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North Dakota Senate Bill SB2015

North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2015 Compare Versions

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22 Sixty-ninth
33 Legislative Assembly
44 of North Dakota
55 Introduced by
66 Appropriations Committee
77 A BILL for an Act to provide an appropriation for defraying the expenses of the department of
8-corrections and rehabilitation; to provide a contingent appropriation; to create and enact a new
9-section to chapter 54-23.3 of the North Dakota Century Code, relating to a Native American
10-re-entry program; to provide for a report; to provide for a legislative management study; and to
11-provide an exemption.
8+corrections and rehabilitation; to provide for a report; to provide for a legislative management
9+study; and to provide an exemption.
1210 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
1311 SECTION 1. APPROPRIATION. The funds provided in this section, or so much of the funds
1412 as may be necessary, are appropriated out of any moneys in the general fund in the state
1513 treasury, not otherwise appropriated, and from other funds derived from special funds and
1614 federal funds, to the department of corrections and rehabilitation for the purpose of defraying
1715 the expenses of the department of corrections and rehabilitation, for the biennium beginning
1816 July 1, 2025, and ending June 30, 2027, as follows:
1917 Adjustments or
2018 Base Level Enhancements Appropriation
21-Adult services $265,998,440 $185,051,662 $451,050,102
22-Youth services 26,853,221 10,924,715 37,777,936
23-New and vacant FTE pool 0 15,248,196 15,248,196
24-Total all funds $292,851,661 $211,224,573 $504,076,234
25-Less other funds 45,744,746 111,490,609 157,235,355
26-Total general fund $247,106,915 $99,733,964 $346,840,879
27-Full-time equivalent positions 929.79 42.00 971.79
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19+Adult services $265,998,440 $161,089,699 $427,088,139
20+Youth services 26,853,221 9,480,420 36,333,641
21+New and vacant FTE pool 0 15,246,375 15,246,375
22+Total all funds $292,851,661 $185,816,494 $478,668,155
23+Less other funds 45,744,746 108,434,000 154,178,746
24+Total general fund $247,106,915 $77,382,494 $324,489,409
25+Full-time equivalent positions 929.79 51.00 980.79
26+SECTION 2. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO THE
27+SEVENTIETH LEGISLATIVE ASSEMBLY. The following amounts reflect the one-time funding
28+items included in the appropriation in section 1 of this Act which are not included in the entity's
29+Page No. 1 25.0182.03000
2930 ENGROSSED SENATE BILL NO. 2015
3031 FIRST ENGROSSMENT
31-with House Amendments
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54-SECTION 2. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO THE
55-SEVENTIETH LEGISLATIVE ASSEMBLY. The following amounts reflect the one-time funding
56-items included in the appropriation in section 1 of this Act which are not included in the entity's
5755 base budget for the 2027-29 biennium and which the entity shall report to the appropriations
5856 committees of the seventieth legislative assembly regarding the use of this funding:
5957 One - Time Funding Description General Fund Other Funds Total
6058 Heart River correctional center $36,742 $35,635,000 $35,671,742
6159 Missouri River correctional center 121,136 8,032,757 8,153,893
6260 temporary housing unit
63-Payments to county and regional jails28,930,210 0 28,930,210
64-Deferred maintenance and extraordinary 0 16,056,609 16,056,609
61+Payments to county and regional jails17,500,000 0 17,500,000
62+Deferred maintenance and extraordinary 0 15,000,000 15,000,000
6563 repairs
6664 New FTE costs 40,000 0 40,000
6765 James River correctional center study 0 750,000 750,000
6866 Missouri River correctional center planning 0 20,000,000 20,000,000
6967 and design
7068 Software systems and technology 0 11,278,631 11,278,631
7169 upgrades
7270 Equipment 0 2,079,700 2,079,700
7371 Victims of crime grants 0 7,000,000 7,000,000
7472 Mental health assessments and services 0 550,000 550,000
7573 Rough rider industries equipment and 0 13,722,181 13,722,181
7674 supplies
7775 Workforce training and education 0 1,027,500 1,027,500
7876 James River correctional center 0 570,000 570,000
7977 maintenance building demolition
80-Diversion and deflection center grant 0 5,000,000 5,000,000
81-Total $29,128,088 $121,702,378 $150,830,466
78+County and regional correctional centers 0 3,000,000 3,000,000
79+ contracted operations
80+Total $17,697,878 $118,645,769 $136,343,647
8281 SECTION 3. NEW AND VACANT FTE POOL - LIMITATION - TRANSFER REQUEST. The
8382 department of corrections and rehabilitation may not spend funds appropriated in the new and
8483 vacant FTE pool line item in section 1 of this Act, but may request the office of management and
85-Page No. 2 25.0182.05000
84+budget to transfer funds from the new and vacant FTE pool line item to the adult services and
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117+youth services line items in accordance with the guidelines and reporting provisions included in
118+House Bill No. 1015, as approved by the sixty-ninth legislative assembly.
