1 | | - | Sixty-ninth Legislative Assembly of North Dakota |
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2 | | - | In Regular Session Commencing Tuesday, January 7, 2025 |
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3 | | - | HOUSE BILL NO. 1549 |
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4 | | - | (Representatives Klemin, Hanson, Stemen) |
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5 | | - | (Senators Larson, Davison) |
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6 | | - | AN ACT to create and enact a new section to chapter 12-44.1 and two new sections to chapter 54-23.3 |
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7 | | - | of the North Dakota Century Code, relating to the correctional facility grant program, housing |
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8 | | - | task force, and criminal justice data collection; to amend and reenact section 12-47-31 of the |
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9 | | - | North Dakota Century Code, relating to offenders released from the department of corrections |
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10 | | - | and rehabilitation; to provide for a statement of legislative intent; to provide for a legislative |
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11 | | - | management study; and to provide for a legislative management report. |
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| 1 | + | 25.1314.04000 |
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| 2 | + | Sixty-ninth |
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| 3 | + | Legislative Assembly |
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| 4 | + | of North Dakota |
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| 5 | + | Introduced by |
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| 6 | + | Representatives Klemin, Hanson, Stemen |
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| 7 | + | Senators Larson, Davison |
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| 8 | + | A BILL for an Act to create and enact a new section to chapter 12-44.1 and two new sections to |
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| 9 | + | chapter 54-23.3 of the North Dakota Century Code, relating to the correctional facility grant |
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| 10 | + | program, housing task force, and criminal justice data collection; to amend and reenact section |
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| 11 | + | 12-47-31 of the North Dakota Century Code, relating to offenders released from the department |
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| 12 | + | of corrections and rehabilitation; to provide for a statement of legislative intent; to provide for a |
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| 13 | + | legislative management study; and to provide for a legislative management report. |
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16 | | - | 1.The department of corrections and rehabilitation shall establish a correctional facility grant |
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17 | | - | committee consisting of two members appointed by the director of the department of |
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18 | | - | corrections and rehabilitation, two members appointed by the North Dakota association of |
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19 | | - | counties, the commissioner of recovery and re-entry, and the director of the behavioral health |
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20 | | - | division of the department of health and human services. The director of the department of |
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21 | | - | corrections and rehabilitation shall choose one member to serve as chairman. The committee |
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22 | | - | shall: |
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23 | | - | a.Establish criteria for the evaluation of existing re-entry programs, including educational |
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24 | | - | and counseling programs used by existing re-entry programs; |
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| 18 | + | 1.The department of corrections and rehabilitation shall establish a correctional facility |
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| 19 | + | grant committee consisting of two members appointed by the director of the |
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| 20 | + | department of corrections and rehabilitation, two members appointed by the North |
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| 21 | + | Dakota association of counties, the commissioner of recovery and re-entry, and the |
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| 22 | + | director of the behavioral health division of the department of health and human |
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| 23 | + | services. The director of the department of corrections and rehabilitation shall choose |
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| 24 | + | one member to serve as chairman. The committee shall: |
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| 25 | + | a.Establish criteria for the evaluation of existing re-entry programs, including |
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| 26 | + | educational and counseling programs used by existing re-entry programs; |
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31 | | - | g.Provide annual reports to the department of corrections and rehabilitation regarding the |
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32 | | - | status of the correctional facility grant program. |
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33 | | - | 2.The correctional facility grant committee shall administer a grant program to expand access to |
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34 | | - | evidence-based programming in county, regional, and tribal correctional facilities. |
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35 | | - | 3.Grants awarded under this section must prioritize county, regional, or tribal correctional |
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36 | | - | facilities with no existing re-entry, educational, counseling, or other evidence-based programs. |
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37 | | - | Grants may be awarded to support access to culturally responsive treatment alternative |
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38 | | - | programs. |
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39 | | - | SECTION 2. AMENDMENT. Section 12-47-31 of the North Dakota Century Code is amended and |
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40 | | - | reenacted as follows: H. B. NO. 1549 - PAGE 2 |
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| 60 | + | g.Provide annual reports to the department of corrections and rehabilitation |
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| 61 | + | regarding the status of the correctional facility grant program. |
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| 62 | + | 2.The correctional facility grant committee shall administer a grant program to expand |
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| 63 | + | access to evidence-based programming in county, regional, and tribal correctional |
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| 64 | + | facilities. |
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| 65 | + | 3.Grants awarded under this section must prioritize county, regional, or tribal |
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| 66 | + | correctional facilities with no existing re-entry, educational, counseling, or other |
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| 67 | + | evidence-based programs. Grants may be awarded to support access to culturally |
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| 68 | + | responsive treatment alternative programs. |
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| 69 | + | SECTION 2. AMENDMENT. Section 12-47-31 of the North Dakota Century Code is |
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| 70 | + | amended and reenacted as follows: |
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42 | | - | 1.The department of corrections and rehabilitation, in coordination with the department of |
