CHAPTER 25-03.3COMMITMENT OF SEXUALLY DANGEROUS INDIVIDUALS25-03.3-01. Definitions. In this chapter, unless the context otherwise requires:1."Committed individual" means an individual committed for custody and treatment<br>pursuant to this chapter.2."Executive director" means the executive director of the department of human<br>services or the executive director's designee.3."Mental retardation" means mental retardation as defined in the "Diagnostic and<br>Statistical Manual of Mental Disorders", American psychiatric association, fourth<br>edition (1994).4."Qualified expert" means an individual who has an expertise in sexual offender<br>evaluations and who is a psychiatrist or psychologist trained in a clinical program<br>and licensed pursuant to this state's law or a psychologist approved for exemption<br>by the North Dakota board of psychologist examiners. For purposes of evaluating<br>an individual with mental retardation, the qualified expert must have specialized<br>knowledge in sexual offender evaluations of individuals with mental retardation.5."Respondent" means an individual subject to a commitment proceeding pursuant to<br>this chapter.6."Sexual act" means sexual contact between human beings, including contact<br>between the penis and the vulva, the penis and the anus, the mouth and the penis,<br>the mouth and the vulva, or the vulva and the vulva; or the use of an object that<br>comes in contact with the victim's anus, vulva, or penis. Sexual contact between the<br>penis and the vulva, or between the penis and the anus, or an object and the anus,<br>vulva, or penis of the victim, occurs upon penetration, however slight. Emission is<br>not required.7."Sexual contact" means any touching of the sexual or other intimate parts of an<br>individual for the purpose of arousing or satisfying sexual or aggressive desires.8."Sexually dangerous individual" means an individual who is shown to have engaged<br>in sexually predatory conduct and who has a congenital or acquired condition that is<br>manifested by a sexual disorder, a personality disorder, or other mental disorder or<br>dysfunction that makes that individual likely to engage in further acts of sexually<br>predatory conduct which constitute a danger to the physical or mental health or<br>safety of others.It is a rebuttable presumption that sexually predatory conductcreates a danger to the physical or mental health or safety of the victim of the<br>conduct.For these purposes, mental retardation is not a sexual disorder,personality disorder, or other mental disorder or dysfunction.9."Sexually predatory conduct" means:a.Engaging or attempting to engage in a sexual act or sexual contact with<br>another individual, or causing or attempting to cause another individual to<br>engage in a sexual act or sexual contact, if:(1)The victim is compelled to submit by force or by threat of imminent<br>death, serious bodily injury, or kidnapping directed toward the victim or<br>any human being, or the victim is compelled to submit by any threat that<br>would render an individual of reasonable firmness incapable of resisting;Page No. 1(2)The victim's power to appraise or control the victim's conduct has been<br>substantially impaired by the administration or employment, without the<br>victim's knowledge, of intoxicants or other means for purposes of<br>preventing resistance;(3)The actor knows or should have known that the victim is unaware that a<br>sexual act is being committed upon the victim;(4)The victim is less than fifteen years old;(5)The actor knows or should have known that the victim has a disability<br>that substantially impairs the victim's understanding of the nature of the<br>sexual act or contact;(6)The victim is in official custody or detained in a treatment facility, health<br>care facility, correctional facility, or other institution and is under the<br>supervisory authority, disciplinary control, or care of the actor; or(7)The victim is a minor and the actor is an adult; orb.Engaging in or attempting to engage in sexual contact with another individual or<br>causing or attempting to cause another individual to have sexual contact, if:(1)The actor knows or should have known that the contact is offensive to the<br>victim; or(2)The victim is a minor, fifteen years of age or older, and the actor is the<br>minor's parent, guardian, or is otherwise responsible for general<br>supervision of the victim's welfare.10."Should have known" means a reasonable individual without a congenital or<br>acquired condition that is manifested by a sexual disorder, a personality disorder, or<br>other mental disorder or dysfunction in the actor's circumstances would have known.11."Superintendent"meansthesuperintendentofthestatehospitalorthesuperintendent's designee.12."Treatment facility" means any hospital, including the state hospital, or any treatment<br>facility, including the developmental center at westwood park, Grafton, which can<br>provide directly, or by direct arrangement with other public or private agencies,<br>evaluation and treatment of sexually dangerous individuals.25-03.3-02. Jurisdiction and venue. The district court has original jurisdiction over theproceedings governed by this chapter. A proceeding pursuant to this chapter may be tried in any<br>county in which the respondent resides or is located, or has committed any sexually predatory<br>conduct, or if the respondent is an inmate, any of the foregoing venues or a county to which the<br>respondent has indicated an intent to relocate upon release from the correctional facility.25-03.3-03. Sexually dangerous individual - Petition.1.If it appears that an individual is a sexually dangerous individual, the state's attorney<br>may file a petition in the district court alleging that the individual is a sexually<br>dangerous individual and stating sufficient facts to support the allegation.2.The petition and any proceeding under section 25-03.3-11 are confidential and are<br>not public records or proceedings under sections 44-04-18 and 44-04-19 and<br>sections 5 and 6 of article XI of the Constitution of North Dakota. The court may<br>permit access to a respondent's records or proceedings under this chapter to the<br>respondent's guardian, guardian ad litem, or other similarly situated individual. ThePage No. 2court may permit access to information in the respondent's records to other<br>individuals who require the information for use in performing official governmental<br>duties.Notwithstanding any other provision of law, proceedings under section25-03.3-13 and any evidence introduced or presented to the court for any such<br>proceeding are required to be open to the public, with the exception of a proceeding<br>involving an individual who has not been convicted of a sexual act as defined in<br>section 25-03.3-01.The protections of subsection 10 of section 12.1-34-02 andsection 12.1-35-03 apply to any records or proceedings under this chapter.25-03.3-03.1. Referral of inmates to state's attorneys - Immunity.1.The department of corrections and rehabilitation shall maintain treatment records for<br>any inmate who has been convicted of an offense that includes sexually predatory<br>conduct. Approximately six months before the projected release date of the inmate,<br>the department shall complete an assessment of the inmate to determine whether a<br>recommendation is to be made to a state's attorney for civil commitment of the<br>inmate under this chapter. The assessment must be based on actuarial and clinical<br>evaluations or any other information determined by the director to be relevant,<br>including inmate behavior and whether the inmate participated in sexual offender<br>treatment while incarcerated.2.If, upon the completion of the assessment, the department determines the inmate<br>may meet the definition of a sexually dangerous individual, the department shall<br>refer the inmate to a state's attorney of an appropriate county as provided for in<br>section 25-03.3-02. The department may make a referral of an inmate to more than<br>one county.3.Any referral from the department must include a summary of the factors considered<br>material to the determination that the inmate is appropriate for referral.Thedepartment shall provide a copy of the referral and summary to the attorney general<br>and the superintendent of the developmental center and the state hospital.4.Following the receipt of a referral, but at least sixty days before the release date of<br>the inmate, the state's attorney shall notify the department and the attorney general<br>of the state's attorney's intended disposition of the referral.5.Any person participating in good faith in the assessment and referral of an inmate is<br>immune from any civil or criminal liability. For the purpose of any civil or criminal<br>proceeding, the good faith of any person required to participate in the assessment<br>and referral of an inmate is presumed.25-03.3-04. Retention of records. Notwithstanding any other provision of law, all adultand juvenile case files and court records of an alleged offense defined by section 12.1-20-03,<br>12.1-20-04, 12.1-20-05, 12.1-20-06, or 12.1-20-07 must be retained for fifty years and made<br>available to any state's attorney for purposes of investigation or proceedings pursuant to this<br>chapter.25-03.3-05. Abrogation of confidentiality statutes and privileges.1.Notwithstanding any other provision of law requiring confidentiality of information<br>about individuals receiving care, custody, education, treatment, or any other services<br>from the state or any political subdivision, any confidential information about a<br>respondent or committed individual must be released to a state's attorney for<br>proceedings pursuant to this chapter unless release results in the loss of federal<br>funds. The physician-patient privilege and psychotherapist-patient privilege do not<br>apply to communications relevant to an issue in proceedings to commit an individual<br>as a sexually dangerous person if the physician or psychotherapist in the course of<br>diagnosis or treatment determines the patient is in need of commitment and to<br>communications with a committed individual. The provision of any confidential orPage No. 3privileged information to the state's attorney does not render the state, any political<br>subdivision, or any state or political subdivision official or employee, or other person<br>liable pursuant to any criminal or civil law relating to confidentiality or privilege.2.For purposes of this chapter, the disclosure of individually identifiable health<br>information by a treating facility or mental health professional to the state hospital or<br>a mental health professional, including an expert examiner, is a disclosure for<br>treatment.A retained or appointed counsel has the right to obtain individuallyidentifiable health information regarding a respondent in a proceeding under this<br>chapter. In any other case, the right of an inmate or a patient to obtain protected<br>health information must be in accordance with title 45, Code of Federal Regulations,<br>part 164.25-03.3-06.Use of confidential records.Upon request, any confidential recordsprovided to the state's attorney pursuant to this chapter must be made available to the<br>respondent or committed individual, the attorney of the respondent or committed individual, a<br>qualified expert charged with examining the respondent or committed individual, the court, and<br>any treatment facility in which the respondent or committed individual is being evaluated or<br>treated pursuant to this chapter.25-03.3-07. Appointment of guardian ad litem. At any stage of a proceeding underthis chapter, on application of any individual or on its own motion, the court may appoint a<br>guardian ad litem for a minor or an individual with mental retardation who is a respondent or<br>witness or otherwise involved in the proceeding, if the minor or an individual with mental<br>retardation has no parent, guardian, or custodian appearing on the minor's or the mentally<br>retarded individual's behalf or the interests of those persons conflict with those of the minor or an<br>individual with mental retardation. The department of human services shall pay the expense of<br>the guardian ad litem fee as established by the court.25-03.3-08. Sexually dangerous individual - Procedure on petition - Detention.1.Upon the filing of a petition pursuant to this chapter, the court shall determine<br>whether to issue an order for detention of the respondent named in the petition. The<br>petition may be heard ex parte. The court shall issue an order for detention if there<br>is cause to believe that the respondent is a sexually dangerous individual. If the<br>court issues an order for detention, the order must direct that the respondent be<br>taken into custody and transferred to an appropriate treatment facility or local<br>correctional facility to be held for subsequent hearing pursuant to this chapter.