North Dakota Code 12.1-04.1-02 – Court authorization of state-funded mental health services for certain defendants
A defendant who is unable to pay for the services of a tier 1a mental health professional, and to whom those services are not otherwise available, may apply to the court for assistance.
Terms Used In North Dakota Code 12.1-04.1-02
- Court: means any of the following courts: the supreme court, a district court, and where relevant, a municipal court. See North Dakota Code 12.1-01-04
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
Upon a showing of a likely need for examination on the question of lack of criminal responsibility or lack of requisite state of mind as a result of the defendant’s mental condition, the court shall authorize reasonable expenditures from public funds for the defendant’s retention of the services of one or more tier 1a mental health professionals. Upon request by the defendant, the application and the proceedings on the application must be ex parte and in camera, but any order under this section authorizing expenditures must be made part of the public record.