119+SECTION 4. OTHER FUNDS - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND.
120+The other funds line item in section 1 of this Act includes the sum of $102,356,197 from the
121+strategic investment and improvements fund for one-time projects and programs as follows:
122+Heart River correctional center project $35,635,000
123+Missouri River correctional center temporary housing 8,032,757
124+Missouri River correctional center planning and design 20,000,000
125+James River correctional center facilities study 750,000
126+James River correctional center maintenance building demolition 570,000
127+County and regional correctional center contracted operations 3,000,000
128+Deferred maintenance and extraordinary repairs 15,000,000
129+Software and technology upgrades 11,278,631
130+Equipment 1,089,809
131+Victims of crime grants 7,000,000
132+Total $102,356,197
133+SECTION 5. DEPARTMENT OF CORRECTIONS AND REHABILITATION OPERATING
134+FUND REVENUES. Any moneys received by the department of corrections and rehabilitation
135+from correctional supervision, electronic monitoring, and detention; reimbursements from other
136+agencies; profits received from department of corrections and rehabilitation commissary;
137+miscellaneous revenue, including offender fines, fees, restitution, and medical copayments; and
138+from the youth correctional center permanent fund, may be deposited in the department of
139+corrections and rehabilitation operating fund and expended pursuant to legislative appropriation
140+for the biennium beginning July 1, 2025, and ending June 30, 2027.
141+SECTION 6. MISSOURI RIVER CORRECTIONAL CENTER PLANNING AND DESIGN -
142+REPORT. The appropriation in the adult services line item in section 1 of this Act includes
143+$20,000,000 from the strategic investment and improvements fund for planning and design for a
144+new six hundred bed minimum security male correctional facility for the Missouri River
145+correctional center. The department of corrections and rehabilitation shall provide a quarterly
146+report to the legislative management regarding the planning and design of a new minimum
147+security facility.
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118-budget to transfer funds from the new and vacant FTE pool line item to the adult services and
119-youth services line items in accordance with the guidelines and reporting provisions included in
120-House Bill No. 1015, as approved by the sixty-ninth legislative assembly.
121-SECTION 4. OTHER FUNDS - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND.
122-The other funds line item in section 1 of this Act includes the sum of $100,412,806 from the
123-strategic investment and improvements fund for one-time projects and programs as follows:
124-Heart River correctional center project $35,635,000
125-Missouri River correctional center temporary housing 8,032,757
126-Missouri River correctional center planning and design 20,000,000
127-James River correctional center facilities study 750,000
128-James River correctional center maintenance building demolition 570,000
129-Deferred maintenance and extraordinary repairs 16,056,609
130-Software and technology upgrades 11,278,631
131-Equipment 1,089,809
132-Victims of crime grants 7,000,000
133-Total $100,412,806
134-SECTION 5. CONTINGENT APPROPRIATION - STRATEGIC INVESTMENT AND
135-IMPROVEMENTS FUND - FEDERAL FUNDS - DEPARTMENT OF CORRECTIONS AND
136-REHABILITATION.
137-1.Subject to the provisions of this section, there is appropriated from the strategic
138-investment and improvements fund, not otherwise appropriated, the sum of $989,891,
139-or so much of the sum as may be necessary, to the department of corrections and
140-rehabilitation for the purpose of purchasing tasers, body cameras, and ballistic vests,
141-for the biennium beginning July 1, 2025, and ending June 30, 2027.
142-2.The funding appropriated in this section is contingent upon the department of
143-corrections and rehabilitation notifying the office of management and budget that the
144-department will not receive $989,891 from federal funds for the purchase of tasers,
145-body cameras, and ballistic vests during the biennium beginning July 1, 2025, and
146-ending June 30, 2027.
