N.D. Cent. Code § 40-18-15.1

Current through 2023 Legislative Sessions
Section 40-18-15.1 - Transfer to district court - Expenses of prosecution - Division of funds and expenses between city, county, and state

A matter may be transferred to district court for trial if within twenty-eight days after arraignment the defendant has requested in writing to transfer the case to district court and to exercise the defendant's right to a jury trial. After a transfer to district court, if the defendant waives a jury trial, the matter must be remanded to the municipal court for disposition if the defendant and prosecuting attorney agree to the remand. Unless remanded to the municipal court by agreement of the parties, the district court shall retain jurisdiction for sentencing. The city shall provide a prosecuting attorney and, in the case of any indigent defendant, a defense attorney. The city may contract with the county, state, or any individual or entity for prosecution or defense services. In the contract, the city, county, and state may agree to a division of all fees, fines, costs, forfeitures, and any other monetary consideration collected from cases transferred under this section, which must be paid to the city and county treasury and state general fund at least once each quarter. At the time of payment, the clerk of district court shall account under oath to the city auditor, county, and state treasurer for all money collected. In the contract the city, county, and state may also agree to a division of expenses, including jury and witness expenses, related to cases transferred under this section. In the absence of a contract all fees, fines, costs, forfeitures, and any other monetary consideration collected from transferred cases must be deposited in the state general fund.

N.D.C.C. § 40-18-15.1

Amended by S.L. 2017, ch. 280 (SB 2132),§ 1, eff. 8/1/2017.
Amended by S.L. 2011, ch. 295 (HB 1310),§ 1, eff. 8/1/2011.