<br>Under this section, the department of human services shall pay for any expense<br>incurred in the detention or evaluation of the respondent.2.If the state's attorney knows or believes the respondent named in the petition is an<br>individual with mental retardation, the state's attorney shall notify the court in the<br>petition and shall advise the court of the name of the legal guardian of the<br>respondent or, if none is known, the court may appoint a guardian ad litem for the<br>respondent. Before service of the notice required in section 25-03.3-10, the court<br>shall appoint an attorney for the respondent. An individual with mental retardation<br>may be detained in a correctional facility before the probable cause hearing only<br>when no other secure facility is accessible, and then only under close supervision.25-03.3-09. Right to counsel - Waiver.1.Every respondent is entitled to legal counsel.Unless an appearance has beenentered on behalf of the respondent, the court, within twenty-four hours from the<br>time the petition was filed, exclusive of weekends or holidays, shall appoint counsel<br>to represent the respondent. If a respondent retains counsel, the retained counsel<br>immediately shall notify the court of that fact.Page No. 42.After consultation with counsel, the respondent may waive the right to counsel or the<br>right to any hearing provided pursuant to this chapter by notifying the court in writing.<br>The notification must clearly state the respondent's reasons for the waiver and the<br>respondent's counsel shall separately certify that counsel has explained to the<br>respondent the proceedings, the legal and factual issues, potential defenses, the<br>burden of proof, and possible outcomes of the proceedings. No guardian, guardian<br>ad litem, attorney, or other individual may waive the right to counsel on behalf of an<br>individual with mental retardation.3.If the court determines that the respondent is indigent, the court shall appoint<br>counsel and order that appointed counsel be compensated by the county that is the<br>respondent's place of residence in a reasonable amount based upon time and<br>expenses.4.The state's attorney of a county that has expended sums pursuant to subsection 3<br>may seek civil recovery of those sums from property of the respondent.<br>Commencement of the action must occur within six years after the date the sums<br>were paid. After notice and hearing, the court may order an individual to reimburse<br>the county for expenditures made on that individual's behalf pursuant to this chapter.25-03.3-10.Notice.If a respondent is detained pursuant to section 25-03.3-08, thestate's attorney shall provide the respondent, or the respondent's guardian, if appropriate, with a<br>copy of the petition filed with the court. The state's attorney shall provide the respondent with<br>written notice of the respondent's right to a preliminary hearing and a commitment hearing, if<br>probable cause is found to exist; the right to counsel and that counsel will be appointed for the<br>respondent, if the respondent is indigent; and the right to have an expert of the respondent's<br>choosing conduct an evaluation and testify on the respondent's behalf or, if the respondent is<br>indigent, that the court will appoint a qualified expert for the respondent. The notice must state<br>the date, time, and place for the preliminary hearing. If notice is given to a respondent who the<br>state's attorney knows or believes is an individual with mental retardation, the state's attorney<br>also shall give notice to the respondent's attorney, guardian, and guardian ad litem, if any.25-03.3-11. Preliminary hearing - Probable cause. The respondent is entitled to apreliminary hearing within seventy-two hours of being taken into custody pursuant to an order of<br>the court, excluding weekends and holidays, unless the respondent knowingly waives the<br>preliminary hearing pursuant to section 25-03.3-09. The respondent has a right to be present, to<br>testify, and to present and cross-examine witnesses at any preliminary hearing. The court may<br>receive evidence that would otherwise be inadmissible at a commitment hearing. If the court<br>determines after a preliminary hearing that there is probable cause to believe the respondent is a<br>sexually dangerous individual, the court shall order that the respondent be transferred to an<br>appropriate treatment facility for an evaluation as to whether the respondent has a congenital or<br>acquired condition that is manifested by a sexual disorder, a personality disorder, or other mental<br>disorder or dysfunction that makes the respondent likely to engage in further acts of sexually<br>predatory conduct. If the court determines that probable cause does not exist to believe that the<br>respondent is a sexually dangerous individual, the court shall dismiss the petition.If therespondent waives the preliminary hearing, then the respondent must be immediately transferred<br>to an appropriate treatment facility for an evaluation as to whether the respondent has a<br>congenital or acquired condition that is manifested by a sexual disorder, a personality disorder, or<br>other mental disorder or dysfunction that makes the respondent likely to engage in further acts of<br>sexually predatory conduct. An individual with mental retardation may be evaluated under this<br>chapter at a facility only if that facility provides care and treatment to individuals with mental<br>retardation.25-03.3-12.Sexually dangerous individual - Evaluation.The evaluation must beconducted by one or more experts chosen by the executive director. Whenever a respondent is<br>subject to an evaluation pursuant to this chapter, the respondent may retain an expert to perform<br>an evaluation or testify on the respondent's behalf. When the respondent is an adult with mental<br>retardation and a guardian or guardian ad litem has not been appointed for the respondent, the<br>court shall appoint an expert to perform an evaluation on behalf of the respondent. In the case ofPage No. 5a respondent who is indigent, the court shall appoint a qualified expert to perform an examination<br>or participate in the commitment proceeding on the respondent's behalf. The department of<br>human services shall compensate any qualified expert appointed by the court on behalf of an<br>indigent respondent in a reasonable amount based on time and expenses. An expert retained on<br>behalf of the respondent must have reasonable access to the respondent for the purpose of the<br>examination and to all relevant medical, psychological, and court records and reports.25-03.3-13. Sexually dangerous individual - Commitment proceeding - Report offindings.Within sixty days after the finding of probable cause, the court shall conduct acommitment proceeding to determine whether the respondent is a sexually dangerous individual.<br>The court may extend the time for good cause. At the commitment proceeding, any testimony<br>and reports of an expert who conducted an examination are admissible, including risk<br>assessment evaluations. Any proceeding pursuant to this chapter must be tried to the court and<br>not a jury. At the commitment proceeding, the state's attorney shall present evidence in support<br>of the petition and the burden is on the state to show by clear and convincing evidence that the<br>respondent is a sexually dangerous individual.An individual may not be committed unlessexpert evidence is admitted establishing that the individual has a congenital or acquired condition<br>that is manifested by a sexual disorder, a personality disorder, or other mental disorder or<br>dysfunction that makes that individual likely to engage in further acts of sexually predatory<br>conduct. The respondent has a right to be present, to testify, and to present and cross-examine<br>witnesses. If the respondent is found to be a sexually dangerous individual, the court shall<br>commit the respondent to the care, custody, and control of the executive director. The executive<br>director shall place the respondent in an appropriate facility or program at which treatment is<br>available. The appropriate treatment facility or program must be the least restrictive available<br>treatment facility or program necessary to achieve the purposes of this chapter. The executive<br>director may not be required to create a less restrictive treatment facility or treatment program<br>specifically for the respondent or committed individual.Unless the respondent has beencommitted to the legal and physical custody of the department of corrections and rehabilitation,<br>the respondent may not be placed at and the treatment program for the respondent may not be<br>provided at the state penitentiary or an affiliated penal facility. If the respondent is found not to<br>be a sexually dangerous individual, the court shall discharge the respondent.25-03.3-14. Interagency placement. If a committed individual also has been committedto the legal and physical custody of the department of corrections and rehabilitation, the director<br>of the department of corrections and rehabilitation and the executive director may consult one<br>another and determine the appropriate placement of the individual and may transfer the<br>individual between placements.25-03.3-15. Evidence of prior acts. Notwithstanding any other provision of law, in anyproceeding pursuant to this chapter, evidence of prior sexually predatory conduct or criminal<br>conduct, including a record of the juvenile court, is admissible.25-03.3-16.Limitation on findings as evidence in criminal proceedings.Anydetermination made pursuant to this chapter regarding whether a respondent is a sexually<br>dangerous individual or has a congenital or acquired condition that is manifested by a sexual<br>disorder, a personality disorder, or other mental disorder or dysfunction is inadmissible in any<br>criminal proceeding against the respondent, including any criminal proceeding to determine<br>whether the respondent is fit to stand trial, incapable of forming requisite intent, or not guilty by<br>reason of lack of responsibility because of mental disease or defect.25-03.3-17. Postcommitment proceeding, discharge, and further disposition.1.A committed individual must remain in the care, custody, and control of the<br>executive director until, in the opinion of the executive director, the individual is safe<br>to be at large.2.Each committed individual must have an examination of that individual's mental<br>condition at least once a year. A report regarding the examination must be provided<br>to the court that committed the individual. At the time of the annual examination, thePage No. 6committed individual has the right to have an expert examine the individual, and,<br>upon the request of an indigent committed individual, the court shall appoint a<br>qualified expert to examine the committed individual and report to the court. The<br>department of human services shall compensate a qualified expert appointed by the<br>court in a reasonable amount based on time and expenses. That expert must have<br>reasonable access to the committed individual and to all records relating to the<br>committed individual, including confidential records.3.If a committed individual has been committed to an out-of-state facility by the<br>executive director for purposes of treatment, an expert from that state may be<br>appointed by the court as a qualified expert for an indigent committed individual for<br>any postcommitment proceeding.4.After any report pursuant to this section is provided to the court, the court may order<br>further examination