TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 11, 2018
RE: Rule 52, N.D. Sup. Ct. Admin. R., Contemporaneous Transmission by Reliable Electronic Means
The state interstate compact council has proposed amendments to Rule 52 that would make it clear that, when a probation revocation petition has been issued for a probationer who is incarcerated in another state under the interstate compact, a North Dakota district court may conduct the revocation hearing by reliable electronic means.
As Amy Vorachek, the state Interstate Compact Commissioner, explains in the attached e-mail, the rule amendment is needed so that the state can use Interstate Compact Rule 5.101-2, which provides a process for dealing with a violation in the state where the North Dakota probationer is incarcerated for new crime conviction. A copy of Rule 5.101-2 is attached. She said the proposed amendments would allow the council to follow both Rule 5.101-2 and Rule 52 to dispose of pending state revocation petitions while an offender is in another state instead of physically retaking the offender back to ND for disposition.
A copy of the proposed amendments to Rule 52 is attached.