North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2128 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	25.8109.~~05000~~
	1	+	25.8109.04000
2	2		Sixty-ninth
3	3		Legislative Assembly
4	4		of North Dakota
5	5		Introduced by
6	6		Judiciary Committee
7	7		(At the request of the Attorney General)
8		-	A BILL for an Act to amend and reenact sections 12-44.1-01, 12-47-18.1, 12-48.1-01,
9		-	12-48.1-02, 12-54.1-01, 12-54.1-03, 12.1-08-02, 12.1-17-01, 12.1-32-02.1, 12.1-32-09.1, and
10		-	39-10-71 of the North Dakota Century Code, relating to transparent sentencing of criminal
11		-	offenders, transfer of persons between correctional facilities, work release eligibility and
12		-	conditions for criminal offenders, sentences for assaulting and fleeing from law enforcement
13		-	officers, and sentences for preventing arrest; to provide a legislative management report; to
14		-	provide a penalty; and to provide for application.
	8	+	A BILL for an Act to create and enact a new section to chapter 12-67 of the North Dakota
	9	+	Century Code, relating to tampering or destroying an approved electronic monitoring device; to
	10	+	amend and reenact sections 12-44.1-01, 12-47-18.1, 12-48.1-01, 12-48.1-02, 12-54.1-01,
	11	+	12-54.1-03, 12.1-08-02, 12.1-08-06, 12.1-08-07, 12.1-08-08, 12.1-08-09, 12.1-17-01,
	12	+	12.1-32-02.1, 12.1-32-09.1, and 39-10-71 of the North Dakota Century Code, relating to
	13	+	transparent sentencing of criminal offenders, transfer of persons between correctional facilities,
	14	+	work release eligibility and conditions for criminal offenders, sentences for assaulting and
	15	+	fleeing from law enforcement officers, sentences for escape, and sentences for preventing
	16	+	arrest; to provide a legislative management study; to provide for a legislative management
	17	+	report; to provide a penalty; to provide an appropriation; and to provide for application.
15	18		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
16	19		SECTION 1. AMENDMENT. Section 12-44.1-01 of the North Dakota Century Code is
17	20		amended and reenacted as follows:
18	21		12-44.1-01. Definitions.
19	22		As used in this chapter:
20	23		1."Administrator" means the sheriff, chief of police, administrator, superintendent,
21	24		director, or other individual serving as the chief executive officer of a correctional
22	25		facility.
23	26		2."Adult lockup" means a secure temporary-hold nonresidential facility that does not
24	27		hold individuals overnight and includes a facility with cuffing rails or cuffing benches.
25	28		3."Correctional facility" means a city or county jail or detention center, regional
26	29		corrections center, or juvenile detention center for the detention or confinement of
27		-	persons in accordance with law. The use of the term does not imply and may not be
28		-	used to require the provision of services including treatment, counseling, career and
29		-	technical education, or other educational services, except as may otherwise be
30		-	Page No. 1 25.8109.05000
	30	+	Page No. 1 25.8109.04000
31	31		REENGROSSED SENATE BILL NO. 2128
32	32		SECOND ENGROSSMENT
33	33		with House Amendments
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	57	+	persons in accordance with law. The use of the term does not imply and may not be
	58	+	used to require the provision of services including treatment, counseling, career and
	59	+	technical education, or other educational services, except as may otherwise be
57	60		required or provided for under this chapter. The term does not include transitional
58	61		facilities.
59	62		4."Correctional facility staff" means correctional personnel with titles such as jailer,
60	63		deputy, counselor, correctional officer, or any other title, whose duties include the
61	64		ongoing supervision of inmates in a correctional facility.
62	65		5."Court holding facility" means a secure facility, other than an adult correctional facility
63	66		or adult lockup, used to temporarily detain individuals before or after a detention
64	67		hearing or other court proceedings, and is not used to detain individuals overnight.
65	68		6."Individual justice planning" means a process to identify, accommodate, and develop
66	69		appropriate consequences for behaviors caused by or related to an individual's mental
67	70		or cognitive impairment.
68	71		7."Inmate" means any individual, whether sentenced or unsentenced, who is detained or
69	72		confined in a correctional facility. The term does not include an individual who is under
70	73		the supervision of the correctional facility and is supervised under home detention,
71	74		electronic monitoring, or a similar program that does not involve physical detention or
72	75		confinement in the facility.