and investigation of the committed individual as the court<br>considers necessary. The court may set the matter for a hearing. At the hearing,<br>the committed individual is entitled to be present and to the benefit of the protections<br>afforded at the commitment proceeding. The state's attorney shall represent the<br>state at the hearing.After the hearing, the court shall determine whether thecommitted individual is to be discharged or to be retained as a sexually dangerous<br>individual in the care, custody, and control of the executive director.5.The executive director may only discharge a sexually dangerous individual from<br>commitment pursuant to a court order.The executive director may petition thecommitting court at any time for the discharge of the committed individual. The<br>executive director shall give the state's attorney notice of any petition for discharge<br>the executive director files with the court. Before the petition is granted, the state's<br>attorney has the right to be heard by the court on the petition. The state's attorney<br>may waive this right.6.If the executive director moves a committed individual from a placement in the<br>community to a placement in a secure treatment facility that is more restrictive, the<br>committed individual may challenge the move at a hearing to be held within thirty<br>days after the move in accordance with procedures established by the department of<br>human services.25-03.3-18. Petition for discharge - Notice.1.Annually, the executive director shall provide the committed individual with written<br>notice that the individual has a right to petition the court for discharge. The notice<br>must explain to the committed person when the committed person has a right to a<br>hearing on the petition. The notice must inform the committed person of the rights<br>this chapter affords the committed person at a discharge hearing. The executive<br>director shall forward a copy of the notice to the committing court. If the committed<br>individual is mentally retarded, the executive director shall also provide the written<br>notice to the individual's attorney, guardian, and guardian ad litem, if any.2.If the committed individual files a petition for discharge and has not had a hearing<br>pursuant to section 25-03.3-17 or this section during the preceding twelve months,<br>the committed individual has a right to a hearing on the petition.3.At the hearing on the petition for discharge, the committed individual is entitled to be<br>present and to the benefit of the protections afforded at the commitment proceeding.<br>The state's attorney shall represent the state and may have the committed individual<br>evaluated by experts chosen by the state. The committed individual is entitled to<br>have an expert of the committed individual's choice conduct an evaluation. The<br>court shall appoint a qualified expert if the committed individual is indigent and<br>requests an appointment. The department of human services shall compensate a<br>qualified expert appointed by the court in a reasonable amount based on time andPage No. 7expenses. That expert must have reasonable access to the committed individual<br>and to all records relating to the committed individual, including confidential records.4.At any hearing held pursuant to a petition for discharge, the burden of proof is on the<br>state to show by clear and convincing evidence that the committed individual<br>remains a sexually dangerous individual.25-03.3-19.Appeal.The respondent has the right to an appeal from an order ofcommitment or an order denying a petition for discharge. Upon entry of an appealable order, the<br>court shall notify the respondent of the right to appeal and the right to counsel. The notice of<br>appeal must be filed within thirty days after entry of the order. The appeal must be limited to a<br>review of the procedures, findings, and conclusions of the committing court. Pending a decision<br>on appeal, the order appealed from remains in effect. If the respondent is a mentally retarded<br>individual, the court shall provide notice of the right to appeal to the respondent's attorney, the<br>respondent's guardian, and guardian ad litem.25-03.3-20. Limitation of liability. A person acting in good faith upon either actualknowledge or reliable information, who provides information to the state's attorney or the court<br>pursuant to this chapter, is not subject to civil or criminal liability.25-03.3-21. Recovery of expense. The department of human services, to the extent ithas expended sums or provided services pursuant to this title, may seek civil recovery from the<br>property of the respondent or committed individual. The department of human services must<br>commence the action within six years after the department paid the sums or provided the<br>services to the respondent or committed individual. After notice and hearing, the court may order<br>an individual to reimburse the department of human services for all or part of the expenditures<br>made for that individual pursuant to this chapter. In establishing the amount of reimbursement<br>ordered under this section, the court shall consider the ability of the respondent or committed<br>individual to pay.25-03.3-22. Rules. The department of human services may adopt rules under chapter28-32 to implement this chapter, but the rules may not restrict or limit the rights guaranteed by<br>this chapter.25-03.3-23. Individual rights. For so long as a committed individual is placed in andresides at a treatment facility, the committed individual has the same rights as other residents of<br>the facility, subject to the following limitations and restrictions:1.The individual's rights are subordinate to legitimate safety precautions and to the<br>terms of the applicable individualized habilitation or treatment plan.2.If an individual's rights are inconsistent with this chapter in a particular situation, the<br>specific provisions of this chapter prevail.25-03.3-24. Postcommitment community placement - Penalty.1.Following commitment of a sexually dangerous individual, the executive director<br>may conduct a risk management assessment of the committed individual for the<br>purpose of determining whether the individual may be treated safely in the<br>community on an outpatient basis. The executive director may place a committed<br>individual in the community for treatment on an outpatient basis only pursuant to a<br>court order. The executive director may petition the court at any time for community<br>placement. The executive director shall give the state's attorney of the county of<br>community placement notice of any petition for community placement the executive<br>director files with the court. Before the petition is granted, the state's attorney has<br>the right to be heard by the court. The state's attorney may waive this right. At any<br>hearing held pursuant to a petition by the executive director for the community<br>placement of a committed individual, the burden of proof required of the executive<br>director is a preponderance of the evidence.The court's order of communityPage No. 8placement must contain appropriate restrictions and requirements for the committed<br>individual, including:a.Participation and compliance with a specific course of treatment;b.Submission to electronic monitoring and any other appropriate supervision;c.Prohibition of the individual changing place of residency or leaving the state<br>without prior authorization of the court;d.Establishment of safety zones, and compliance by the committed individual<br>with those safety zones;e.Requirement that the committed individual notify the court within twenty-four<br>hours of any change in the individual's status that affects proper treatment or<br>supervision;f.Contact with victims is prohibited independent of a supervised treatment plan;<br>andg.Any other restriction or requirement deemed necessary by the court to assure<br>public safety and proper treatment of the committed individual.2.Violation by a committed individual of a court order issued pursuant to this section is<br>a class C felony.Page No. 9Document Outlinechapter 25-03.3 commitment of sexually dangerous individuals
CHAPTER 25-03.3COMMITMENT OF SEXUALLY DANGEROUS INDIVIDUALS25-03.3-01. Definitions. In this chapter, unless the context otherwise requires:1."Committed individual" means an individual committed for custody and treatment<br>pursuant to this chapter.2."Executive director" means the executive director of the department of human<br>services or the executive director's designee.3."Mental retardation" means mental retardation as defined in the "Diagnostic and<br>Statistical Manual of Mental Disorders", American psychiatric association, fourth<br>edition (1994).4."Qualified expert" means an individual who has an expertise in sexual offender<br>evaluations and who is a psychiatrist or psychologist trained in a clinical program<br>and licensed pursuant to this state's law or a psychologist approved for exemption<br>by the North Dakota board of psychologist examiners. For purposes of evaluating<br>an individual with mental retardation, the qualified expert must have specialized<br>knowledge in sexual offender evaluations of individuals with mental retardation.5."Respondent" means an individual subject to a commitment proceeding pursuant to<br>this chapter.6."Sexual act" means sexual contact between human beings, including contact<br>between the penis and the vulva, the penis and the anus, the mouth and the penis,<br>the mouth and the vulva, or the vulva and the vulva; or the use of an object that<br>comes in contact with the victim's anus, vulva, or penis. Sexual contact between the<br>penis and the vulva, or between the penis and the anus, or an object and the anus,<br>vulva, or penis of the victim, occurs upon penetration, however slight. Emission is<br>not required.7."Sexual contact" means any touching of the sexual or other intimate parts of an<br>individual for the purpose of arousing or satisfying sexual or aggressive desires.8."Sexually dangerous individual" means an individual who is shown to have engaged<br>in sexually predatory conduct and who has a congenital or acquired condition that is<br>manifested by a sexual disorder, a personality disorder, or other mental disorder or<br>dysfunction that makes that individual likely to engage in further acts of sexually<br>predatory conduct which constitute a danger to the physical or mental health or<br>safety of others.It is a rebuttable presumption that sexually predatory conductcreates a danger to the physical or mental health or safety of the victim of the<br>conduct.For these purposes, mental retardation is not a sexual disorder,personality disorder, or other mental disorder or dysfunction.9."Sexually predatory conduct" means:a.Engaging or attempting to engage in a sexual act or sexual contact with<br>another individual, or causing or attempting to cause another individual to<br>engage in a sexual act or sexual contact, if:(1)The victim is compelled to submit by force or by threat of imminent<br>death, serious bodily injury, or kidnapping directed toward the victim or<br>any human being, or the victim is compelled to submit by any threat that<br>would render an individual of reasonable firmness incapable of resisting;Page No. 1(2)The victim's power to appraise or control the victim's conduct has been<br>substantially impaired by the administration or employment, without the<br>victim's knowledge, of intoxicants or other means for purposes of<br>preventing resistance;(3)The actor knows or should have known that the victim is unaware that a<br>sexual act is being committed upon the victim;(4)The victim is less than fifteen years old;(5)The actor knows or should have known that the victim has a disability<br>that substantially impairs the victim's understanding of the nature of the<br>sexual act or contact;(6)The victim is in official custody or detained in a treatment facility, health<br>care facility, correctional facility, or other institution and is under the<br>supervisory authority, disciplinary control, or care of the actor; or(7)The victim is a minor and the actor is an adult; orb.Engaging in or attempting to engage in sexual contact with another individual or<br>causing or attempting to cause another