Section 39-08-01.5 - Partial suspension of sentence for drug court program, mental health court program, or veterans treatment docket completion1. Notwithstanding section 39-08-01: a. All but ten days of the minimum mandatory sentence required for a defendant charged with a third or subsequent violation of section 39-08-01 may be suspended on the condition the defendant successfully completes a drug court program, mental health court program, or veterans treatment docket approved by the supreme court.b. If the drug court determines a defendant participating in a drug court program has substantially complied with the requirements of the drug court program, the drug court may suspend the defendant's electronic alcohol monitoring and sobriety breath testing requirement under the twenty-four seven sobriety program for the six months preceding completion of the drug court program.2. Upon successful completion of a drug court program, mental health court program, or veterans treatment docket, a defendant convicted of a felony under section 39-08-01 and sentenced to drug court, mental health court, or veterans treatment docket is deemed to have been convicted of a misdemeanor.3. If a defendant convicted of a misdemeanor under section 39-08-01 is sentenced to drug court, mental health court, or veterans treatment docket and successfully completes a drug court program, mental health court, or veterans treatment docket, the court shall dismiss the case and seal the file in accordance with section 12.1-32-07.2.Amended by S.L. 2023 , ch. 132( HB 1138 ), § 3, eff. 8/1/2023.Amended by S.L. 2023 , ch. 354( HB 1277 ), § 1, eff. 4/12/2023.Amended by S.L. 2021 , ch. 110( SB 2246 ), § 3, eff. 8/1/2021.Amended by S.L. 2019 , ch. 188( HB 1164 ), § 3, eff. 8/1/2019.Added by S.L. 2015 , ch. 268( SB 2052 ), § 7, eff. 4/15/2015.