73	76		8."Jail" means a correctional facility, including a county or city jail or a regional
74	77		corrections center.
75	78		9."Juvenile detention center" means a publicly maintained correctional facility for the
76	79		detention of juveniles. The term does not include the North Dakota youth correctional
77	80		center.
78	81		10."Regional corrections center" means a correctional facility established and maintained
79	82		by more than one county or city, or a combination of counties and cities, for the
80	83		confinement of inmates.
81	84		11."Trained correctional facility staff" means correctional personnel who have completed
82	85		a course of training approved by the peace officer standards and training board.
83	86		12."Transitional facility" means a halfway house, assessment center, re - entry facility,
84	87		transitional living facility, or similar facility, operating under contract, in partnership
85		-	with, or under the direction of the department of corrections and rehabilitation or a
86		-	correctional facility, which offers education, counseling, or other programs, with
87		-	unsecured or minimum security housing, for offenders.
88		-	Page No. 2 25.8109.05000
	88	+	Page No. 2 25.8109.04000
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	121	+	with, or under the direction of the department of corrections and rehabilitation or a
	122	+	correctional facility, which offers education, counseling, or other programs, with
	123	+	unsecured or minimum security housing, for offenders.
121	124		SECTION 2. AMENDMENT. Section 12-47-18.1 of the North Dakota Century Code is
122	125		amended and reenacted as follows:
123	126		12-47-18.1. Transfer of persons between correctional facilities.
124	127		TheSubject to statutory limitations, the director of the department of corrections and
125	128		rehabilitation may transfer an offender to any facility under the department's control or contract
126	129		to transfer an offender to another correctional facility for purposes of safety, security, discipline,
127	130		or medical care, or when the director determines it may be in the best interests of the public, the
128	131		offender, or the department.
129	132		SECTION 3. AMENDMENT. Section 12-48.1-01 of the North Dakota Century Code is
130	133		amended and reenacted as follows:
131	134		12-48.1-01. Director may provide certainWork release and education or rehabilitation
132		-	services for offenders.
	135	+	services for offenders - Report.
133	136		1.The director of the department of corrections and rehabilitation may participate in
134	137		programs in which offendersan offender committed to the legal and physical custody
135	138		of the department may be gainfully employed or participate in an educational or other
136	139		rehabilitation program either in or outside facilitiesin the facility under the control of the
137	140		department in which the offender resides. TheFor eligible offenders, the director may
138	141		obtain or contract with separate facilities with minimum security for housing offenders
139	142		granted release privileges. In areas where facilities are not within reasonable proximity
140	143		of the place of employment or training of an eligible offender so released, the director
141	144		may arrange for the housing of the offender in local confinement facilities.
142		-	2.For purposes of this chapter, an "eligible offender" means an offender who:
143		-	a.In accordance with section 12.1 - 32 - 09.1, has served eighty-five percent of the
144		-	offender's sentence of imprisonment or had the offender's sentences commuted;
145		-	or
146		-	b.Is serving a sentence only for one or more violations of section 12.1 - 06.1 - 08,
147		-	12.1 - 11 - 01, 12.1 - 11 - 07, 12.1 - 15 - 02, or 12.1 - 15 - 03; subdivision c of subsection 1
148		-	of section 12.1-21 - 02; section 12.1 - 21 - 03.1; subdivision b of subsection 1 of
149		-	section 12.1 - 21 - 05; section 12.1 - 21 - 06.1, 12.1 - 22 - 05, 12.1 - 23 - 02, 12.1 - 23 - 04,
150		-	12.1 - 23 - 07, 12.1 - 23 - 08, or 12.1 - 24 - 01; subsection 7 of section 19 - 03.1 - 23; or
151		-	section 19 - 03.4 - 03 or 39 - 08 - 01.
152		-	Page No. 3 25.8109.05000
	145	+	2.For purposes of this chapter, an "eligible offender" includes an offender who, in
	146	+	accordance with section 12.1 - 32 - 09.1, has served eighty-five percent of the offender's
	147	+	sentence of imprisonment or had the offender's sentences commuted.
	148	+	3.The department of corrections and rehabilitation shall provide to the attorney general
	149	+	and the legislative council each quarter a report, including the names, locations, and
	150	+	sentences of each individual who meets the criteria in subsection 2.