individual to have sexual contact, if:(1)The actor knows or should have known that the contact is offensive to the<br>victim; or(2)The victim is a minor, fifteen years of age or older, and the actor is the<br>minor's parent, guardian, or is otherwise responsible for general<br>supervision of the victim's welfare.10."Should have known" means a reasonable individual without a congenital or<br>acquired condition that is manifested by a sexual disorder, a personality disorder, or<br>other mental disorder or dysfunction in the actor's circumstances would have known.11."Superintendent"meansthesuperintendentofthestatehospitalorthesuperintendent's designee.12."Treatment facility" means any hospital, including the state hospital, or any treatment<br>facility, including the developmental center at westwood park, Grafton, which can<br>provide directly, or by direct arrangement with other public or private agencies,<br>evaluation and treatment of sexually dangerous individuals.25-03.3-02. Jurisdiction and venue. The district court has original jurisdiction over theproceedings governed by this chapter. A proceeding pursuant to this chapter may be tried in any<br>county in which the respondent resides or is located, or has committed any sexually predatory<br>conduct, or if the respondent is an inmate, any of the foregoing venues or a county to which the<br>respondent has indicated an intent to relocate upon release from the correctional facility.25-03.3-03. Sexually dangerous individual - Petition.1.If it appears that an individual is a sexually dangerous individual, the state's attorney<br>may file a petition in the district court alleging that the individual is a sexually<br>dangerous individual and stating sufficient facts to support the allegation.2.The petition and any proceeding under section 25-03.3-11 are confidential and are<br>not public records or proceedings under sections 44-04-18 and 44-04-19 and<br>sections 5 and 6 of article XI of the Constitution of North Dakota. The court may<br>permit access to a respondent's records or proceedings under this chapter to the<br>respondent's guardian, guardian ad litem, or other similarly situated individual. ThePage No. 2court may permit access to information in the respondent's records to other<br>individuals who require the information for use in performing official governmental<br>duties.Notwithstanding any other provision of law, proceedings under section25-03.3-13 and any evidence introduced or presented to the court for any such<br>proceeding are required to be open to the public, with the exception of a proceeding<br>involving an individual who has not been convicted of a sexual act as defined in<br>section 25-03.3-01.The protections of subsection 10 of section 12.1-34-02 andsection 12.1-35-03 apply to any records or proceedings under this chapter.25-03.3-03.1. Referral of inmates to state's attorneys - Immunity.1.The department of corrections and rehabilitation shall maintain treatment records for<br>any inmate who has been convicted of an offense that includes sexually predatory<br>conduct. Approximately six months before the projected release date of the inmate,<br>the department shall complete an assessment of the inmate to determine whether a<br>recommendation is to be made to a state's attorney for civil commitment of the<br>inmate under this chapter. The assessment must be based on actuarial and clinical<br>evaluations or any other information determined by the director to be relevant,<br>including inmate behavior and whether the inmate participated in sexual offender<br>treatment while incarcerated.2.If, upon the completion of the assessment, the department determines the inmate<br>may meet the definition of a sexually dangerous individual, the department shall<br>refer the inmate to a state's attorney of an appropriate county as provided for in<br>section 25-03.3-02. The department may make a referral of an inmate to more than<br>one county.3.Any referral from the department must include a summary of the factors considered<br>material to the determination that the inmate is appropriate for referral.Thedepartment shall provide a copy of the referral and summary to the attorney general<br>and the superintendent of the developmental center and the state hospital.4.Following the receipt of a referral, but at least sixty days before the release date of<br>the inmate, the state's attorney shall notify the department and the attorney general<br>of the state's attorney's intended disposition of the referral.5.Any person participating in good faith in the assessment and referral of an inmate is<br>immune from any civil or criminal liability. For the purpose of any civil or criminal<br>proceeding, the good faith of any person required to participate in the assessment<br>and referral of an inmate is presumed.25-03.3-04. Retention of records. Notwithstanding any other provision of law, all adultand juvenile case files and court records of an alleged offense defined by section 12.1-20-03,<br>12.1-20-04, 12.1-20-05, 12.1-20-06, or 12.1-20-07 must be retained for fifty years and made<br>available to any state's attorney for purposes of investigation or proceedings pursuant to this<br>chapter.25-03.3-05. Abrogation of confidentiality statutes and privileges.1.Notwithstanding any other provision of law requiring confidentiality of information<br>about individuals receiving care, custody, education, treatment, or any other services<br>from the state or any political subdivision, any confidential information about a<br>respondent or committed individual must be released to a state's attorney for<br>proceedings pursuant to this chapter unless release results in the loss of federal<br>funds. The physician-patient privilege and psychotherapist-patient privilege do not<br>apply to communications relevant to an issue in proceedings to commit an individual<br>as a sexually dangerous person if the physician or psychotherapist in the course of<br>diagnosis or treatment determines the patient is in need of commitment and to<br>communications with a committed individual. The provision of any confidential orPage No. 3privileged information to the state's attorney does not render the state, any political<br>subdivision, or any state or political subdivision official or employee, or other person<br>liable pursuant to any criminal or civil law relating to confidentiality or privilege.2.For purposes of this chapter, the disclosure of individually identifiable health<br>information by a treating facility or mental health professional to the state hospital or<br>a mental health professional, including an expert examiner, is a disclosure for<br>treatment.A retained or appointed counsel has the right to obtain individuallyidentifiable health information regarding a respondent in a proceeding under this<br>chapter. In any other case, the right of an inmate or a patient to obtain protected<br>health information must be in accordance with title 45, Code of Federal Regulations,<br>part 164.25-03.3-06.Use of confidential records.Upon request, any confidential recordsprovided to the state's attorney pursuant to this chapter must be made available to the<br>respondent or committed individual, the attorney of the respondent or committed individual, a<br>qualified expert charged with examining the respondent or committed individual, the court, and<br>any treatment facility in which the respondent or committed individual is being evaluated or<br>treated pursuant to this chapter.25-03.3-07. Appointment of guardian ad litem. At any stage of a proceeding underthis chapter, on application of any individual or on its own motion, the court may appoint a<br>guardian ad litem for a minor or an individual with mental retardation who is a respondent or<br>witness or otherwise involved in the proceeding, if the minor or an individual with mental<br>retardation has no parent, guardian, or custodian appearing on the minor's or the mentally<br>retarded individual's behalf or the interests of those persons conflict with those of the minor or an<br>individual with mental retardation. The department of human services shall pay the expense of<br>the guardian ad litem fee as established by the court.25-03.3-08. Sexually dangerous individual - Procedure on petition - Detention.1.Upon the filing of a petition pursuant to this chapter, the court shall determine<br>whether to issue an order for detention of the respondent named in the petition. The<br>petition may be heard ex parte. The court shall issue an order for detention if there<br>is cause to believe that the respondent is a sexually dangerous individual. If the<br>court issues an order for detention, the order must direct that the respondent be<br>taken into custody and transferred to an appropriate treatment facility or local<br>correctional facility to be held for subsequent hearing pursuant to this chapter.<br>Under this section, the department of human services shall pay for any expense<br>incurred in the detention or evaluation of the respondent.2.If the state's attorney knows or believes the respondent named in the petition is an<br>individual with mental retardation, the state's attorney shall notify the court in the<br>petition and shall advise the court of the name of the legal guardian of the<br>respondent or, if none is known, the court may appoint a guardian ad litem for the<br>respondent. Before service of the notice required in section 25-03.3-10, the court<br>shall appoint an attorney for the respondent. An individual with mental retardation<br>may be detained in a correctional facility before the probable cause hearing only<br>when no other secure facility is accessible, and then only under close supervision.25-03.3-09. Right to counsel - Waiver.1.Every respondent is entitled to legal counsel.Unless an appearance has beenentered on behalf of the respondent, the court, within twenty-four hours from the<br>time the petition was filed, exclusive of weekends or holidays, shall appoint counsel<br>to represent the respondent. If a respondent retains counsel, the retained counsel<br>immediately shall notify the court of that fact.Page No. 42.After consultation with counsel, the respondent may waive the right to counsel or the<br>right to any hearing provided pursuant to this chapter by notifying the court in writing.<br>The notification must clearly state the respondent's reasons for the waiver and the<br>respondent's counsel shall separately certify that counsel has explained to the<br>respondent the proceedings, the legal and factual issues, potential defenses, the<br>burden of proof, and possible outcomes of the proceedings. No guardian, guardian<br>ad litem, attorney, or other individual may waive the right to counsel on behalf of an<br>individual with mental retardation.3.If the court determines that the respondent is indigent, the court shall appoint<br>counsel and order that appointed counsel be compensated by the county that is the<br>respondent's place of residence in a reasonable amount based upon time and<br>expenses.4.The state's attorney of a county that has expended sums pursuant to subsection 3<br>may seek civil recovery of those sums from property of the respondent.