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Effective Date: 8/1/2023

(a) Case Management. If a defendant is found to lack fitness to proceed and the defendant may attain fitness with therapeutically appropriate treatment, the court should take an active role in managing the docket of the case while proceedings are suspended.

(b) Restoration Status Conference. A status conference should be held 45 days after the commitment order and every 30 days thereafter until such time as the review hearing. A review hearing must be held prior to the expiration of the statutory restoration time period to review the court’s order for restoration.

(c) Referral for Services. If a defendant is found to lack fitness to proceed and will

not attain fitness with the statutory time frame, the court may at any time make a referral for services. Those services may include but are not limited to:

(1) Appointment of a guardian or conservator under N.D.C.C. ch. 30.1-28 or 30.1-29;

(2) Civil commitment of the person under N.D.C.C. ch. 25-03.1;

(3) Enter an alternative outpatient treatment order under N.D.C.C. ch. 25-03.1;

(4) Referral to mental health, veterans or drug court;

(5) Consider diversion alternatives; and

(6) Any other service the court considers appropriate.

Rule 12.3 was adopted, effective August 1, 2023.

SOURCES: Joint Procedure Committee Minutes of April 28, 2023, pages 4-9;

September 29, 2022, pages 6-8.

                          STATUTES AFFECTED:

                          CONSIDERED: N.D.C.C. chs. 25-03.1, 30.1-28; N.D.C.C. §§ 12.1-04-04, 12.1-04-07, 12.1-04-08.

Effective Date Obsolete Date
08/01/2023 View