North Dakota § 39-08-01.5 - Partial suspension of sentence for treatment court program, mental health

§ 39-08-01.5. Partial suspension of sentence for treatment court program, mental health

court program, or veterans treatment docket completion. 1. Notwithstanding section 39-08-01: a. All but ten days of the minimum mandatory sentence required for a defendant charged with a third or subsequent violation of section 39-08-01 may be suspended on the condition the defendant successfully completes a treatment court program, mental health court program, or veterans treatment docket approved by the supreme court. b. If the treatment court determines a defendant participating in a treatment court program has substantially complied with the requirements of the treatment court program, the treatment court may suspend the defendant's electronic alcohol monitoring and sobriety breath testing requirement under the twenty-four seven sobriety program for the six months preceding completion of the treatment court program. 2. Upon successful completion of a treatment court program, mental health court program, or veterans treatment docket, a defendant convicted of a felony under section 39-08-01 and sentenced to treatment court, mental health court, or veterans treatment docket is deemed to have been convicted of a misdemeanor. 3. If a defendant convicted of a misdemeanor under section 39-08-01 is sentenced to treatment court, mental health court, or veterans treatment docket and successfully completes a treatment court program, mental health court, or veterans treatment docket, the court shall dismiss the case and seal the file in accordance with section 12.1-32-07.2. The court also shall issue an order to the director to remove the conviction and suspension based on the conviction from the driving record of the defendant, unless doing so is prohibited by title 49, Code of Federal Regulations, section 383.51, or other federal or state law.