North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1549 Compare Versions

OldNewDifferences
1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1549
4-(Representatives Klemin, Hanson, Stemen)
5-(Senators Larson, Davison)
6-AN ACT to create and enact a new section to chapter 12-44.1 and two new sections to chapter 54-23.3
7-of the North Dakota Century Code, relating to the correctional facility grant program, housing
8-task force, and criminal justice data collection; to amend and reenact section 12-47-31 of the
9-North Dakota Century Code, relating to offenders released from the department of corrections
10-and rehabilitation; to provide for a statement of legislative intent; to provide for a legislative
11-management study; and to provide for a legislative management report.
1+25.1314.04000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Representatives Klemin, Hanson, Stemen
7+Senators Larson, Davison
8+A BILL for an Act to create and enact a new section to chapter 12-44.1 and two new sections to
9+chapter 54-23.3 of the North Dakota Century Code, relating to the correctional facility grant
10+program, housing task force, and criminal justice data collection; to amend and reenact section
11+12-47-31 of the North Dakota Century Code, relating to offenders released from the department
12+of corrections and rehabilitation; to provide for a statement of legislative intent; to provide for a
13+legislative management study; and to provide for a legislative management report.
1214 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
13-SECTION 1. A new section to chapter 12-44.1 of the North Dakota Century Code is created and
14-enacted as follows:
15+SECTION 1. A new section to chapter 12-44.1 of the North Dakota Century Code is created
16+and enacted as follows:
1517 Correctional facility grant committee - Correctional facility grant program - Report.
16-1.The department of corrections and rehabilitation shall establish a correctional facility grant
17-committee consisting of two members appointed by the director of the department of
18-corrections and rehabilitation, two members appointed by the North Dakota association of
19-counties, the commissioner of recovery and re-entry, and the director of the behavioral health
20-division of the department of health and human services. The director of the department of
21-corrections and rehabilitation shall choose one member to serve as chairman. The committee
22-shall:
23-a.Establish criteria for the evaluation of existing re-entry programs, including educational
24-and counseling programs used by existing re-entry programs;
18+1.The department of corrections and rehabilitation shall establish a correctional facility
19+grant committee consisting of two members appointed by the director of the
20+department of corrections and rehabilitation, two members appointed by the North
21+Dakota association of counties, the commissioner of recovery and re-entry, and the
22+director of the behavioral health division of the department of health and human
23+services. The director of the department of corrections and rehabilitation shall choose
24+one member to serve as chairman. The committee shall:
25+a.Establish criteria for the evaluation of existing re-entry programs, including
26+educational and counseling programs used by existing re-entry programs;
2527 b.Establish criteria for the evaluation of grant applications;
2628 c.Establish policies for screening and implementing grants under this section;
2729 d.Establish criteria and policies for evaluating programs funded under this section;
30+Page No. 1 25.1314.04000
31+REENGROSSED HOUSE BILL NO. 1549
32+SECOND ENGROSSMENT
33+with Senate Amendments
34+1
35+2
36+3
37+4
38+5
39+6
40+7
41+8
42+9
43+10
44+11
45+12
46+13
47+14
48+15
49+16
50+17
51+18
52+19
53+20
54+21
55+22 Sixty-ninth
56+Legislative Assembly
2857 e.Establish criteria and policies necessary for the successful administration and
2958 management of the grant program;
3059 f.Administer grants to county, regional, or tribal correctional facilities; and
31-g.Provide annual reports to the department of corrections and rehabilitation regarding the
32-status of the correctional facility grant program.
33-2.The correctional facility grant committee shall administer a grant program to expand access to
34-evidence-based programming in county, regional, and tribal correctional facilities.
35-3.Grants awarded under this section must prioritize county, regional, or tribal correctional
36-facilities with no existing re-entry, educational, counseling, or other evidence-based programs.
37-Grants may be awarded to support access to culturally responsive treatment alternative
38-programs.
39-SECTION 2. AMENDMENT. Section 12-47-31 of the North Dakota Century Code is amended and
40-reenacted as follows: H. B. NO. 1549 - PAGE 2
60+g.Provide annual reports to the department of corrections and rehabilitation
61+regarding the status of the correctional facility grant program.
62+2.The correctional facility grant committee shall administer a grant program to expand
63+access to evidence-based programming in county, regional, and tribal correctional
64+facilities.
65+3.Grants awarded under this section must prioritize county, regional, or tribal
66+correctional facilities with no existing re-entry, educational, counseling, or other
67+evidence-based programs. Grants may be awarded to support access to culturally
68+responsive treatment alternative programs.