<br>Commencement of the action must occur within six years after the date the sums<br>were paid. After notice and hearing, the court may order an individual to reimburse<br>the county for expenditures made on that individual's behalf pursuant to this chapter.25-03.3-10.Notice.If a respondent is detained pursuant to section 25-03.3-08, thestate's attorney shall provide the respondent, or the respondent's guardian, if appropriate, with a<br>copy of the petition filed with the court. The state's attorney shall provide the respondent with<br>written notice of the respondent's right to a preliminary hearing and a commitment hearing, if<br>probable cause is found to exist; the right to counsel and that counsel will be appointed for the<br>respondent, if the respondent is indigent; and the right to have an expert of the respondent's<br>choosing conduct an evaluation and testify on the respondent's behalf or, if the respondent is<br>indigent, that the court will appoint a qualified expert for the respondent. The notice must state<br>the date, time, and place for the preliminary hearing. If notice is given to a respondent who the<br>state's attorney knows or believes is an individual with mental retardation, the state's attorney<br>also shall give notice to the respondent's attorney, guardian, and guardian ad litem, if any.25-03.3-11. Preliminary hearing - Probable cause. The respondent is entitled to apreliminary hearing within seventy-two hours of being taken into custody pursuant to an order of<br>the court, excluding weekends and holidays, unless the respondent knowingly waives the<br>preliminary hearing pursuant to section 25-03.3-09. The respondent has a right to be present, to<br>testify, and to present and cross-examine witnesses at any preliminary hearing. The court may<br>receive evidence that would otherwise be inadmissible at a commitment hearing. If the court<br>determines after a preliminary hearing that there is probable cause to believe the respondent is a<br>sexually dangerous individual, the court shall order that the respondent be transferred to an<br>appropriate treatment facility for an evaluation as to whether the respondent has a congenital or<br>acquired condition that is manifested by a sexual disorder, a personality disorder, or other mental<br>disorder or dysfunction that makes the respondent likely to engage in further acts of sexually<br>predatory conduct. If the court determines that probable cause does not exist to believe that the<br>respondent is a sexually dangerous individual, the court shall dismiss the petition.If therespondent waives the preliminary hearing, then the respondent must be immediately transferred<br>to an appropriate treatment facility for an evaluation as to whether the respondent has a<br>congenital or acquired condition that is manifested by a sexual disorder, a personality disorder, or<br>other mental disorder or dysfunction that makes the respondent likely to engage in further acts of<br>sexually predatory conduct. An individual with mental retardation may be evaluated under this<br>chapter at a facility only if that facility provides care and treatment to individuals with mental<br>retardation.25-03.3-12.Sexually dangerous individual - Evaluation.The evaluation must beconducted by one or more experts chosen by the executive director. Whenever a respondent is<br>subject to an evaluation pursuant to this chapter, the respondent may retain an expert to perform<br>an evaluation or testify on the respondent's behalf. When the respondent is an adult with mental<br>retardation and a guardian or guardian ad litem has not been appointed for the respondent, the<br>court shall appoint an expert to perform an evaluation on behalf of the respondent. In the case ofPage No. 5a respondent who is indigent, the court shall appoint a qualified expert to perform an examination<br>or participate in the commitment proceeding on the respondent's behalf. The department of<br>human services shall compensate any qualified expert appointed by the court on behalf of an<br>indigent respondent in a reasonable amount based on time and expenses. An expert retained on<br>behalf of the respondent must have reasonable access to the respondent for the purpose of the<br>examination and to all relevant medical, psychological, and court records and reports.25-03.3-13. Sexually dangerous individual - Commitment proceeding - Report offindings.Within sixty days after the finding of probable cause, the court shall conduct acommitment proceeding to determine whether the respondent is a sexually dangerous individual.<br>The court may extend the time for good cause. At the commitment proceeding, any testimony<br>and reports of an expert who conducted an examination are admissible, including risk<br>assessment evaluations. Any proceeding pursuant to this chapter must be tried to the court and<br>not a jury. At the commitment proceeding, the state's attorney shall present evidence in support<br>of the petition and the burden is on the state to show by clear and convincing evidence that the<br>respondent is a sexually dangerous individual.An individual may not be committed unlessexpert evidence is admitted establishing that the individual has a congenital or acquired condition<br>that is manifested by a sexual disorder, a personality disorder, or other mental disorder or<br>dysfunction that makes that individual likely to engage in further acts of sexually predatory<br>conduct. The respondent has a right to be present, to testify, and to present and cross-examine<br>witnesses. If the respondent is found to be a sexually dangerous individual, the court shall<br>commit the respondent to the care, custody, and control of the executive director. The executive<br>director shall place the respondent in an appropriate facility or program at which treatment is<br>available. The appropriate treatment facility or program must be the least restrictive available<br>treatment facility or program necessary to achieve the purposes of this chapter. The executive<br>director may not be required to create a less restrictive treatment facility or treatment program<br>specifically for the respondent or committed individual.Unless the respondent has beencommitted to the legal and physical custody of the department of corrections and rehabilitation,<br>the respondent may not be placed at and the treatment program for the respondent may not be<br>provided at the state penitentiary or an affiliated penal facility. If the respondent is found not to<br>be a sexually dangerous individual, the court shall discharge the respondent.25-03.3-14. Interagency placement. If a committed individual also has been committedto the legal and physical custody of the department of corrections and rehabilitation, the director<br>of the department of corrections and rehabilitation and the executive director may consult one<br>another and determine the appropriate placement of the individual and may transfer the<br>individual between placements.25-03.3-15. Evidence of prior acts. Notwithstanding any other provision of law, in anyproceeding pursuant to this chapter, evidence of prior sexually predatory conduct or criminal<br>conduct, including a record of the juvenile court, is admissible.25-03.3-16.Limitation on findings as evidence in criminal proceedings.Anydetermination made pursuant to this chapter regarding whether a respondent is a sexually<br>dangerous individual or has a congenital or acquired condition that is manifested by a sexual<br>disorder, a personality disorder, or other mental disorder or dysfunction is inadmissible in any<br>criminal proceeding against the respondent, including any criminal proceeding to determine<br>whether the respondent is fit to stand trial, incapable of forming requisite intent, or not guilty by<br>reason of lack of responsibility because of mental disease or defect.25-03.3-17. Postcommitment proceeding, discharge, and further disposition.1.A committed individual must remain in the care, custody, and control of the<br>executive director until, in the opinion of the executive director, the individual is safe<br>to be at large.2.Each committed individual must have an examination of that individual's mental<br>condition at least once a year. A report regarding the examination must be provided<br>to the court that committed the individual. At the time of the annual examination, thePage No. 6committed individual has the right to have an expert examine the individual, and,<br>upon the request of an indigent committed individual, the court shall appoint a<br>qualified expert to examine the committed individual and report to the court. The<br>department of human services shall compensate a qualified expert appointed by the<br>court in a reasonable amount based on time and expenses. That expert must have<br>reasonable access to the committed individual and to all records relating to the<br>committed individual, including confidential records.3.If a committed individual has been committed to an out-of-state facility by the<br>executive director for purposes of treatment, an expert from that state may be<br>appointed by the court as a qualified expert for an indigent committed individual for<br>any postcommitment proceeding.4.After any report pursuant to this section is provided to the court, the court may order<br>further examination and investigation of the committed individual as the court<br>considers necessary. The court may set the matter for a hearing. At the hearing,<br>the committed individual is entitled to be present and to the benefit of the protections<br>afforded at the commitment proceeding. The state's attorney shall represent the<br>state at the hearing.After the hearing, the court shall determine whether thecommitted individual is to be discharged or to be retained as a sexually dangerous<br>individual in the care, custody, and control of the executive director.5.The executive director may only discharge a sexually dangerous individual from<br>commitment pursuant to a court order.The executive director may petition thecommitting court at any time for the discharge of the committed individual. The<br>executive director shall give the state's attorney notice of any petition for discharge<br>the executive director files with the court. Before the petition is granted, the state's<br>attorney has the right to be heard by the court on the petition. The state's attorney<br>may waive this right.6.If the executive director moves a committed individual from a placement in the<br>community to a placement in a secure treatment facility that is more restrictive, the<br>committed individual may challenge the move at a hearing to be held within thirty<br>days after the move in accordance with procedures established by the department of<br>human services.25-03.3-18. Petition for discharge - Notice.1.Annually, the executive director shall provide the committed individual with written<br>notice that the individual has a right to petition the court for discharge. The notice<br>must explain to the committed person when the committed person has a right to a<br>hearing on the petition. The notice must inform the committed person of the rights<br>this chapter affords the committed person at a discharge hearing. The executive<br>director shall forward a copy of the notice to the committing court. If the committed<br>individual is mentally retarded, the executive director shall also provide the written<br>notice to the individual's attorney, guardian, and guardian ad litem, if any.2.If the committed individual files a petition for discharge and has not had a hearing<br>pursuant to section 25-03.3-17 or this section during the preceding twelve months,<br>the committed individual has a right to a hearing on the petition.3.At the hearing on the petition for discharge, the committed individual is entitled to be<br>present and to the benefit of the protections afforded at the commitment proceeding.