North Dakota 2023-2024 Regular Session

North Dakota House Bill HB1138

Introduced
1/3/23  
Refer
1/3/23  
Report Pass
1/18/23  
Engrossed
1/23/23  
Refer
2/13/23  
Report Pass
3/22/23  
Refer
3/22/23  
Report Pass
4/3/23  
Enrolled
4/7/23  

Caption

A mental health court program.

Impact

If enacted, HB1138 would alter sentencing structures, allowing for reduced penalties for those who successfully complete designated treatment programs. The implications include transitioning some felony convictions to misdemeanors upon successful program completion, which could significantly impact the long-term outcomes for affected individuals. The law aims to decrease recidivism by integrating mental health treatment into the judicial process, thus aligning legal outcomes with public health objectives, potentially improving community trust in the justice system.

Summary

House Bill 1138 introduces amendments to existing laws concerning the treatment of individuals with mental health issues within the criminal justice system, particularly through the establishment of a mental health court program. The bill allows for the potential diversion of eligible defendants to mental health court, thereby providing an avenue for treatment rather than traditional incarceration. This shift signifies a growing recognition of the importance of addressing underlying mental health conditions in rehabilitation, rather than solely penalizing individuals for their offenses.

Sentiment

The sentiment surrounding HB1138 appears to be favorable among proponents who advocate for mental health reform. Supporters view the bill as a necessary and progressive step towards rehabilitating individuals, encouraging rehabilitation rather than punishment. However, there is also concern about the execution of such programs. Critics may question resource allocation, effectiveness, and the potential for leniency in handling individuals who have committed serious offenses, indicating a nuanced yet constructive discourse on the implications of the legislation.

Contention

Notable points of contention relate primarily to resource commitments for establishing and maintaining mental health court programs. Some legislators and public stakeholders express concerns over the funding necessary to ensure these programs are adequately supported, as well as the quality of care provided. Additionally, there may be apprehensions about the potential for inconsistent application of the law, especially in distinguishing between defendants who might genuinely benefit from treatment versus those who may use the system to circumvent stricter penalties.

Companion Bills

No companion bills found.

Previously Filed As

ND HB1310

Repayment of rewards paid by crimestoppers programs, the fee for crime victim and witness programs, and the court facilities improvement and maintenance fund; and to provide for application.

ND HB1030

AN ACT to amend and reenact subdivision i of subsection 1 of section 12.1-32-02, sections 15.1-19-13 and 19-03.1-23, subsection 6 of section 19-03.4-03, subsection 17 of section 27-20.2-01, subsection 26 of section 27-20.4-01, subdivision c of subsection 4 of section 27-20.4-17, subsection 4 of section 27-20.4-26, subsection 5 of section 29-26-22, section 39-06-36.1, subsection 9 of section 39-06.1-11, subdivision f of subsection 5 of section 39-08-01, and sections 39-08-01.5 and 54-12-27.1 of the North Dakota Century Code relating to changing drug court to treatment court.

ND HB1313

Sentencing alternatives and the sentencing of a defendant to an addiction treatment program for a violation of driving under the influence; and to provide for application.

ND HB1336

Orders prohibiting contact and use of orders prohibiting contact as an alternative to sentencing.

ND HB1122

Conditions of eligibility for release programs, sentencing of violent offenders, assumption of risk in crimes, revocation of teacher's license due to a crime against a child, child welfare definitions, petition for termination of parental rights, and the statute of limitations for felonies except murder or mass murder; and to provide a penalty.

ND HB1835

Concerning Specialty Court Programs; And To Update And Clarify The Law Concerning Drug Court, Mental Health Court, Veterans Court, And Dwi/bwi Specialty Court Programs.

ND HB698

Rivers McGraw Mental Health Diversion Program; revise to create mental health treatment courts.

ND HB703

Rivers McGraw Mental Health Diversion Program; revise to create mental health treatment courts.

ND HB1288

Rivers McGraw Mental Health Diversion Program; revise to create mental health treatment courts.

ND SB2128

Transparent sentencing of criminal offenders, transfer of persons between correctional facilities, work release eligibility and conditions for criminal offenders, sentences for assaulting and fleeing from law enforcement officers, and sentences for preventing arrest; to provide a legislative management report; to provide a penalty; and to provide for application.

Similar Bills

ND HB1030

AN ACT to amend and reenact subdivision i of subsection 1 of section 12.1-32-02, sections 15.1-19-13 and 19-03.1-23, subsection 6 of section 19-03.4-03, subsection 17 of section 27-20.2-01, subsection 26 of section 27-20.4-01, subdivision c of subsection 4 of section 27-20.4-17, subsection 4 of section 27-20.4-26, subsection 5 of section 29-26-22, section 39-06-36.1, subsection 9 of section 39-06.1-11, subdivision f of subsection 5 of section 39-08-01, and sections 39-08-01.5 and 54-12-27.1 of the North Dakota Century Code relating to changing drug court to treatment court.

ND HB1367

Drug crime penalties and drug paraphernalia possession; and to provide a penalty.

CA SB46

Controlled substances: treatment.

MI SB0499

Controlled substances: penalties; conduct associated with entheogenic plants and fungi; exempt from criminal penalties in certain circumstances. Amends secs. 7401, 7403 & 7404 of 1978 PA 368 (MCL 333.7401 et seq.).

CA SB904

Controlled substances: treatment.

MI HB5178

Health: other; syringe service programs; provide for. Amends secs. 7401, 7403, 7404, 7453 & 7457 of 1978 PA 368 (MCL 333.7401 et seq.) & adds sec. 5137.

VA HB2491

Assault and battery; serious bodily injury, penalty.

VA HB1714

Assault and battery; serious bodily injury; penalty.