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43 | | - | transportation, shall facilitate a process for offenders applying for photo identification, including |
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44 | | - | a driver's license, nondriver identification card, temporary driver's license, or temporary |
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45 | | - | nondriver identification card. |
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46 | | - | 2.The department of corrections and rehabilitation shall provide an offender released from the |
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47 | | - | department appropriate clothing and transportation to a reasonable point as specified in the |
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48 | | - | release plan, based upon need. |
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49 | | - | 3.The department of corrections and rehabilitation, in cooperation with the department of health |
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50 | | - | and human services, shall connect all eligible offenders to Medicaid assistance or other health |
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51 | | - | and human services programs before the offender is released from the department. |
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52 | | - | SECTION 3. A new section to chapter 54-23.3 of the North Dakota Century Code is created and |
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53 | | - | enacted as follows: |
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| 72 | + | 1.The department of corrections and rehabilitation, in coordination with the department |
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| 73 | + | of transportation, shall facilitate a process for offenders applying for photo |
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| 74 | + | identification, including a driver's license, nondriver identification card, temporary |
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| 75 | + | driver's license, or temporary nondriver identification card. |
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| 76 | + | 2.The department of corrections and rehabilitation shall provide an offender released |
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| 77 | + | from the department appropriate clothing and transportation to a reasonable point as |
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| 78 | + | specified in the release plan, based upon need. |
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| 79 | + | 3.The department of corrections and rehabilitation, in cooperation with the department of |
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| 80 | + | health and human services, shall connect all eligible offenders to Medicaid assistance |
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| 81 | + | or other health and human services programs before the offender is released from the |
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| 82 | + | department. |
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| 83 | + | SECTION 3. A new section to chapter 54-23.3 of the North Dakota Century Code is created |
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| 84 | + | and enacted as follows: |
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55 | | - | 1.The department of corrections and rehabilitation shall establish a task force on housing to |
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56 | | - | address barriers to accessing housing for probationers, parolees, and other individuals |
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57 | | - | released from the custody of the department. The housing task force must include |
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58 | | - | representation from the division of adult services, including parole and probation services, the |
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59 | | - | housing finance agency, the department of health and human services, and community |
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60 | | - | housing providers. |
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| 86 | + | 1.The department of corrections and rehabilitation shall establish a task force on |
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| 87 | + | housing to address barriers to accessing housing for probationers, parolees, and other |
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| 88 | + | Page No. 2 25.1314.04000 |
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| 119 | + | 31 Sixty-ninth |
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| 120 | + | Legislative Assembly |
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| 121 | + | individuals released from the custody of the department. The housing task force must |
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| 122 | + | include representation from the division of adult services, including parole and |
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| 123 | + | probation services, the housing finance agency, the department of health and human |
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| 124 | + | services, and community housing providers. |
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62 | | - | a.The implementation of a housing assistance program to provide monetary assistance to |
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63 | | - | eligible probationers, parolees, and other individuals released from the custody of the |
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64 | | - | department of corrections and rehabilitation. The program may include expanding |
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65 | | - | eligibility requirements for housing assistance programs to include individuals released |
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66 | | - | from incarceration. |
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67 | | - | b.The implementation of a housing assistance program for eligible sexual offenders, |
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68 | | - | including the desirability and feasibility of using master leases to improve accessibility. |
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69 | | - | c.Procedures for improving awareness regarding available housing options and improving |
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70 | | - | coordination among housing providers, the department of health and human services, |
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71 | | - | and the department of corrections and rehabilitation. |
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72 | | - | d.The capacity of sober housing and low barrier housing for individuals released from the |
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73 | | - | custody of the department of corrections and rehabilitation. |
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74 | | - | SECTION 4. A new section to chapter 54-23.3 of the North Dakota Century Code is created and |
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75 | | - | enacted as follows: |
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| 126 | + | a.The implementation of a housing assistance program to provide monetary |
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| 127 | + | assistance to eligible probationers, parolees, and other individuals released from |
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| 128 | + | the custody of the department of corrections and rehabilitation. The program may |
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| 129 | + | include expanding eligibility requirements for housing assistance programs to |
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| 130 | + | include individuals released from incarceration. |
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| 131 | + | b.The implementation of a housing assistance program for eligible sexual |
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| 132 | + | offenders, including the desirability and feasibility of using master leases to |
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| 133 | + | improve accessibility. |
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| 134 | + | c.Procedures for improving awareness regarding available housing options and |
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| 135 | + | improving coordination among housing providers, the department of health and |