<br>The state's attorney shall represent the state and may have the committed individual<br>evaluated by experts chosen by the state. The committed individual is entitled to<br>have an expert of the committed individual's choice conduct an evaluation. The<br>court shall appoint a qualified expert if the committed individual is indigent and<br>requests an appointment. The department of human services shall compensate a<br>qualified expert appointed by the court in a reasonable amount based on time andPage No. 7expenses. That expert must have reasonable access to the committed individual<br>and to all records relating to the committed individual, including confidential records.4.At any hearing held pursuant to a petition for discharge, the burden of proof is on the<br>state to show by clear and convincing evidence that the committed individual<br>remains a sexually dangerous individual.25-03.3-19.Appeal.The respondent has the right to an appeal from an order ofcommitment or an order denying a petition for discharge. Upon entry of an appealable order, the<br>court shall notify the respondent of the right to appeal and the right to counsel. The notice of<br>appeal must be filed within thirty days after entry of the order. The appeal must be limited to a<br>review of the procedures, findings, and conclusions of the committing court. Pending a decision<br>on appeal, the order appealed from remains in effect. If the respondent is a mentally retarded<br>individual, the court shall provide notice of the right to appeal to the respondent's attorney, the<br>respondent's guardian, and guardian ad litem.25-03.3-20. Limitation of liability. A person acting in good faith upon either actualknowledge or reliable information, who provides information to the state's attorney or the court<br>pursuant to this chapter, is not subject to civil or criminal liability.25-03.3-21. Recovery of expense. The department of human services, to the extent ithas expended sums or provided services pursuant to this title, may seek civil recovery from the<br>property of the respondent or committed individual. The department of human services must<br>commence the action within six years after the department paid the sums or provided the<br>services to the respondent or committed individual. After notice and hearing, the court may order<br>an individual to reimburse the department of human services for all or part of the expenditures<br>made for that individual pursuant to this chapter. In establishing the amount of reimbursement<br>ordered under this section, the court shall consider the ability of the respondent or committed<br>individual to pay.25-03.3-22. Rules. The department of human services may adopt rules under chapter28-32 to implement this chapter, but the rules may not restrict or limit the rights guaranteed by<br>this chapter.25-03.3-23. Individual rights. For so long as a committed individual is placed in andresides at a treatment facility, the committed individual has the same rights as other residents of<br>the facility, subject to the following limitations and restrictions:1.The individual's rights are subordinate to legitimate safety precautions and to the<br>terms of the applicable individualized habilitation or treatment plan.2.If an individual's rights are inconsistent with this chapter in a particular situation, the<br>specific provisions of this chapter prevail.25-03.3-24. Postcommitment community placement - Penalty.1.Following commitment of a sexually dangerous individual, the executive director<br>may conduct a risk management assessment of the committed individual for the<br>purpose of determining whether the individual may be treated safely in the<br>community on an outpatient basis. The executive director may place a committed<br>individual in the community for treatment on an outpatient basis only pursuant to a<br>court order. The executive director may petition the court at any time for community<br>placement. The executive director shall give the state's attorney of the county of<br>community placement notice of any petition for community placement the executive<br>director files with the court. Before the petition is granted, the state's attorney has<br>the right to be heard by the court. The state's attorney may waive this right. At any<br>hearing held pursuant to a petition by the executive director for the community<br>placement of a committed individual, the burden of proof required of the executive<br>director is a preponderance of the evidence.The court's order of communityPage No. 8placement must contain appropriate restrictions and requirements for the committed<br>individual, including:a.Participation and compliance with a specific course of treatment;b.Submission to electronic monitoring and any other appropriate supervision;c.Prohibition of the individual changing place of residency or leaving the state<br>without prior authorization of the court;d.Establishment of safety zones, and compliance by the committed individual<br>with those safety zones;e.Requirement that the committed individual notify the court within twenty-four<br>hours of any change in the individual's status that affects proper treatment or<br>supervision;f.Contact with victims is prohibited independent of a supervised treatment plan;<br>andg.Any other restriction or requirement deemed necessary by the court to assure<br>public safety and proper treatment of the committed individual.2.Violation by a committed individual of a court order issued pursuant to this section is<br>a class C felony.Page No. 9Document Outlinechapter 25-03.3 commitment of sexually dangerous individuals
CHAPTER 25-03.3COMMITMENT OF SEXUALLY DANGEROUS INDIVIDUALS25-03.3-01. Definitions. In this chapter, unless the context otherwise requires:1."Committed individual" means an individual committed for custody and treatment<br>pursuant to this chapter.2."Executive director" means the executive director of the department of human<br>services or the executive director's designee.3."Mental retardation" means mental retardation as defined in the "Diagnostic and<br>Statistical Manual of Mental Disorders", American psychiatric association, fourth<br>edition (1994).4."Qualified expert" means an individual who has an expertise in sexual offender<br>evaluations and who is a psychiatrist or psychologist trained in a clinical program<br>and licensed pursuant to this state's law or a psychologist approved for exemption<br>by the North Dakota board of psychologist examiners. For purposes of evaluating<br>an individual with mental retardation, the qualified expert must have specialized<br>knowledge in sexual offender evaluations of individuals with mental retardation.5."Respondent" means an individual subject to a commitment proceeding pursuant to<br>this chapter.6."Sexual act" means sexual contact between human beings, including contact<br>between the penis and the vulva, the penis and the anus, the mouth and the penis,<br>the mouth and the vulva, or the vulva and the vulva; or the use of an object that<br>comes in contact with the victim's anus, vulva, or penis. Sexual contact between the<br>penis and the vulva, or between the penis and the anus, or an object and the anus,<br>vulva, or penis of the victim, occurs upon penetration, however slight. Emission is<br>not required.7."Sexual contact" means any touching of the sexual or other intimate parts of an<br>individual for the purpose of arousing or satisfying sexual or aggressive desires.8."Sexually dangerous individual" means an individual who is shown to have engaged<br>in sexually predatory conduct and who has a congenital or acquired condition that is<br>manifested by a sexual disorder, a personality disorder, or other mental disorder or<br>dysfunction that makes that individual likely to engage in further acts of sexually<br>predatory conduct which constitute a danger to the physical or mental health or<br>safety of others.It is a rebuttable presumption that sexually predatory conductcreates a danger to the physical or mental health or safety of the victim of the<br>conduct.For these purposes, mental retardation is not a sexual disorder,personality disorder, or other mental disorder or dysfunction.9."Sexually predatory conduct" means:a.Engaging or attempting to engage in a sexual act or sexual contact with<br>another individual, or causing or attempting to cause another individual to<br>engage in a sexual act or sexual contact, if:(1)The victim is compelled to submit by force or by threat of imminent<br>death, serious bodily injury, or kidnapping directed toward the victim or<br>any human being, or the victim is compelled to submit by any threat that<br>would render an individual of reasonable firmness incapable of resisting;Page No. 1(2)The victim's power to appraise or control the victim's conduct has been<br>substantially impaired by the administration or employment, without the<br>victim's knowledge, of intoxicants or other means for purposes of<br>preventing resistance;(3)The actor knows or should have known that the victim is unaware that a<br>sexual act is being committed upon the victim;(4)The victim is less than fifteen years old;(5)The actor knows or should have known that the victim has a disability<br>that substantially impairs the victim's understanding of the nature of the<br>sexual act or contact;(6)The victim is in official custody or detained in a treatment facility, health<br>care facility, correctional facility, or other institution and is under the<br>supervisory authority, disciplinary control, or care of the actor; or(7)The victim is a minor and the actor is an adult; orb.Engaging in or attempting to engage in sexual contact with another individual or<br>causing or attempting to cause another individual to have sexual contact, if:(1)The actor knows or should have known that the contact is offensive to the<br>victim; or(2)The victim is a minor, fifteen years of age or older, and the actor is the<br>minor's parent, guardian, or is otherwise responsible for general<br>supervision of the victim's welfare.10."Should have known" means a reasonable individual without a congenital or<br>acquired condition that is manifested by a sexual disorder, a personality disorder, or<br>other mental disorder or dysfunction in the actor's circumstances would have known.11."Superintendent"meansthesuperintendentofthestatehospitalorthesuperintendent's designee.12."Treatment facility" means any hospital, including the state hospital, or any treatment<br>facility, including the developmental center at westwood park, Grafton, which can<br>provide directly, or by direct arrangement with other public or private agencies,<br>evaluation and treatment of sexually dangerous individuals.25-03.3-02. Jurisdiction and venue. The district court has original jurisdiction over theproceedings governed by this chapter. A proceeding pursuant to this chapter may be tried in any<br>county in which the respondent resides or is located, or has committed any sexually predatory<br>conduct, or if the respondent is an inmate, any of the foregoing venues or a county to which the<br>respondent has indicated an intent to relocate upon release from the correctional facility.25-03.3-03. Sexually dangerous individual - Petition.1.If it appears that an individual is a sexually dangerous individual, the state's attorney<br>may file a petition in the district court alleging that the individual is a sexually<br>dangerous individual and stating sufficient facts to support the allegation.2.The petition and any proceeding under section 25-03.3-11 are confidential and are<br>not public records or proceedings under sections 44-04-18 and 44-04-19 and<br>sections 5 and 6 of article XI of the Constitution of North Dakota. The court may<br>permit access to a respondent's records or proceedings under this chapter to the<br>respondent's guardian, guardian ad litem, or other similarly situated individual. ThePage No. 2court may permit access to information in the respondent's records to other<br>individuals who require the information for use in performing official governmental<br>duties.Notwithstanding any other provision of law, proceedings under section25-03.3-13 and any evidence introduced or presented to the court for any such<br>proceeding are required to be open to the public, with the exception of a proceeding<br>involving an individual who has not been convicted of a sexual act as defined in<br>section 25-03.3-01.The protections of subsection 10 of section 12.1-34-02 andsection 12.1-35-03 apply to any records or proceedings under this chapter.25-03.3-03.1. Referral of inmates to state's attorneys - Immunity.1.The department of corrections and rehabilitation shall maintain treatment records for<br>any inmate who has been convicted of an offense that includes sexually predatory<br>conduct. Approximately six months before the projected release date of the inmate,<br>the department shall complete an assessment of the inmate to determine whether a<br>recommendation is to be made to a state's attorney for civil commitment of the<br>inmate under this chapter. The assessment must be based on actuarial and clinical<br>evaluations or any other information determined by the director to be relevant,<br>including inmate behavior and whether the inmate participated in sexual offender<br>treatment while incarcerated.2.If, upon the completion of the assessment, the department determines the inmate<br>may meet the definition of a sexually dangerous individual, the department shall<br>refer the inmate to a state's attorney of an appropriate county as provided for in<br>section 25-03.3-02. The department may make a referral of an inmate to more than<br>one county.3.Any referral from the department must include a summary of the factors considered<br>material to the determination that the inmate is appropriate for