25.1314.01002
Title.02000
Adopted by the Judiciary Committee
Sixty-ninth
February 10, 2025
Legislative Assembly
of North Dakota
Introduced by
Representatives Klemin, Hanson, Stemen
Senators Larson, Davison
A BILL for an Act to create and enact a new section to chapter 12-44.1, a new section to chapter
27-02, and three new sections to chapter 54-23.3 of the North Dakota Century Code, relating to
the correctional facility grant program, Native American re-entry program, housing task force,
and criminal justice data collection; to amend and reenact section 12-47-31 of the North Dakota
Century Code, relating to offenders released from the department of corrections and
rehabilitation; to provide for a statement of legislative intent; to provide for a legislative
management study; and to provide an appropriation.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 12-44.1 of the North Dakota Century Code is created
and enacted as follows:
Correctional facility grant committee - Correctional facility grant program - Report.
1.The department of corrections and rehabilitation shall establish a correctional facility
grant committee consisting of two members appointed by the director of the
department of corrections and rehabilitation, two members appointed by the North
Dakota association of counties, and the director of the behavioral health division of the
department of health and human services. The director of the department of
corrections and rehabilitation shall choose one member to serve as chairman. The
committee shall:
a.Establish criteria for the evaluation of existing re-entry programs, including
educational and counseling programs used by existing re-entry programs;
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HOUSE BILL NO. 1549
PROPOSED AMENDMENTS TO
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b.Establish criteria for the evaluation of grant applications;
c.Establish policies for screening and implementing grants under this section;
d.Establish criteria and policies for evaluating programs funded under this section;
e.Establish criteria and policies necessary for the successful administration and
management of the grant program;
f.Administer grants to county , regional, or tribal correctional facilities; and
g.Provide annual reports to the department of corrections and rehabilitation
regarding the status of the correctional facility grant program.
2.The correctional facility grant committee shall administer a grant program to expand
access to evidence-based programming in county , regional, and tribal correctional
facilities.
3.Grants awarded under this section must prioritize county , regional, or tribal
correctional facilities with no existing re-entry, educational, counseling, or other
evidence-based programs. Grants may be awarded to support access to culturally
responsive treatment alternative programs.
SECTION 2. AMENDMENT. Section 12-47-31 of the North Dakota Century Code is
amended and reenacted as follows:
12-47-31. Discharge of offenders - Clothing - Transportation.
1.The department of corrections and rehabilitation, in coordination with the department
of transportation, shall facilitate a process for offenders applying for photo
identification, including a driver's license, nondriver identification card, temporary
driver's license, or temporary nondriver identification card.
2.The department of corrections and rehabilitation shall provide an offender released
from the department appropriate clothing and transportation to a reasonable point as
specified in the release plan, based upon need.
3.The department of corrections and rehabilitation, in cooperation with the department of
health and human services, shall connect all eligible offenders to Medicaid assistance
or other health and human services programs before the offender is released from the
department.
SECTION 3. A new section to chapter 27-02 of the North Dakota Century Code is created
and enacted as follows:
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Supreme court mitigation of racial disparity - Report to legislative management.
The supreme court shall provide an annual report to the legislative management regarding
efforts to mitigate racial disparities in the state court system identified by the minority justice
implementation committee, and implemented by the supreme court.
SECTION 3. A new section to chapter 54-23.3 of the North Dakota Century Code is created
and enacted as follows:
Native American re-entry program - Report to legislative management.
1.The department of corrections and rehabilitation, in cooperation with representatives
from each federally recognized American Indian tribe in the state, and the Indian
affairs commission, shall establish and administer a re-entry program to provide
re - entry services and support tailored to the needs of Native Americans.
2.The Native American re-entry program shall:
a.Assess the needs of Native American adult offenders with the goal of reducing
recidivism;
b.Identify culturally responsive training opportunities and provide training to
department staff;
c.Designate a Native American liaison to operate within the department regarding
parole and probation services for adult offenders;
d.Develop oversight and evaluation processes, including outcome-based metrics
related to recidivism reduction.
3.The department of correction and rehabilitation shall provide an annual report to the
legislative management regarding the status of the Native American re-entry program.
