TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 46, N.D.R.Crim.P., Release from Custody
Rule 46 is currently before the Supreme Court as part of the Annual/Criminal Rules Package. An additional change is proposed to the rule in response to N.D.C.C. § 19-03.1-46. Under this new statute, courts are required to impose special conditions of release on people arrested for controlled substance violations.
A big change imposed by the statute is a requirement for random testing for controlled substance use. The proposed amendment to Rule 46 includes a random controlled substance testing option among the list of conditions of release. This proposed amendment is at lines 35-36. A proposed revision to the explanatory note explains the addition and includes a cross-reference to the statute. The explanatory note revision is at lines 198-201. All the other revisions shown have already been considered and approved by the Committee.
The proposed revisions to Rule 46 and a copy of the new statute is attached.