referral.Thedepartment shall provide a copy of the referral and summary to the attorney general<br>and the superintendent of the developmental center and the state hospital.4.Following the receipt of a referral, but at least sixty days before the release date of<br>the inmate, the state's attorney shall notify the department and the attorney general<br>of the state's attorney's intended disposition of the referral.5.Any person participating in good faith in the assessment and referral of an inmate is<br>immune from any civil or criminal liability. For the purpose of any civil or criminal<br>proceeding, the good faith of any person required to participate in the assessment<br>and referral of an inmate is presumed.25-03.3-04. Retention of records. Notwithstanding any other provision of law, all adultand juvenile case files and court records of an alleged offense defined by section 12.1-20-03,<br>12.1-20-04, 12.1-20-05, 12.1-20-06, or 12.1-20-07 must be retained for fifty years and made<br>available to any state's attorney for purposes of investigation or proceedings pursuant to this<br>chapter.25-03.3-05. Abrogation of confidentiality statutes and privileges.1.Notwithstanding any other provision of law requiring confidentiality of information<br>about individuals receiving care, custody, education, treatment, or any other services<br>from the state or any political subdivision, any confidential information about a<br>respondent or committed individual must be released to a state's attorney for<br>proceedings pursuant to this chapter unless release results in the loss of federal<br>funds. The physician-patient privilege and psychotherapist-patient privilege do not<br>apply to communications relevant to an issue in proceedings to commit an individual<br>as a sexually dangerous person if the physician or psychotherapist in the course of<br>diagnosis or treatment determines the patient is in need of commitment and to<br>communications with a committed individual. The provision of any confidential orPage No. 3privileged information to the state's attorney does not render the state, any political<br>subdivision, or any state or political subdivision official or employee, or other person<br>liable pursuant to any criminal or civil law relating to confidentiality or privilege.2.For purposes of this chapter, the disclosure of individually identifiable health<br>information by a treating facility or mental health professional to the state hospital or<br>a mental health professional, including an expert examiner, is a disclosure for<br>treatment.A retained or appointed counsel has the right to obtain individuallyidentifiable health information regarding a respondent in a proceeding under this<br>chapter. In any other case, the right of an inmate or a patient to obtain protected<br>health information must be in accordance with title 45, Code of Federal Regulations,<br>part 164.25-03.3-06.Use of confidential records.Upon request, any confidential recordsprovided to the state's attorney pursuant to this chapter must be made available to the<br>respondent or committed individual, the attorney of the respondent or committed individual, a<br>qualified expert charged with examining the respondent or committed individual, the court, and<br>any treatment facility in which the respondent or committed individual is being evaluated or<br>treated pursuant to this chapter.25-03.3-07. Appointment of guardian ad litem. At any stage of a proceeding underthis chapter, on application of any individual or on its own motion, the court may appoint a<br>guardian ad litem for a minor or an individual with mental retardation who is a respondent or<br>witness or otherwise involved in the proceeding, if the minor or an individual with mental<br>retardation has no parent, guardian, or custodian appearing on the minor's or the mentally<br>retarded individual's behalf or the interests of those persons conflict with those of the minor or an<br>individual with mental retardation. The department of human services shall pay the expense of<br>the guardian ad litem fee as established by the court.25-03.3-08. Sexually dangerous individual - Procedure on petition - Detention.1.Upon the filing of a petition pursuant to this chapter, the court shall determine<br>whether to issue an order for detention of the respondent named in the petition. The<br>petition may be heard ex parte. The court shall issue an order for detention if there<br>is cause to believe that the respondent is a sexually dangerous individual. If the<br>court issues an order for detention, the order must direct that the respondent be<br>taken into custody and transferred to an appropriate treatment facility or local<br>correctional facility to be held for subsequent hearing pursuant to this chapter.<br>Under this section, the department of human services shall pay for any expense<br>incurred in the detention or evaluation of the respondent.2.If the state's attorney knows or believes the respondent named in the petition is an<br>individual with mental retardation, the state's attorney shall notify the court in the<br>petition and shall advise the court of the name of the legal guardian of the<br>respondent or, if none is known, the court may appoint a guardian ad litem for the<br>respondent. Before service of the notice required in section 25-03.3-10, the court<br>shall appoint an attorney for the respondent. An individual with mental retardation<br>may be detained in a correctional facility before the probable cause hearing only<br>when no other secure facility is accessible, and then only under close supervision.25-03.3-09. Right to counsel - Waiver.1.Every respondent is entitled to legal counsel.Unless an appearance has beenentered on behalf of the respondent, the court, within twenty-four hours from the<br>time the petition was filed, exclusive of weekends or holidays, shall appoint counsel<br>to represent the respondent. If a respondent retains counsel, the retained counsel<br>immediately shall notify the court of that fact.Page No. 42.After consultation with counsel, the respondent may waive the right to counsel or the<br>right to any hearing provided pursuant to this chapter by notifying the court in writing.<br>The notification must clearly state the respondent's reasons for the waiver and the<br>respondent's counsel shall separately certify that counsel has explained to the<br>respondent the proceedings, the legal and factual issues, potential defenses, the<br>burden of proof, and possible outcomes of the proceedings. No guardian, guardian<br>ad litem, attorney, or other individual may waive the right to counsel on behalf of an<br>individual with mental retardation.3.If the court determines that the respondent is indigent, the court shall appoint<br>counsel and order that appointed counsel be compensated by the county that is the<br>respondent's place of residence in a reasonable amount based upon time and<br>expenses.4.The state's attorney of a county that has expended sums pursuant to subsection 3<br>may seek civil recovery of those sums from property of the respondent.<br>Commencement of the action must occur within six years after the date the sums<br>were paid. After notice and hearing, the court may order an individual to reimburse<br>the county for expenditures made on that individual's behalf pursuant to this chapter.25-03.3-10.Notice.If a respondent is detained pursuant to section 25-03.3-08, thestate's attorney shall provide the respondent, or the respondent's guardian, if appropriate, with a<br>copy of the petition filed with the court. The state's attorney shall provide the respondent with<br>written notice of the respondent's right to a preliminary hearing and a commitment hearing, if<br>probable cause is found to exist; the right to counsel and that counsel will be appointed for the<br>respondent, if the respondent is indigent; and the right to have an expert of the respondent's<br>choosing conduct an evaluation and testify on the respondent's behalf or, if the respondent is<br>indigent, that the court will appoint a qualified expert for the respondent. The notice must state<br>the date, time, and place for the preliminary hearing. If notice is given to a respondent who the<br>state's attorney knows or believes is an individual with mental retardation, the state's attorney<br>also shall give notice to the respondent's attorney, guardian, and guardian ad litem, if any.25-03.3-11. Preliminary hearing - Probable cause. The respondent is entitled to apreliminary hearing within seventy-two hours of being taken into custody pursuant to an order of<br>the court, excluding weekends and holidays, unless the respondent knowingly waives the<br>preliminary hearing pursuant to section 25-03.3-09. The respondent has a right to be present, to<br>testify, and to present and cross-examine witnesses at any preliminary hearing. The court may<br>receive evidence that would otherwise be inadmissible at a commitment hearing. If the court<br>determines after a preliminary hearing that there is probable cause to believe the respondent is a<br>sexually dangerous individual, the court shall order that the respondent be transferred to an<br>appropriate treatment facility for an evaluation as to whether the respondent has a congenital or<br>acquired condition that is manifested by a sexual disorder, a personality disorder, or other mental<br>disorder or dysfunction that makes the respondent likely to engage in further acts of sexually<br>predatory conduct. If the court determines that probable cause does not exist to believe that the<br>respondent is a sexually dangerous individual, the court shall dismiss the petition.If therespondent waives the preliminary hearing, then the respondent must be immediately transferred<br>to an appropriate treatment facility for an evaluation as to whether the respondent has a<br>congenital or acquired condition that is manifested by a sexual disorder, a personality disorder, or<br>other mental disorder or dysfunction that makes the respondent likely to engage in further acts of<br>sexually predatory conduct. An individual with mental retardation may be evaluated under this<br>chapter at a facility only if that facility provides care and treatment to individuals with mental<br>retardation.25-03.3-12.Sexually dangerous individual - Evaluation.The evaluation must beconducted by one or more experts chosen by the executive director. Whenever a respondent is<br>subject to an evaluation pursuant to this chapter, the respondent may retain an expert to perform<br>an evaluation or testify on the respondent's behalf. When the respondent is an adult with mental<br>retardation and a guardian or guardian ad litem has not been appointed for the respondent, the<br>court shall appoint an expert to perform an evaluation on behalf of the respondent. In the case ofPage No. 5a respondent who is indigent, the court shall appoint a qualified expert to perform an examination<br>or participate in the commitment proceeding on the respondent's behalf. The department of<br>human services shall compensate any qualified expert appointed by the court on behalf of an<br>indigent respondent in a reasonable amount based on time and expenses. An expert retained on<br>behalf of the respondent must have reasonable access to the respondent for the purpose of the<br>examination and to all relevant medical, psychological, and court records and reports.25-03.3-13. Sexually dangerous individual - Commitment proceeding - Report offindings.Within sixty days after the finding of probable cause, the court shall conduct acommitment proceeding to determine whether the respondent is a sexually dangerous individual.