69+SECTION 2. AMENDMENT. Section 12-47-31 of the North Dakota Century Code is
70+amended and reenacted as follows:
4171 12-47-31. Discharge of offenders - Clothing - Transportation.
42-1.The department of corrections and rehabilitation, in coordination with the department of
43-transportation, shall facilitate a process for offenders applying for photo identification, including
44-a driver's license, nondriver identification card, temporary driver's license, or temporary
45-nondriver identification card.
46-2.The department of corrections and rehabilitation shall provide an offender released from the
47-department appropriate clothing and transportation to a reasonable point as specified in the
48-release plan, based upon need.
49-3.The department of corrections and rehabilitation, in cooperation with the department of health
50-and human services, shall connect all eligible offenders to Medicaid assistance or other health
51-and human services programs before the offender is released from the department.
52-SECTION 3. A new section to chapter 54-23.3 of the North Dakota Century Code is created and
53-enacted as follows:
72+1.The department of corrections and rehabilitation, in coordination with the department
73+of transportation, shall facilitate a process for offenders applying for photo
74+identification, including a driver's license, nondriver identification card, temporary
75+driver's license, or temporary nondriver identification card.
76+2.The department of corrections and rehabilitation shall provide an offender released
77+from the department appropriate clothing and transportation to a reasonable point as
78+specified in the release plan, based upon need.
79+3.The department of corrections and rehabilitation, in cooperation with the department of
80+health and human services, shall connect all eligible offenders to Medicaid assistance
81+or other health and human services programs before the offender is released from the
82+department.
83+SECTION 3. A new section to chapter 54-23.3 of the North Dakota Century Code is created
84+and enacted as follows:
5485 Housing task force - Report to legislative management.
55-1.The department of corrections and rehabilitation shall establish a task force on housing to
56-address barriers to accessing housing for probationers, parolees, and other individuals
57-released from the custody of the department. The housing task force must include
58-representation from the division of adult services, including parole and probation services, the
59-housing finance agency, the department of health and human services, and community
60-housing providers.
86+1.The department of corrections and rehabilitation shall establish a task force on
87+housing to address barriers to accessing housing for probationers, parolees, and other
88+Page No. 2 25.1314.04000
89+1
90+2
91+3
92+4
93+5
94+6
95+7
96+8
97+9
98+10
99+11
100+12
101+13
102+14
103+15
104+16
105+17
106+18
107+19
108+20
109+21
110+22
111+23
112+24
113+25
114+26
115+27
116+28
117+29
118+30
119+31 Sixty-ninth
120+Legislative Assembly
121+individuals released from the custody of the department. The housing task force must
122+include representation from the division of adult services, including parole and
123+probation services, the housing finance agency, the department of health and human
124+services, and community housing providers.
61125 2.The task force shall provide an annual report to the legislative management relating to:
62-a.The implementation of a housing assistance program to provide monetary assistance to
63-eligible probationers, parolees, and other individuals released from the custody of the
64-department of corrections and rehabilitation. The program may include expanding
65-eligibility requirements for housing assistance programs to include individuals released
66-from incarceration.
67-b.The implementation of a housing assistance program for eligible sexual offenders,
68-including the desirability and feasibility of using master leases to improve accessibility.
69-c.Procedures for improving awareness regarding available housing options and improving
70-coordination among housing providers, the department of health and human services,
71-and the department of corrections and rehabilitation.
72-d.The capacity of sober housing and low barrier housing for individuals released from the
73-custody of the department of corrections and rehabilitation.
74-SECTION 4. A new section to chapter 54-23.3 of the North Dakota Century Code is created and
75-enacted as follows:
126+a.The implementation of a housing assistance program to provide monetary
127+assistance to eligible probationers, parolees, and other individuals released from
128+the custody of the department of corrections and rehabilitation. The program may
129+include expanding eligibility requirements for housing assistance programs to
130+include individuals released from incarceration.
131+b.The implementation of a housing assistance program for eligible sexual
132+offenders, including the desirability and feasibility of using master leases to
133+improve accessibility.
134+c.Procedures for improving awareness regarding available housing options and
135+improving coordination among housing providers, the department of health and
136+human services, and the department of corrections and rehabilitation.
137+d.The capacity of sober housing and low barrier housing for individuals released
138+from the custody of the department of corrections and rehabilitation.
139+SECTION 4. A new section to chapter 54-23.3 of the North Dakota Century Code is created
140+and enacted as follows:
76141 Criminal justice data - Report to legislative management.
77-1.The department of corrections and rehabilitation, in cooperation with the behavioral health
78-division of the department of health and human services, representatives from each judicial
79-district, and representatives from the adult services division, including parole and probation
80-services and local or regional jails, shall examine criminal justice data, including data
81-collection, retention, and dissemination.
