North Dakota Code 19-03.1-45 – Drug abuse assessment and treatment – Presentence investigation – Certified drug abuse treatment programs
1. If a person has pled guilty or has been found guilty of a felony violation of subsection 7 of section 19-03.1-23, if that person has not previously pled guilty or been found guilty of any offense involving the use, possession, manufacture, or delivery of a controlled substance or of any other felony offense of this or another state or the federal government, the court shall impose a period of probation up to the length authorized under section 12.1-32-06.1 with a suspended execution of a sentence of imprisonment, a sentence to probation, or an order deferring imposition of sentence.
Terms Used In North Dakota Code 19-03.1-45
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. Upon a plea or finding of guilt of a person subject to subsection 1, the court shall order a presentence investigation to be conducted by the department. The presentence investigation must include a drug and alcohol evaluation conducted by a licensed addiction counselor.
3. If the licensed addiction counselor recommends treatment, the court shall require the person to participate in an addiction program licensed by the department of health and human services as a condition of the probation. The court shall commit the person to treatment through a licensed addiction program until determined suitable for discharge by the court. The term of treatment may not exceed eighteen months and may include an aftercare plan. During the commitment and while subject to probation, the department shall supervise the person.
4. If the person fails to participate in, or has a pattern of intentional conduct that demonstrates the person’s refusal to comply with or participate in the treatment program, as established by judicial finding, the person is subject to revocation of the probation. Notwithstanding subsection 2 of section 12.1-32-02, the amount of time participating in the treatment program under this section is not “time spent in custody” and will not be a credit against any sentence to term of imprisonment.
5. In this section:
a. “Department” means the department of corrections and rehabilitation; and
b. “Licensed addiction counselor” is a person licensed pursuant to section 43-45-05.1.