SECTION 4. A new section to chapter 54-23.3 of the North Dakota Century Code is created
and enacted as follows:
Housing task force - Report to legislative management
1.The department of corrections and rehabilitation shall establish a task force on
housing to address barriers to accessing housing for probationers, parolees, and other
individuals released from the custody of the department. The housing task force must
include representation from the division of adult services, including parole and
probation services, the housing finance agency, the department of health and human
services, and community housing providers.
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2.The task force shall provide an annual report to the legislative management relating to:
a.The implementation of a housing assistance program to provide monetary
assistance to eligible probationers, parolees, and other individuals released from
the custody of the department of corrections and rehabilitation. The program may
include expanding eligibility requirements for housing assistance programs to
include individuals released from incarceration.
b.The implementation of a housing assistance program for eligible sexual
offenders, including the desirability and feasibility of using master leases to
improve accessibility.
c.Procedures for improving awareness regarding available housing options and
improving coordination among housing providers, the department of health and
human services, and the department of corrections and rehabilitation.
d.The capacity of sober housing and low barrier housing for individuals released
from the custody of the department of corrections and rehabilitation.
SECTION 5. A new section to chapter 54-23.3 of the North Dakota Century Code is created
and enacted as follows:
Criminal justice data - Report to legislative management.
1.The department of corrections and rehabilitation, in cooperation with the behavioral
health division of the department of health and human services, representatives from
each judicial district, and representatives from the adult services division, including
parole and probation services and local or regional jails, shall examine criminal justice
data, including data collection, retention, and dissemination.
2.The department shall provide a report to the legislative management relating to
procedures for:
a.Tracking uniform data points;
b.Standardizing and automating criminal justice data collection, retention, and
dissemination; and
c.Improving data connectivity between system partners, including a proposal to
develop a data sharing portal to alert the department of health and human
services of changes to the Medicaid status of offenders in custody with the
department of corrections and rehabilitation.
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SECTION 6. LEGISLATIVE INTENT - FEDERAL GRANTS. It is the intent of the sixty-ninth
legislative assembly that the department of corrections and rehabilitation apply for federal
grants from the United States department of justice to fund a temporary justice reinvestment
coordinator position and to support the general funds required for the implementation of re-entry
programs.
SECTION 7. LEGISLATIVE MANAGEMENT STUDY - EXPANDING ACCESS TO
CRIMINAL RECORD SEALING. During the 2025-26 interim, the legislative management shall
consider studying expanding access to criminal record sealing. The study must include the
automation of record sealing for individuals eligible to file a petition to seal a criminal record
under chapter 12-60.1-02, the expansion of eligibility for record sealing, and the potential costs
and benefits of creating processes for criminal record expungement alongside, or in lieu of,
avenues for criminal record sealing. The legislative management shall report its findings and
recommendations, together with any legislation necessary to implement the recommendations,
to the seventieth legislative assembly.
SECTION 8. APPROPRIATION - DEPARTMENT OF CORRECTIONS AND
REHABILITATION - CORRECTIONAL FACILITY PROGRAM GRANTS - ONE -TIME
FUNDING. There is appropriated out of any moneys in the general fund in the state treasury,
not otherwise appropriated, the sum of $1,500,000, or so much of the sum as may be
necessary, to the department of corrections and rehabilitation for the purpose of administering
correctional facility program grants, for the biennium beginning July 1, 2025, and ending
June 30, 2027.
SECTION 9. APPROPRIATION - DEPARTMENT OF CORRECTIONS AND
REHABILITATION - NATIVE AMERICAN RE-ENTRY PROGRAM. There is appropriated out of
any moneys in the general fund in the state treasury, not otherwise appropriated, the sum of
$25,000, or so much of the sum as may be necessary, to the department of corrections and
rehabilitation for the purpose of facilitating the Native American re-entry program, including
programming, travel, and operating expenses, for the biennium beginning July 1, 2025, and
ending June 30, 2027. The department of corrections and rehabilitation shall apply for federal
grants from the United States department of justice to fund a temporary justice reinvestment
coordinator position and to support the general funds required for the implementation of re-entry
programs.
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