147-SECTION 6. OTHER FUNDS - COMMUNITY HEALTH TRUST FUND - DIVERSION AND
148-DEFLECTION CENTER GRANT - MATCHING FUNDS - EXEMPTION. The adult services line
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181+SECTION 7. LEGISLATIVE MANAGEMENT STUDY - DEPARTMENT OF CORRECTIONS
182+AND REHABILITATION. During the 2025-26 interim, the legislative management shall consider
183+studying the impacts of providing requirements for offenders sentenced to the supervision and
184+custody of the department of corrections and rehabilitation. The study must include a thorough
185+review of the impacts of requiring an offender to serve eighty-five percent of an offender's term
186+of imprisonment in a secured facility, together with input from district court judges regarding
187+sentencing decisions, state's attorneys regarding charging decisions, the department of
188+corrections and rehabilitation regarding early release and use of transitional facilities to provide
189+outside services to inmates, and the parole board regarding decisions to parole an inmate. The
190+legislative management shall report its findings and recommendations, together with any
191+legislation required to implement the recommendations, to the seventieth legislative assembly.
192+SECTION 8. EXEMPTION - UNEXPENDED APPROPRIATIONS. The following
193+appropriations are not subject to the provisions of section 54-44.1-11 and may be continued into
194+the biennium beginning July 1, 2025, and ending June 30, 2027:
195+1.Any amounts remaining from funds transferred to the department of corrections and
196+rehabilitation for deferred maintenance and extraordinary repairs from funding
197+appropriated from the strategic investment and improvements fund to the office of
198+management and budget in section 1 of chapter 640 of the 2023 Special Session
199+Session Laws.
200+2.Any amounts remaining from funds transferred to the department of corrections and
201+rehabilitation for deferred maintenance and extraordinary repairs from funding
202+appropriated from federal funds derived from the state fiscal recovery fund to the office
203+of management and budget in subsection 10 of section 1 of chapter 550 of the 2021
204+Special Session Session Laws and continued pursuant to section 9 of chapter 15 of
205+the 2023 Session Laws.
206+3.The sum of $131,200,000 appropriated from the strategic investment and
207+improvements fund for the construction of a new Heart River correctional center in
208+section 1 of chapter 15 of the 2023 Session Laws.
209+4.The sum of $307,000 appropriated from the strategic investment and improvements
210+fund for DOCSTARS maintenance in section 1 of chapter 15 of the 2023 Session
211+Laws.
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182-item in section 1 of this Act includes $5,000,000 from the community health trust fund for the
183-purpose of providing a grant for the establishment of a diversion and deflection center in the city
184-of Fargo, for the biennium beginning July 1, 2025, and ending June 30, 2027. A grant recipient
185-must provide two dollars of matching funds from nonstate sources for each dollar provided by
186-the department of corrections and rehabilitation. The requirements of chapter 54-44.4 do not
187-apply to the selection of a grant recipient, the grant award, or payments made under this
188-section. The entity awarded a grant under this section shall submit a project plan to the
189-department of corrections and rehabilitation and must receive final approval from the director of
190-the department before any state funds are distributed.
191-SECTION 7. DEPARTMENT OF CORRECTIONS AND REHABILITATION OPERATING
192-FUND REVENUES. Any moneys received by the department of corrections and rehabilitation
193-from correctional supervision, electronic monitoring, and detention; reimbursements from other
194-agencies; profits received from department of corrections and rehabilitation commissary;
195-miscellaneous revenue, including offender fines, fees, restitution, and medical copayments; and
196-from the youth correctional center permanent fund, may be deposited in the department of
197-corrections and rehabilitation operating fund and expended pursuant to legislative appropriation,
198-for the biennium beginning July 1, 2025, and ending June 30, 2027.
199-SECTION 8. A new section to chapter 54-23.3 of the North Dakota Century Code is created
200-and enacted as follows:
201-Native American re-entry program - Report to legislative management.
202-1.The department of corrections and rehabilitation, in cooperation with representatives
203-from each federally recognized American Indian tribe in the state, and the Indian
204-affairs commission, shall establish and administer a re-entry program to provide
205-re - entry services and support tailored to the needs of Native Americans.
206-2.The Native American re-entry program shall:
207-a.Assess the needs of Native American adult offenders with the goal of reducing
208-recidivism;
209-b.Identify culturally responsive training opportunities and provide training to
210-department staff;
211-c.Designate a Native American liaison to operate within the department regarding
212-parole and probation services for adult offenders; and
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245+5.The sum of $2,000,000 appropriated from the strategic investment and improvements
246+fund for information technology needs in section 1 of chapter 15 of the 2023 Session
247+Laws.
