Modification of order of commitment - Conditional release or discharge - Release plan
N.D. Cent. Code § 12.1-04.1-24
in effect12.1-04.1-24. Modification of order of commitment - Conditional release or discharge -
Release plan.
1. After commitment of an individual to a treatment facility under this chapter, the director
or superintendent may apply to the court for modification of the terms of an order of
commitment or for an order of conditional release or discharge. The application must
be accompanied by a report setting forth the facts supporting the application and, if the
application is for conditional release, a plan for supervision and treatment of the
individual.
2. An individual who has been committed to a treatment facility under this chapter, or
another person acting on the individual's behalf, may apply to the court for modification
of the terms of a commitment order or for an order of conditional release or discharge.
If the application is being considered by the court at the time of the review of the order
of commitment, the court shall require a report from the director or superintendent of
the treatment facility.
3. The court shall consider and dispose of an application under this section promptly. In a
proceeding under this section, the applicant has the burden of proof by a
preponderance of the evidence. The court shall enter an order in accordance with the
following requirements:
a. If the court finds that the individual committed is not mentally ill or defective or
that there is not a substantial risk that the individual will commit, as a result of
mental illness or defect, a criminal act, it shall order the individual discharged
from further constraint under this chapter.
b. If the court finds that the individual is mentally ill or defective, but that there is not
a substantial risk that the individual will commit, as a result of mental illness or
defect, a criminal act of violence threatening another individual with bodily injury
or inflicting property damage, it shall vacate the order committing the individual to
a treatment facility. If the court finds that there is a substantial risk that the
individual will commit, as a result of mental illness or defect, a nonviolent criminal
act, it may order the individual to report to any treatment facility for noncustodial
evaluation and treatment and to accept nonexperimental, generally accepted
medical, psychiatric, or psychological treatment recommended by the treatment
facility.
c. If the court finds that the individual is mentally ill or defective, but that the risk that
the individual will commit, as a result of mental illness or defect, a criminal act of
violence threatening another individual with bodily injury or inflicting property
damage will be controlled adequately with supervision and treatment and that
necessary supervision and treatment are available, it shall order the individual
released subject to conditions it considers appropriate for the protection of
society.
4. In any proceeding for modification of an order of commitment to a treatment facility, if
the individual has been represented by counsel and the application for modification of
the order of commitment is denied after a plenary hearing, the court shall set a new
date for periodic review of the status of the individual. The date set must be within one
year after the date of the order.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t12-1c04-1.pdf#nameddest=12p1-04p1-24Fetched: 10/16/2026