82-2.The department shall provide a report to the legislative management relating to procedures
83-for: H. B. NO. 1549 - PAGE 3
142+1.The department of corrections and rehabilitation, in cooperation with the behavioral
143+health division of the department of health and human services, representatives from
144+each judicial district, and representatives from the adult services division, including
145+parole and probation services and local or regional jails, shall examine criminal justice
146+data, including data collection, retention, and dissemination.
147+2.The department shall provide a report to the legislative management relating to
148+procedures for:
84149 a.Tracking uniform data points;
85150 b.Standardizing and automating criminal justice data collection, retention, and
86151 dissemination; and
87-c.Improving data connectivity between system partners, including a proposal to develop a
88-data sharing portal to alert the department of health and human services of changes to
89-the Medicaid status of offenders in custody with the department of corrections and
90-rehabilitation.
152+Page No. 3 25.1314.04000
153+1
154+2
155+3
156+4
157+5
158+6
159+7
160+8
161+9
162+10
163+11
164+12
165+13
166+14
167+15
168+16
169+17
170+18
171+19
172+20
173+21
174+22
175+23
176+24
177+25
178+26
179+27
180+28
181+29
182+30
183+31 Sixty-ninth
184+Legislative Assembly
185+c.Improving data connectivity between system partners, including a proposal to
186+develop a data sharing portal to alert the department of health and human
187+services of changes to the Medicaid status of offenders in custody with the
188+department of corrections and rehabilitation.
91189 SECTION 5. LEGISLATIVE INTENT - FEDERAL GRANTS. It is the intent of the sixty-ninth
92-legislative assembly that the department of corrections and rehabilitation apply for federal grants from
93-the United States department of justice to fund a temporary justice reinvestment coordinator position
94-and to support the general funds required for the implementation of re-entry programs.
95-SECTION 6. LEGISLATIVE MANAGEMENT STUDY - EXPANDING ACCESS TO CRIMINAL
96-RECORD SEALING. During the 2025-26 interim, the legislative management shall consider studying
97-expanding access to criminal record sealing. The study must include the automation of record sealing
98-for individuals eligible to file a petition to seal a criminal record under section 12-60.1-02, the expansion
99-of eligibility for record sealing, and the potential costs and benefits of creating processes for criminal
100-record expungement alongside, or in lieu of, avenues for criminal record sealing. The legislative
101-management shall report its findings and recommendations, together with any legislation necessary to
102-implement the recommendations, to the seventieth legislative assembly. H. B. NO. 1549 - PAGE 4
103-____________________________ ____________________________
104-Speaker of the House President of the Senate
105-____________________________ ____________________________
106-Chief Clerk of the House Secretary of the Senate
107-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
108-Assembly of North Dakota and is known on the records of that body as House Bill No. 1549.
109-House Vote: Yeas 62 Nays 29 Absent 3
110-Senate Vote:Yeas 43 Nays 3 Absent 1
111-____________________________
112-Chief Clerk of the House
113-Received by the Governor at ________M. on _____________________________________, 2025.
114-Approved at ________M. on __________________________________________________, 2025.
115-____________________________
116-Governor
117-Filed in this office this ___________day of _______________________________________, 2025,
118-at ________ o’clock ________M.
119-____________________________
120-Secretary of State
190+legislative assembly that the department of corrections and rehabilitation apply for federal
191+grants from the United States department of justice to fund a temporary justice reinvestment
192+coordinator position and to support the general funds required for the implementation of re-entry
193+programs.
194+SECTION 6. LEGISLATIVE MANAGEMENT STUDY - EXPANDING ACCESS TO
195+CRIMINAL RECORD SEALING. During the 2025-26 interim, the legislative management shall
196+consider studying expanding access to criminal record sealing. The study must include the
197+automation of record sealing for individuals eligible to file a petition to seal a criminal record
198+under chapter 12-60.1-02, the expansion of eligibility for record sealing, and the potential costs
199+and benefits of creating processes for criminal record expungement alongside, or in lieu of,
200+avenues for criminal record sealing. The legislative management shall report its findings and
201+recommendations, together with any legislation necessary to implement the recommendations,
202+to the seventieth legislative assembly.
203+Page No. 4 25.1314.04000
204+1
205+2
206+3
207+4
208+5
209+6
210+7
211+8
212+9
213+10
214+11
215+12
216+13
217+14
218+15
219+16
220+17
221+18