<br>The court may extend the time for good cause. At the commitment proceeding, any testimony<br>and reports of an expert who conducted an examination are admissible, including risk<br>assessment evaluations. Any proceeding pursuant to this chapter must be tried to the court and<br>not a jury. At the commitment proceeding, the state's attorney shall present evidence in support<br>of the petition and the burden is on the state to show by clear and convincing evidence that the<br>respondent is a sexually dangerous individual.An individual may not be committed unlessexpert evidence is admitted establishing that the individual has a congenital or acquired condition<br>that is manifested by a sexual disorder, a personality disorder, or other mental disorder or<br>dysfunction that makes that individual likely to engage in further acts of sexually predatory<br>conduct. The respondent has a right to be present, to testify, and to present and cross-examine<br>witnesses. If the respondent is found to be a sexually dangerous individual, the court shall<br>commit the respondent to the care, custody, and control of the executive director. The executive<br>director shall place the respondent in an appropriate facility or program at which treatment is<br>available. The appropriate treatment facility or program must be the least restrictive available<br>treatment facility or program necessary to achieve the purposes of this chapter. The executive<br>director may not be required to create a less restrictive treatment facility or treatment program<br>specifically for the respondent or committed individual.Unless the respondent has beencommitted to the legal and physical custody of the department of corrections and rehabilitation,<br>the respondent may not be placed at and the treatment program for the respondent may not be<br>provided at the state penitentiary or an affiliated penal facility. If the respondent is found not to<br>be a sexually dangerous individual, the court shall discharge the respondent.25-03.3-14. Interagency placement. If a committed individual also has been committedto the legal and physical custody of the department of corrections and rehabilitation, the director<br>of the department of corrections and rehabilitation and the executive director may consult one<br>another and determine the appropriate placement of the individual and may transfer the<br>individual between placements.25-03.3-15. Evidence of prior acts. Notwithstanding any other provision of law, in anyproceeding pursuant to this chapter, evidence of prior sexually predatory conduct or criminal<br>conduct, including a record of the juvenile court, is admissible.25-03.3-16.Limitation on findings as evidence in criminal proceedings.Anydetermination made pursuant to this chapter regarding whether a respondent is a sexually<br>dangerous individual or has a congenital or acquired condition that is manifested by a sexual<br>disorder, a personality disorder, or other mental disorder or dysfunction is inadmissible in any<br>criminal proceeding against the respondent, including any criminal proceeding to determine<br>whether the respondent is fit to stand trial, incapable of forming requisite intent, or not guilty by<br>reason of lack of responsibility because of mental disease or defect.25-03.3-17. Postcommitment proceeding, discharge, and further disposition.1.A committed individual must remain in the care, custody, and control of the<br>executive director until, in the opinion of the executive director, the individual is safe<br>to be at large.2.Each committed individual must have an examination of that individual's mental<br>condition at least once a year. A report regarding the examination must be provided<br>to the court that committed the individual. At the time of the annual examination, thePage No. 6committed individual has the right to have an expert examine the individual, and,<br>upon the request of an indigent committed individual, the court shall appoint a<br>qualified expert to examine the committed individual and report to the court. The<br>department of human services shall compensate a qualified expert appointed by the<br>court in a reasonable amount based on time and expenses. That expert must have<br>reasonable access to the committed individual and to all records relating to the<br>committed individual, including confidential records.3.If a committed individual has been committed to an out-of-state facility by the<br>executive director for purposes of treatment, an expert from that state may be<br>appointed by the court as a qualified expert for an indigent committed individual for<br>any postcommitment proceeding.4.After any report pursuant to this section is provided to the court, the court may order<br>further examination and investigation of the committed individual as the court<br>considers necessary. The court may set the matter for a hearing. At the hearing,<br>the committed individual is entitled to be present and to the benefit of the protections<br>afforded at the commitment proceeding. The state's attorney shall represent the<br>state at the hearing.After the hearing, the court shall determine whether thecommitted individual is to be discharged or to be retained as a sexually dangerous<br>individual in the care, custody, and control of the executive director.5.The executive director may only discharge a sexually dangerous individual from<br>commitment pursuant to a court order.The executive director may petition thecommitting court at any time for the discharge of the committed individual. The<br>executive director shall give the state's attorney notice of any petition for discharge<br>the executive director files with the court. Before the petition is granted, the state's<br>attorney has the right to be heard by the court on the petition. The state's attorney<br>may waive this right.6.If the executive director moves a committed individual from a placement in the<br>community to a placement in a secure treatment facility that is more restrictive, the<br>committed individual may challenge the move at a hearing to be held within thirty<br>days after the move in accordance with procedures established by the department of<br>human services.25-03.3-18. Petition for discharge - Notice.1.Annually, the executive director shall provide the committed individual with written<br>notice that the individual has a right to petition the court for discharge. The notice<br>must explain to the committed person when the committed person has a right to a<br>hearing on the petition. The notice must inform the committed person of the rights<br>this chapter affords the committed person at a discharge hearing. The executive<br>director shall forward a copy of the notice to the committing court. If the committed<br>individual is mentally retarded, the executive director shall also provide the written<br>notice to the individual's attorney, guardian, and guardian ad litem, if any.2.If the committed individual files a petition for discharge and has not had a hearing<br>pursuant to section 25-03.3-17 or this section during the preceding twelve months,<br>the committed individual has a right to a hearing on the petition.3.At the hearing on the petition for discharge, the committed individual is entitled to be<br>present and to the benefit of the protections afforded at the commitment proceeding.<br>The state's attorney shall represent the state and may have the committed individual<br>evaluated by experts chosen by the state. The committed individual is entitled to<br>have an expert of the committed individual's choice conduct an evaluation. The<br>court shall appoint a qualified expert if the committed individual is indigent and<br>requests an appointment. The department of human services shall compensate a<br>qualified expert appointed by the court in a reasonable amount based on time andPage No. 7expenses. That expert must have reasonable access to the committed individual<br>and to all records relating to the committed individual, including confidential records.4.At any hearing held pursuant to a petition for discharge, the burden of proof is on the<br>state to show by clear and convincing evidence that the committed individual<br>remains a sexually dangerous individual.25-03.3-19.Appeal.The respondent has the right to an appeal from an order ofcommitment or an order denying a petition for discharge. Upon entry of an appealable order, the<br>court shall notify the respondent of the right to appeal and the right to counsel. The notice of<br>appeal must be filed within thirty days after entry of the order. The appeal must be limited to a<br>review of the procedures, findings, and conclusions of the committing court. Pending a decision<br>on appeal, the order appealed from remains in effect. If the respondent is a mentally retarded<br>individual, the court shall provide notice of the right to appeal to the respondent's attorney, the<br>respondent's guardian, and guardian ad litem.25-03.3-20. Limitation of liability. A person acting in good faith upon either actualknowledge or reliable information, who provides information to the state's attorney or the court<br>pursuant to this chapter, is not subject to civil or criminal liability.25-03.3-21. Recovery of expense. The department of human services, to the extent ithas expended sums or provided services pursuant to this title, may seek civil recovery from the<br>property of the respondent or committed individual. The department of human services must<br>commence the action within six years after the department paid the sums or provided the<br>services to the respondent or committed individual. After notice and hearing, the court may order<br>an individual to reimburse the department of human services for all or part of the expenditures<br>made for that individual pursuant to this chapter. In establishing the amount of reimbursement<br>ordered under this section, the court shall consider the ability of the respondent or committed<br>individual to pay.25-03.3-22. Rules. The department of human services may adopt rules under chapter28-32 to implement this chapter, but the rules may not restrict or limit the rights guaranteed by<br>this chapter.25-03.3-23. Individual rights. For so long as a committed individual is placed in andresides at a treatment facility, the committed individual has the same rights as other residents of<br>the facility, subject to the following limitations and restrictions:1.The individual's rights are subordinate to legitimate safety precautions and to the<br>terms of the applicable individualized habilitation or treatment plan.2.If an individual's rights are inconsistent with this chapter in a particular situation, the<br>specific provisions of this chapter prevail.25-03.3-24. Postcommitment community placement - Penalty.1.Following commitment of a sexually dangerous individual, the executive director<br>may conduct a risk management assessment of the committed individual for the<br>purpose of determining whether the individual may be treated safely in the<br>community on an outpatient basis. The executive director may place a committed<br>individual in the community for treatment on an outpatient basis only pursuant to a<br>court order. The executive director may petition the court at any time for community<br>placement. The executive director shall give the state's attorney of the county of<br>community placement notice of any petition for community placement the executive<br>director files with the court. Before the petition is granted, the state's attorney has<br>the right to be heard by the court. The state's attorney may waive this right. At any<br>hearing held pursuant to a petition by the executive director for the community<br>placement of a committed individual, the burden of proof required of the executive<br>director is a preponderance of the evidence.The court's order of communityPage No. 8placement must contain appropriate restrictions and requirements for the committed<br>individual, including:a.Participation and compliance with a specific course of treatment;b.Submission to electronic monitoring and any other appropriate supervision;c.Prohibition of the individual changing place of residency or leaving the state<br>without prior authorization of the court;d.Establishment of safety zones, and compliance by the committed individual<br>with those safety zones;e.Requirement that the committed individual notify the court within twenty-four<br>hours of any change in the individual's status that affects proper treatment or<br>supervision;f.Contact with victims is prohibited independent of a supervised treatment plan;<br>andg.Any other restriction or requirement deemed necessary by the court to assure<br>public safety and proper treatment of the committed individual.2.Violation by a committed individual of a court order issued pursuant to this section is<br>a class C felony.Page No. 9Document Outlinechapter 25-03.3 commitment of sexually dangerous individuals
