25.0182.05000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Appropriations Committee
A BILL for an Act to provide an appropriation for defraying the expenses of the department of
corrections and rehabilitation; to provide a contingent appropriation; to create and enact a new
section to chapter 54-23.3 of the North Dakota Century Code, relating to a Native American
re-entry program; to provide for a report; to provide for a legislative management study; and to
provide an exemption.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. APPROPRIATION. The funds provided in this section, or so much of the funds
as may be necessary, are appropriated out of any moneys in the general fund in the state
treasury, not otherwise appropriated, and from other funds derived from special funds and
federal funds, to the department of corrections and rehabilitation for the purpose of defraying
the expenses of the department of corrections and rehabilitation, for the biennium beginning
July 1, 2025, and ending June 30, 2027, as follows:
Adjustments or
Base Level Enhancements Appropriation
Adult services $265,998,440 $185,051,662 $451,050,102
Youth services 26,853,221 10,924,715 37,777,936
New and vacant FTE pool 0 15,248,196 15,248,196
Total all funds $292,851,661 $211,224,573 $504,076,234
Less other funds 45,744,746 111,490,609 157,235,355
Total general fund $247,106,915 $99,733,964 $346,840,879
Full-time equivalent positions 929.79 42.00 971.79
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ENGROSSED SENATE BILL NO. 2015
FIRST ENGROSSMENT
with House Amendments
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SECTION 2. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO THE
SEVENTIETH LEGISLATIVE ASSEMBLY. The following amounts reflect the one-time funding
items included in the appropriation in section 1 of this Act which are not included in the entity's
base budget for the 2027-29 biennium and which the entity shall report to the appropriations
committees of the seventieth legislative assembly regarding the use of this funding:
One - Time Funding Description General Fund Other Funds Total
Heart River correctional center $36,742 $35,635,000 $35,671,742
Missouri River correctional center 121,136 8,032,757 8,153,893
temporary housing unit
Payments to county and regional jails28,930,210 0 28,930,210
Deferred maintenance and extraordinary 0 16,056,609 16,056,609
repairs
New FTE costs 40,000 0 40,000
James River correctional center study 0 750,000 750,000
Missouri River correctional center planning 0 20,000,000 20,000,000
and design
Software systems and technology 0 11,278,631 11,278,631
upgrades
Equipment 0 2,079,700 2,079,700
Victims of crime grants 0 7,000,000 7,000,000
Mental health assessments and services 0 550,000 550,000
Rough rider industries equipment and 0 13,722,181 13,722,181
supplies
Workforce training and education 0 1,027,500 1,027,500
James River correctional center 0 570,000 570,000
maintenance building demolition
Diversion and deflection center grant 0 5,000,000 5,000,000
Total $29,128,088 $121,702,378 $150,830,466
SECTION 3. NEW AND VACANT FTE POOL - LIMITATION - TRANSFER REQUEST. The
department of corrections and rehabilitation may not spend funds appropriated in the new and
vacant FTE pool line item in section 1 of this Act, but may request the office of management and
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budget to transfer funds from the new and vacant FTE pool line item to the adult services and
youth services line items in accordance with the guidelines and reporting provisions included in
House Bill No. 1015, as approved by the sixty-ninth legislative assembly.
SECTION 4. OTHER FUNDS - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND.
The other funds line item in section 1 of this Act includes the sum of $100,412,806 from the
strategic investment and improvements fund for one-time projects and programs as follows:
Heart River correctional center project $35,635,000
Missouri River correctional center temporary housing 8,032,757
Missouri River correctional center planning and design 20,000,000
James River correctional center facilities study 750,000
James River correctional center maintenance building demolition 570,000
Deferred maintenance and extraordinary repairs 16,056,609
Software and technology upgrades 11,278,631
Equipment 1,089,809
Victims of crime grants 7,000,000
Total $100,412,806
SECTION 5. CONTINGENT APPROPRIATION - STRATEGIC INVESTMENT AND
IMPROVEMENTS FUND - FEDERAL FUNDS - DEPARTMENT OF CORRECTIONS AND
REHABILITATION.
1.Subject to the provisions of this section, there is appropriated from the strategic
investment and improvements fund, not otherwise appropriated, the sum of $989,891,
or so much of the sum as may be necessary, to the department of corrections and
rehabilitation for the purpose of purchasing tasers, body cameras, and ballistic vests,
for the biennium beginning July 1, 2025, and ending June 30, 2027.
2.The funding appropriated in this section is contingent upon the department of
corrections and rehabilitation notifying the office of management and budget that the
department will not receive $989,891 from federal funds for the purchase of tasers,
body cameras, and ballistic vests during the biennium beginning July 1, 2025, and
ending June 30, 2027.