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| 136 | + | human services, and the department of corrections and rehabilitation. |
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| 137 | + | d.The capacity of sober housing and low barrier housing for individuals released |
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| 138 | + | from the custody of the department of corrections and rehabilitation. |
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| 139 | + | SECTION 4. A new section to chapter 54-23.3 of the North Dakota Century Code is created |
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| 140 | + | and enacted as follows: |
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77 | | - | 1.The department of corrections and rehabilitation, in cooperation with the behavioral health |
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78 | | - | division of the department of health and human services, representatives from each judicial |
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79 | | - | district, and representatives from the adult services division, including parole and probation |
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80 | | - | services and local or regional jails, shall examine criminal justice data, including data |
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81 | | - | collection, retention, and dissemination. |
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82 | | - | 2.The department shall provide a report to the legislative management relating to procedures |
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83 | | - | for: H. B. NO. 1549 - PAGE 3 |
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| 142 | + | 1.The department of corrections and rehabilitation, in cooperation with the behavioral |
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| 143 | + | health division of the department of health and human services, representatives from |
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| 144 | + | each judicial district, and representatives from the adult services division, including |
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| 145 | + | parole and probation services and local or regional jails, shall examine criminal justice |
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| 146 | + | data, including data collection, retention, and dissemination. |
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| 147 | + | 2.The department shall provide a report to the legislative management relating to |
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| 148 | + | procedures for: |
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92 | | - | legislative assembly that the department of corrections and rehabilitation apply for federal grants from |
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93 | | - | the United States department of justice to fund a temporary justice reinvestment coordinator position |
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94 | | - | and to support the general funds required for the implementation of re-entry programs. |
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95 | | - | SECTION 6. LEGISLATIVE MANAGEMENT STUDY - EXPANDING ACCESS TO CRIMINAL |
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96 | | - | RECORD SEALING. During the 2025-26 interim, the legislative management shall consider studying |
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97 | | - | expanding access to criminal record sealing. The study must include the automation of record sealing |
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98 | | - | for individuals eligible to file a petition to seal a criminal record under section 12-60.1-02, the expansion |
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99 | | - | of eligibility for record sealing, and the potential costs and benefits of creating processes for criminal |
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100 | | - | record expungement alongside, or in lieu of, avenues for criminal record sealing. The legislative |
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101 | | - | management shall report its findings and recommendations, together with any legislation necessary to |
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102 | | - | implement the recommendations, to the seventieth legislative assembly. H. B. NO. 1549 - PAGE 4 |
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103 | | - | ____________________________ ____________________________ |
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104 | | - | Speaker of the House President of the Senate |
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105 | | - | ____________________________ ____________________________ |
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106 | | - | Chief Clerk of the House Secretary of the Senate |
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107 | | - | This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative |
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108 | | - | Assembly of North Dakota and is known on the records of that body as House Bill No. 1549. |
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109 | | - | House Vote: Yeas 62 Nays 29 Absent 3 |
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110 | | - | Senate Vote:Yeas 43 Nays 3 Absent 1 |
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111 | | - | ____________________________ |
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112 | | - | Chief Clerk of the House |
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113 | | - | Received by the Governor at ________M. on _____________________________________, 2025. |
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114 | | - | Approved at ________M. on __________________________________________________, 2025. |
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115 | | - | ____________________________ |
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116 | | - | Governor |
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117 | | - | Filed in this office this ___________day of _______________________________________, 2025, |
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118 | | - | at ________ o’clock ________M. |
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119 | | - | ____________________________ |
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120 | | - | Secretary of State |
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| 190 | + | legislative assembly that the department of corrections and rehabilitation apply for federal |
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| 191 | + | grants from the United States department of justice to fund a temporary justice reinvestment |
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| 192 | + | coordinator position and to support the general funds required for the implementation of re-entry |
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| 193 | + | programs. |
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| 194 | + | SECTION 6. LEGISLATIVE MANAGEMENT STUDY - EXPANDING ACCESS TO |
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| 195 | + | CRIMINAL RECORD SEALING. During the 2025-26 interim, the legislative management shall |
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| 196 | + | consider studying expanding access to criminal record sealing. The study must include the |
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| 197 | + | automation of record sealing for individuals eligible to file a petition to seal a criminal record |
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| 198 | + | under chapter 12-60.1-02, the expansion of eligibility for record sealing, and the potential costs |
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| 199 | + | and benefits of creating processes for criminal record expungement alongside, or in lieu of, |
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| 200 | + | avenues for criminal record sealing. The legislative management shall report its findings and |
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| 201 | + | recommendations, together with any legislation necessary to implement the recommendations, |
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| 202 | + | to the seventieth legislative assembly. |
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