North Dakota Code 12.1-04-04.1 – Disposition of defendants – Lack of fitness to proceed – Records
Current as of: 2023 | Check for updates
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1. A defendant is presumed to be fit to stand trial, to plead, or to be sentenced.
Terms Used In North Dakota Code 12.1-04-04.1
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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.
- Individual: means a human being. See North Dakota Code 1-01-49
- Offense: means conduct for which a term of imprisonment or a fine is authorized by statute after conviction. See North Dakota Code 12.1-01-04
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. An individual who lacks fitness to proceed may not be tried, convicted, or sentenced for the commission of an offense.
3. Any report filed pursuant to this chapter regarding “diagnosis, treatment, or treatment plans” must be kept confidential and may be reviewed only by the court or an appellate court, the state, the defense, the facility providing treatment as required by order of the court, and any other person as directed by the court.