological assessment approved by the court.
(___) 41. 44. You shall must be
financially responsible for all costs related to assessments,
polygraphs and any treatment programming ordered by the court.
(___) 42. 45. Employment: You may travel to
_____________each day for employment,
provided the employment is regular and the employer requires you to work in
____________. You may only must be
in_______________ only for employment purposes
during scheduled working hours and you shall must return to
___________________immediately after the completion of work each day. It is a
violation
of probation for you to You must not be in or remain in ________________
for any purpose
except for employment and to travel to and from employment. You shall
must register as
a sex offender in _____________________.
(___) 43. 46. Visitation. You may travel to
____________________for visitation
with________________, provided that there are no minor children in the
_____________________ household at the time of visitation. You may
only must be in
_____________________ only for visitation purposes and may on be at
_________________ residence and you shall must return to
___________________
immediately after completion of visitation. It is a violation of probation for you
to You must
not be in or remain in ________________ for any purpose except for visitation. You
shall
must register as a sex offender in ______________.
(___) 44. 47. Other:
____________________________________________.
Dated (Month) (Day), (Year).
BY THE COURT,
_________________________________________________________.
JUDGE
The above conditions of probation have been read and explained to me and I fully
understand each one. I shall must follow the conditions that the Court
has listed or checked;
and I understand that failure to follow any one or more of those conditions may result in a
revocation of the probation and that the Court may re-sentence me to any sentence that was
available to the Court at the time of the initial sentencing. I acknowledge receipt of a copy
of the Judgment.
Dated (Month) (Day), (Year).
_________________________________________________________.
Probationer
The probation conditions have been read and explained to my client by the Court. I attest that my client has stated that he/she understands each one of the court ordered probation conditions.
Dated (Month) (Day), (Year).
_________________________________________________________.
Defense Attorney
Original to Court file
___ 1 Certified copy to Warden/Superintendent of NDSP, TRCU, MRCC-- if imprisonment is ordered
___ 1 Certified copy to Sheriff/Jail Administrator -- if county imprisonment is ordered
___ 1 Copy to Defendant
___ 1 Copy to State's Attorney
___ 1 Copy to Local Probation Officer -- if on supervised probation