North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1061 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
	1	+	25.8057.01001
	2	+	Title.02000
	3	+	Adopted by the Judiciary Committee
	4	+	Sixty-ninth
	5	+	January 15, 2025
	6	+	Legislative Assembly
	7	+	of North Dakota
	8	+	Introduced by
	9	+	Judiciary Committee
	10	+	(At the request of the Department of Corrections and Rehabilitation)
	11	+	A BILL for an Act to amend and reenact subsections 1, 17, and 18 of section 12.1-34-02 of the
	12	+	North Dakota Century Code, relating to fair treatment of victims.for an Act to amend and reenact
	13	+	subsections 17 and 18 of section 12.1-34-02 of the North Dakota Century Code, relating to fair
	14	+	treatment of victims.
	15	+	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
	16	+	SECTION 1. AMENDMENT. Subsections 1, 17, and 18 of section 12.1-34-02 of the North
	17	+	Dakota Century Code are amended and reenacted as follows:
	18	+	1. Informed by those entities that have contact with the victim or witness when requested
	19	+	as to the availability of and the methods available for registration with the statewide
	20	+	automated victim information and notification system. Those entities include law
	21	+	enforcement, prosecuting attorneys, the courts, and custodial authorities. A victim or
	22	+	witness who clearly objects to registration may not be required to register with the
	23	+	system or must be able to opt out of the system. A victim has the right to:
	24	+	a. Prevent the disclosure of confidential or privileged information about the victim or
	25	+	the victim's family; and
	26	+	b. Be notified of any request for identifying information or confidential or privileged
	27	+	information about the victim or victim's family.
	28	+	17. Prompt notice of custodial release. Registered victims and witnesses must be
	29	+	informed whenever a criminal defendant receives a temporary, provisional, or final
	30	+	release from custody or whenever the defendant escapes from custody. Victims who
	31	+	are not registered must be given the same notice by the appropriate custodial
	32	+	Page No. 1 25.8057.01001
3	33		HOUSE BILL NO. 1061
4		-	(Judiciary Committee)
5		-	(At the request of the Department of Corrections and Rehabilitation)
6		-	AN ACT to amend and reenact subsections 17 and 18 of section 12.1-34-02 of the North Dakota
7		-	Century Code, relating to fair treatment of victims.
8		-	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9		-	SECTION 1. AMENDMENT. Subsection 17 of section 12.1-34-02 of the North Dakota Century
10		-	Code is amended and reenacted as follows:
11		-	17.Prompt notice of custodial release. Registered victims and witnesses must be informed
12		-	whenever a criminal defendant receives a temporary, provisional, or final release from custody
13		-	or whenever the defendant escapes from custody. Victims who are not registered must be
14		-	given the same notice by the appropriate custodial authority. Notification must include the
15		-	transfer of the defendant to a work-release or education release program, a community
16		-	residential program, or transfer to a mental health facility. All notices to the registered victim
17		-	and witnesses concerning this release information must be within a reasonable time prior to
18		-	the defendant's release or transfer. The notice given by the custodial authority must be given
19		-	by any means reasonably calculated to give prompt notice.
20		-	SECTION 2. AMENDMENT. Subsection 18 of section 12.1-34-02 of the North Dakota Century
21		-	Code is amended and reenacted as follows:
22		-	18.Participation in parole board and pardon decision. Victims may submit a written statement for
23		-	consideration by the parole board, the governor, or the pardon advisory board, if one has been
24		-	appointed, prior to the parole board, the governor, or the pardon advisory board taking any
25		-	action on a defendant's request for parole or pardon. A victim statement made under this
26		-	subsection is a confidential record and may be disclosed only to the parole board, the
27		-	governor, the pardon advisory board, or their authorized representative. Victims of violent
28		-	crimes may at the discretion of the parole board, the governor, or the pardon advisory board
29		-	personally appear and address the parole board, the governor, or the pardon advisory board.
30		-	Victim testimony and written statements under this subsection are confidential and may be
	34	+	PROPOSED AMENDMENTS TO
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	55	+	21 Sixty-ninth
	56	+	Legislative Assembly
	57	+	authority. Notification must include the transfer of the defendant to a work-release or
	58	+	education release program, a community residential program, or transfer to a mental
	59	+	health facility. All notices to the registered victim and witnesses concerning this release
	60	+	information must be within a reasonable time prior to the defendant's release or
	61	+	transfer. The notice given by the custodial authority must be given by any means
	62	+	reasonably calculated to give prompt notice.
