FORM 9. (N.D.R.Crim.P.)

Obsolete Date: 3/1/2020

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. You must not violate any federal, tribal, state, county or municipal criminal law or ordinance during the period of probation.

(___) 2. You must not own, purchase, borrow, possess, use or carry any type of firearm, destructive device or dangerous weapon while on probation.

3. You must not willfully defraud a urine test administered as a condition of probation.

(___) 4. You 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. You must not use or possess any alcoholic beverage, or 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 must refrain from excessive use of alcohol. 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. You must not use or possess any non-prescribed controlled substance while on probation supervision. You must not knowingly associate with users or traffickers in narcotics, marijuana, or other controlled substances.

(___) 8. You must not associate with any known felons without prior permission from your parole/probation officer.

(___) 9. 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 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 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 must report within twenty-four hours to: _____________________________.

(___) 11. You 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 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 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 must support your dependents.

(___) 14. You 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 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. You must not use any adulterants that may affect the results of a breath, blood, saliva, or urine test.

(___) 16. You 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 must pay the following monetary obligations to the clerk of court in the total amount of $____. The total amount of the obligation must be paid prior to the end of probation:

a. Fines in the amount of $___;

b. Appointed attorney fees in the amount of $___;

c. Court administration fees and facility improvement fee in the amount of $___;

d. 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.

(___) 19. You must pay a supervision fee in the amount of $ ______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).

(___) 20. You must pay the amount of $ ______ 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.

(___) 21. You 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).

(___) 22. You must submit to fingerprinting at the direction of your parole/probation officer.

(___) 23. 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.

(___) 24. 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.

(___) 25. You 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 must pay the cost of the collection and processing of the DNA sample.

(___) 26. You must attend, participate in, and successfully complete a cognitive restructuring program.

(___) 27. You must submit to placement on and compliance with an electronic surveillance or monitoring system. 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.

(___) 30. Other: ___________________________________________.

The following are sex offender conditions:

(___) 31. You 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 must attend aftercare if recommended by the parole/probation officer or treatment staff.

(___) 32. 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.

(___) 33. You 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.

(___) 34. You must reside only at a place of residence approved by your parole/probation officer. You 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.

(___) 35. You must maintain employment at only such places as are approved by your parole/probation officer. 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.

(___) 36. You must not go to or loiter near schoolyards, parks, playgrounds, arcades, or other places primarily used or visited by minors.

(___) 37. You must not obtain employment with any agency or place of business that provides services for the care or custody of minors and you must not operate a business that provides such services without written permission of your parole/probation officer.

(___) 38. You must not purchase, possess, or use sexually stimulating materials of any kind or use 900 telephone numbers.

(___) 39. You must not subscribe to any Internet service provider, by modem, LAN, DSL or any other manner. You 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.

(___) 40. 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.

(___) 41. You must not date or socialize with anybody who has children under the age of 18 without written permission of your parole/probation officer.

(___) 42. You must notify your parole/probation officer of any new and existing romantic or sexual relationships in which you may be involved.

(___) 43. You must submit to any program of psychiatric, psychological or physiological assessment approved by the court.

(___) 44. You must be financially responsible for all costs related to assessments, polygraphs and any treatment programming ordered by the court.

(___) 45. Employment: You may travel to _____________each day for employment, provided the employment is regular and the employer requires you to work in ____________. You must be in_______________ only for employment purposes during scheduled working hours and you must return to ___________________immediately after the completion of work each day. You must not be in or remain in ________________ for any purpose except for employment and to travel to and from employment. You must register as a sex offender in _____________________.

(___) 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 must be in _____________________ only for visitation purposes and may on be at _________________ residence and you must return to ___________________ immediately after completion of visitation. You must not be in or remain in ________________ for any purpose except for visitation. You must register as a sex offender in ______________.

(___) 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 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