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246-d.Develop oversight and evaluation processes, including outcome-based metrics
247-related to recidivism reduction.
248-3.The department of correction and rehabilitation shall provide an annual report to the
249-legislative management regarding the status of the Native American re-entry program.
250-SECTION 9. MISSOURI RIVER CORRECTIONAL CENTER PLANNING AND DESIGN -
251-STEERING COMMITTEE - REPORT. The appropriation in the adult services line item in
252-section 1 of this Act includes $20,000,000 from the strategic investment and improvements fund
253-for planning and design for a new minimum security male correctional facility for the Missouri
254-River correctional center. The department of corrections and rehabilitation shall establish a
255-Missouri River correctional center steering committee to oversee the design and construction of
256-the new Missouri River correctional center facility, including other options, for the biennium
257-beginning July 1, 2025, and ending June 30, 2027. The committee must include one member of
258-the senate appointed by the senate majority leader, one member of the house appointed by the
259-house majority leader, and one member of the minority party from either the senate or the
260-house appointed by the minority leaders of the senate and the house. The department of
261-corrections and rehabilitation shall provide a quarterly report to the legislative management
262-regarding the planning and design of a new minimum security facility.
263-SECTION 10. LEGISLATIVE MANAGEMENT STUDY - SENTENCING, CORRECTIONS,
264-AND PAROLE OVERSIGHT. During the 2025-26 interim, the legislative management shall
265-study the sentencing, correctional, and parole systems within the state, with a focus on
266-improving transparency, consistency, and outcomes in the administration of justice. The study
267-must include a comprehensive review of:
268-1.Sentencing requirements and incarceration impacts, including an evaluation of the
269-potential impacts of requiring offenders sentenced to the custody of the department of
270-corrections and rehabilitation to serve eighty-five percent of their terms in secured
271-facilities. The study must include:
272-a.Cost analyses;
273-b.Consideration of recidivism trends;
274-c.Consideration of rehabilitation and re-entry opportunities; and
275-d.Input from:
276-(1)District court judges regarding sentencing decisions;
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310-(2)State's attorney and defense attorneys regarding charging practices, plea
311-negotiations, and trial resources;
312-(3)The department of corrections and rehabilitation regarding inmate
313-classification, housing, placement authority, and transitional services
314-including work or educational release; and
315-(4)The parole board regarding parole eligibility and release decisions.
316-2.The structure and function of the parole board, including chapter 12-59 and any rules
317-adopted by the parole board. The study must include:
318-a.Membership structure, appointment process, terms, quorum, and meeting
319-transparency;
320-b.Parole eligibility requirements and determinations;
321-c.Victim rights and notification systems; and
322-d.The role and input of the department of corrections and rehabilitation in
323-parole-related matters.
324-The legislative management shall report its findings and recommendations, together with any
325-legislation required to implement the recommendations, to the seventieth legislative assembly.
326-SECTION 11. EXEMPTION - UNEXPENDED APPROPRIATIONS. The following
327-appropriations are not subject to the provisions of section 54-44.1-11 and may be continued into
328-the biennium beginning July 1, 2025, and ending June 30, 2027:
329-1.Any amounts remaining from funds transferred to the department of corrections and
330-rehabilitation for deferred maintenance and extraordinary repairs from funding
331-appropriated from the strategic investment and improvements fund to the office of
332-management and budget in section 1 of chapter 640 of the 2023 Special Session
333-Session Laws.
334-2.Any amounts remaining from funds transferred to the department of corrections and
335-rehabilitation for deferred maintenance and extraordinary repairs from funding
336-appropriated from federal funds derived from the state fiscal recovery fund to the office
337-of management and budget in subsection 10 of section 1 of chapter 550 of the 2021
338-Special Session Session Laws and continued pursuant to section 9 of chapter 15 of
339-the 2023 Session Laws.
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372-3.The sum of $131,200,000 appropriated from the strategic investment and
373-improvements fund for the construction of a new Heart River correctional center in
374-section 1 of chapter 15 of the 2023 Session Laws.
375-4.The sum of $307,000 appropriated from the strategic investment and improvements
376-fund for DOCSTARS maintenance in section 1 of chapter 15 of the 2023 Session
377-Laws.
378-5.The sum of $2,000,000 appropriated from the strategic investment and improvements
379-fund for information technology needs in section 1 of chapter 15 of the 2023 Session
380-Laws.
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