SECTION 6. OTHER FUNDS - COMMUNITY HEALTH TRUST FUND - DIVERSION AND
DEFLECTION CENTER GRANT - MATCHING FUNDS - EXEMPTION. The adult services line
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item in section 1 of this Act includes $5,000,000 from the community health trust fund for the
purpose of providing a grant for the establishment of a diversion and deflection center in the city
of Fargo, for the biennium beginning July 1, 2025, and ending June 30, 2027. A grant recipient
must provide two dollars of matching funds from nonstate sources for each dollar provided by
the department of corrections and rehabilitation. The requirements of chapter 54-44.4 do not
apply to the selection of a grant recipient, the grant award, or payments made under this
section. The entity awarded a grant under this section shall submit a project plan to the
department of corrections and rehabilitation and must receive final approval from the director of
the department before any state funds are distributed.
SECTION 7. DEPARTMENT OF CORRECTIONS AND REHABILITATION OPERATING
FUND REVENUES. Any moneys received by the department of corrections and rehabilitation
from correctional supervision, electronic monitoring, and detention; reimbursements from other
agencies; profits received from department of corrections and rehabilitation commissary;
miscellaneous revenue, including offender fines, fees, restitution, and medical copayments; and
from the youth correctional center permanent fund, may be deposited in the department of
corrections and rehabilitation operating fund and expended pursuant to legislative appropriation,
for the biennium beginning July 1, 2025, and ending June 30, 2027.
SECTION 8. 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; and
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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 9. MISSOURI RIVER CORRECTIONAL CENTER PLANNING AND DESIGN -
STEERING COMMITTEE - REPORT. The appropriation in the adult services line item in
section 1 of this Act includes $20,000,000 from the strategic investment and improvements fund
for planning and design for a new minimum security male correctional facility for the Missouri
River correctional center. The department of corrections and rehabilitation shall establish a
Missouri River correctional center steering committee to oversee the design and construction of
the new Missouri River correctional center facility, including other options, for the biennium
beginning July 1, 2025, and ending June 30, 2027. The committee must include one member of
the senate appointed by the senate majority leader, one member of the house appointed by the
house majority leader, and one member of the minority party from either the senate or the
house appointed by the minority leaders of the senate and the house. The department of
corrections and rehabilitation shall provide a quarterly report to the legislative management
regarding the planning and design of a new minimum security facility.
SECTION 10. LEGISLATIVE MANAGEMENT STUDY - SENTENCING, CORRECTIONS,
AND PAROLE OVERSIGHT. During the 2025-26 interim, the legislative management shall
study the sentencing, correctional, and parole systems within the state, with a focus on
improving transparency, consistency, and outcomes in the administration of justice. The study
must include a comprehensive review of:
1.Sentencing requirements and incarceration impacts, including an evaluation of the
potential impacts of requiring offenders sentenced to the custody of the department of
corrections and rehabilitation to serve eighty-five percent of their terms in secured
facilities. The study must include:
a.Cost analyses;
b.Consideration of recidivism trends;
c.Consideration of rehabilitation and re-entry opportunities; and
d.Input from:
(1)District court judges regarding sentencing decisions;
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(2)State's attorney and defense attorneys regarding charging practices, plea
negotiations, and trial resources;
(3)The department of corrections and rehabilitation regarding inmate
classification, housing, placement authority, and transitional services
including work or educational release; and
(4)The parole board regarding parole eligibility and release decisions.
2.The structure and function of the parole board, including chapter 12-59 and any rules
adopted by the parole board. The study must include:
a.Membership structure, appointment process, terms, quorum, and meeting
transparency;
b.Parole eligibility requirements and determinations;
c.Victim rights and notification systems; and
d.The role and input of the department of corrections and rehabilitation in
parole-related matters.
The legislative management shall report its findings and recommendations, together with any
legislation required to implement the recommendations, to the seventieth legislative assembly.
SECTION 11. EXEMPTION - UNEXPENDED APPROPRIATIONS. The following
appropriations are not subject to the provisions of section 54-44.1-11 and may be continued into
the biennium beginning July 1, 2025, and ending June 30, 2027:
1.Any amounts remaining from funds transferred to the department of corrections and
rehabilitation for deferred maintenance and extraordinary repairs from funding
appropriated from the strategic investment and improvements fund to the office of
management and budget in section 1 of chapter 640 of the 2023 Special Session
Session Laws.
2.Any amounts remaining from funds transferred to the department of corrections and
rehabilitation for deferred maintenance and extraordinary repairs from funding
appropriated from federal funds derived from the state fiscal recovery fund to the office
of management and budget in subsection 10 of section 1 of chapter 550 of the 2021
Special Session Session Laws and continued pursuant to section 9 of chapter 15 of
the 2023 Session Laws.
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3.The sum of $131,200,000 appropriated from the strategic investment and
improvements fund for the construction of a new Heart River correctional center in
section 1 of chapter 15 of the 2023 Session Laws.
4.The sum of $307,000 appropriated from the strategic investment and improvements
fund for DOCSTARS maintenance in section 1 of chapter 15 of the 2023 Session
Laws.
5.The sum of $2,000,000 appropriated from the strategic investment and improvements
fund for information technology needs in section 1 of chapter 15 of the 2023 Session
Laws.
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