There is a newer version of the North Dakota Century Code
2009 North Dakota Code
12.1 Criminal Code
12.1-04 Juveniles - Intoxication - Defenses
Download pdfany person as an adult is barred if the offense was committed while the person was less than
fourteen years of age. 12.1-04-02. Intoxication. 1. Intoxication is not a defense to a criminal charge. Intoxication does not, in itself,
constitute mental disease or defect within the meaning of section 12.1-04-04.
Evidence of intoxication is admissible whenever it is relevant to negate or to
establish an element of the offense charged. 2. A person is reckless with respect to an element of an offense even though his
disregard thereof is not conscious, if his not being conscious thereof is due to
self-induced intoxication. 12.1-04-03. Lack of criminal responsibility a defense. Repealed by S.L. 1985, ch. 173, § 29. 12.1-04-04. Disposition of mentally unfit defendants. No person who, as a result of mental disease or defect, lacks capacity to understand the proceedings against the person or to
assist in the person's own defense shall be tried, convicted, or sentenced for the commission of
an offense so long as such incapacity endures. 12.1-04-05. Notice of defense, filing. Superseded by N.D.R.Crim.P., Rule 12.2. 12.1-04-06. Examination - Temporary commitment. Whenever there is reason to doubt the defendant's fitness to proceed, the court may order the detention of the defendant for
the purpose of an examination by a psychiatrist or a licensed psychologist. The detention must
be in the least restrictive appropriate setting, including the state hospital, the developmental
center at westwood park, Grafton, or other suitable facility for a reasonable period, not to exceed
thirty days, for such examination. In lieu of detention, the court may allow the defendant to
remain in the defendant's present residential setting or other suitable residential setting for the
purpose of evaluation by a human service center or other suitable facility or personnel, subject to
any reasonable limitation the court may impose. The court, by subsequent order and for good
cause shown, may extend the detention for a period not to exceed thirty additional days. While
the defendant is detained, the defendant's legal counsel, family, and others necessary to assist in
the defendant's case shall have reasonable opportunity to examine and confer with the
defendant. 12.1-04-07. Report - Hearing when contested. 1. The report of the examining psychiatrists or psychologists must be given in writing to
the court within three days of expiration of the period of commitment. The court
shall cause copies to be delivered to the prosecutor and counsel for the defendant. 2. The report must include: a. The identity of the individuals interviewed and records and other information
considered. b. Procedures, tests, and techniques utilized in the assessment. Page No. 1 c. The date and time of the examination of the defendant, and the identity of each
individual present during the examination. d. The relevant information obtained, other information not obtained which the
examiner believes may be relevant, and the findings made. e. An opinion as to whether the defendant is fit to proceed or is unable to
effectively communicate with counsel and whether the defendant will attain
fitness to proceed or ability to effectively communicate with counsel in the
foreseeable future. 3. If the findings of the report are contested, the court shall hold a hearing prior to
deciding whether the defendant currently lacks fitness to proceed or currently lacks
ability to effectively communicate with counsel and whether the defendant will attain
fitness to proceed or ability to effectively communicate with counsel in the
foreseeable future. Upon hearing, the prosecution and defense have the right to
summon and cross-examine the persons responsible for the report and to offer
evidence upon the issues. 12.1-04-08. Suspension or dismissal of proceedings - Referral for services. 1. If the court determines based upon a preponderance of the evidence that the
defendant currently lacks fitness to proceed or to effectively communicate with
counsel but that the defendant may attain fitness to proceed or effectively
communicate with counsel in the foreseeable future, the proceedings against the
defendant must be suspended, except as provided in section 12.1-04-09. When the
court determines, after a hearing if a hearing is requested, that the defendant has
regained fitness to proceed or to effectively communicate with counsel, the
proceeding must be resumed. If prosecution of the defendant has not resumed prior
to the expiration of the maximum period for which the defendant could be
sentenced, or it is determined by the court, after a hearing if a hearing is requested,
that the defendant will not regain fitness to proceed or to effectively communicate
with counsel, the charges against the defendant must be dismissed. The court may
at any time make a referral for other appropriate services, treatment, or civil
commitment. 2. If the court determines based upon a preponderance of the evidence that the
defendant currently lacks fitness to proceed and that the defendant will not attain
fitness to proceed in the foreseeable future, the proceedings must be dismissed.
The court may at any time make a referral for other appropriate services, treatment,
or civil commitment. 3. Other appropriate services or treatment include: a. Determination of incapacity, by a district court with appropriate jurisdiction
following petition by the state's attorney, for the appointment of a guardian or
conservator pursuant to chapter 30.1-28 or 30.1-29; b. Civil commitment of the person pursuant to chapter 25-03.1; or c. Treatment of the person by a human service center or other appropriate public
or private provider. 4. The custodian, guardian, or other person charged with the control of the defendant
may take an appeal from the court's order in the manner provided by law. The
procedure provided in this section is not exclusive, but is in addition to any other
procedure for the commitment of individuals to the developmental center at
westwood park, Grafton, state hospital, or other state facility. Page No. 2 12.1-04-09. Legal objections to prosecution allowed. The fact that the defendant is unfit to proceed does not preclude any legal objection to the prosecution which is susceptible of
fair determination prior to trial and without the personal participation of the defendant. 12.1-04-10. Acquittal due to mental disease or defect - Petition to clerk of court. Repealed by S.L. 1985, ch. 173, § 29. Page No. 3 Document Outline chapter 12.1-04 juveniles - intoxication - defenses
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