	63	+	18. Participation in parole board and pardon decision. Victims may submit a written
	64	+	statement for consideration by the parole board, the governor, or the pardon advisory
	65	+	board, if one has been appointed, prior to the parole board, the governor, or the
	66	+	pardon advisory board taking any action on a defendant's request for parole or
	67	+	pardon. A victim statement made under this subsection is a confidential record and
	68	+	may be disclosed only to the parole board, the governor, the pardon advisory board, or
	69	+	their authorized representative. Victims of violent crimes may at the discretion of the
	70	+	parole board, the governor, or the pardon advisory board personally appear and
	71	+	address the parole board, the governor, or the pardon advisory board. Victim
	72	+	testimony and written statements under this subsection are confidential and may be
31	73		disclosed only to the parole board, the governor, the pardon advisory board, or their
32		-	authorized representative. Notice must be given by the parole board or, pardon clerk, or
33		-	authorized representative informing the registered victim of the pending review. The registered
34		-	victim must be provided notice of the decision of the parole board or of the governor and the
35		-	recommendations of the pardon advisory board, if any, and, if applicable, notice of the date of
36		-	the prisoner's release on parole or the prisoner's pardon, conditional pardon, reprieve,
37		-	commutation, or remission of fine. Notice must be given within a reasonable time after the
38		-	parole board or the governor makes a decision but in any event before the parolee's or
39		-	pardoned prisoner's release from custody. H. B. NO. 1061 - PAGE 2
40		-	____________________________ ____________________________
41		-	Speaker of the House President of the Senate
42		-	____________________________ ____________________________
43		-	Chief Clerk of the House Secretary of the Senate
44		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
45		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1061.
46		-	House Vote: Yeas 86 Nays 2 Absent 6
47		-	Senate Vote:Yeas 47 Nays 0 Absent 0
48		-	____________________________
49		-	Chief Clerk of the House
50		-	Received by the Governor at ________M. on _____________________________________, 2025.
51		-	Approved at ________M. on __________________________________________________, 2025.
52		-	____________________________
53		-	Governor
54		-	Filed in this office this ___________day of _______________________________________, 2025,
55		-	at ________ o’clock ________M.
56		-	____________________________
57		-	Secretary of State
	74	+	authorized representative. Notice must be given by the parole board or, pardon clerk,
	75	+	or authorized representative informing the registered victim of the pending review. The
	76	+	registered victim must be provided notice of the decision of the parole board or of the
	77	+	governor and the recommendations of the pardon advisory board, if any, and, if
	78	+	applicable, notice of the date of the prisoner's release on parole or the prisoner's
	79	+	pardon, conditional pardon, reprieve, commutation, or remission of fine. Notice must
	80	+	be given within a reasonable time after the parole board or the governor makes a
	81	+	decision but in any event before the parolee's or pardoned prisoner's release from
	82	+	custody.
	83	+	SECTION 1. AMENDMENT. Subsection 17 of section 12.1-34-02 of the North Dakota
	84	+	Century Code is amended and reenacted as follows:
	85	+	17.Prompt notice of custodial release. Registered victims and witnesses must be
	86	+	informed whenever a criminal defendant receives a temporary, provisional, or final
	87	+	release from custody or whenever the defendant escapes from custody. Victims who
	88	+	Page No. 2 25.8057.01001
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	119	+	31 Sixty-ninth
	120	+	Legislative Assembly
	121	+	are not registered must be given the same notice by the appropriate custodial
	122	+	authority. Notification must include the transfer of the defendant to a work-release or
	123	+	education release program, a community residential program, or transfer to a mental
	124	+	health facility. All notices to the registered victim and witnesses concerning this release
	125	+	information must be within a reasonable time prior to the defendant's release or
	126	+	transfer. The notice given by the custodial authority must be given by any means
	127	+	reasonably calculated to give prompt notice.
	128	+	SECTION 2. AMENDMENT. Subsection 18 of section 12.1-34-02 of the North Dakota
	129	+	Century Code is amended and reenacted as follows:
	130	+	18.Participation in parole board and pardon decision. Victims may submit a written
	131	+	statement for consideration by the parole board, the governor, or the pardon advisory
	132	+	board, if one has been appointed, prior to the parole board, the governor, or the
	133	+	pardon advisory board taking any action on a defendant's request for parole or
	134	+	pardon. A victim statement made under this subsection is a confidential record and
	135	+	may be disclosed only to the parole board, the governor, the pardon advisory board, or
	136	+	their authorized representative. Victims of violent crimes may at the discretion of the
	137	+	parole board, the governor, or the pardon advisory board personally appear and
	138	+	address the parole board, the governor, or the pardon advisory board. Victim
	139	+	testimony and written statements under this subsection are confidential and may be
	140	+	disclosed only to the parole board, the governor, the pardon advisory board, or their
	141	+	authorized representative. Notice must be given by the parole board or, pardon clerk,
	142	+	or authorized representative informing the registered victim of the pending review. The
	143	+	registered victim must be provided notice of the decision of the parole board or of the
	144	+	governor and the recommendations of the pardon advisory board, if any, and, if
	145	+	applicable, notice of the date of the prisoner's release on parole or the prisoner's
	146	+	pardon, conditional pardon, reprieve, commutation, or remission of fine. Notice must
	147	+	be given within a reasonable time after the parole board or the governor makes a
	148	+	decision but in any event before the parolee's or pardoned prisoner's release from
	149	+	custody.
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