	151	+	Page No. 3 25.8109.04000
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	183	+	SECTION 4. AMENDMENT. Section 12-48.1-02 of the North Dakota Century Code is
	184	+	amended and reenacted as follows:
	185	+	12-48.1-02. Conditions of eligibility forparticipation in release programs.
	186	+	1.An eligible offender, except an offender sentenced to a penalty of life imprisonment
	187	+	without the opportunity for parole as the result of conviction of a class AA felony under
	188	+	section 12.1-20-03 or of murder under section 12.1-16-01, may be eligible for
	189	+	programsparticipate in a program outside facilitiesa facility under the control of the
	190	+	department of corrections and rehabilitation when the department determines, with a
	191	+	high degree of reliability, the eligible offender is not a high security risk, not likely to
	192	+	commit a crime of violence, not likely to escape, and is likely to be rehabilitated by
	193	+	such program. An eligible offender may apply to the director of the department for
	194	+	permission to participate in such programs.
	195	+	2.The director of the department may authorize participation in outside programs for an
	196	+	eligible offender who has ten years or less remaining on a sentence and has been
	197	+	committed to the legal and physical custody of the department. The parole board, with
	198	+	the approval of the director of the department, may authorize participation in outside
	199	+	programs for eligible offenders who have more than ten years remaining on a
	200	+	sentence and have been committed to the legal and physical custody of the
	201	+	department.
	202	+	3.The offender shall submit a signed application which must include a statement that the
	203	+	eligible offender agrees to abide by all terms and conditions of the particular plan
	204	+	adopted for the eligible offender, and must include such other information as the
	205	+	parole board or the director of the department may require.
	206	+	4.The parole board may approve, disapprove, or defer action on an application
	207	+	approved by the director of the department. The director of the department or the
	208	+	parole board may revoke approval of the application at any time after granting the
	209	+	application. The department shall prescribe rules of conduct and treatment for all
	210	+	eligible offenders on release programs and shall prescribe objective and subjective
	211	+	criteria for which revocation of approval to participate in release programs is
	212	+	mandatory. A rule violation indicating the eligible offender likely will commit a crime of
	213	+	violence or is likely to attempt to escape must result in revocation of approval to
	214	+	Page No. 4 25.8109.04000
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185		-	3.The department of corrections and rehabilitation shall provide to the attorney general
186		-	and the legislative council each quarter a report, including the names, locations, and
187		-	sentences of each individual who meets the criteria in subdivision b of subsection 2.
188		-	SECTION 4. AMENDMENT. Section 12-48.1-02 of the North Dakota Century Code is
	247	+	participate in release programs. The department shall document all violations of the
	248	+	rules of conduct and treatment.
	249	+	5.The director of the department may grant short leaves, not to exceed seventy-two
	250	+	hours, to eligible offenders who have been committed to the legal and physical
	251	+	custody of the department for ten years or less. The parole board, upon the approval
	252	+	of the director of the department, may grant short leaves, not to exceed seventy-two
	253	+	hours, to offenders committed to the legal and physical custody of the department for
	254	+	more than ten years. Short leaves granted under this subsection may not be granted
	255	+	consecutively to the same individual.
	256	+	6.All rules adopted by the parole board and the director of the department relating to
	257	+	release programs and short leaves must conform, to the extent allowable by law, with
	258	+	executive order no. 11755 issued by the President of the United States.
	259	+	SECTION 5. AMENDMENT. Section 12-54.1-01 of the North Dakota Century Code is
189	260		amended and reenacted as follows:
190		-	12-48.1-02. Conditions of eligibility forparticipation in release programs.
191		-	1.An eligible offender, except an offender sentenced to a penalty of life imprisonment
192		-	without the opportunity for parole as the result of conviction of a class AA felony under
193		-	section 12.1-20-03 or of murder under section 12.1-16-01, may be eligible for
194		-	programsparticipate in a program outside facilitiesa facility under the control of the
195		-	department of corrections and rehabilitation when the department determines, with a
196		-	high degree of reliability, the eligible offender is not a high security risk, not likely to
197		-	commit a crime of violence, not likely to escape, and is likely to be rehabilitated by
198		-	such program. An eligible offender may apply to the director of the department for
199		-	permission to participate in such programs.
200		-	2.The director of the department may authorize participation in outside programs for an
201		-	eligible offender who has ten years or less remaining on a sentence and has been
202		-	committed to the legal and physical custody of the department. The parole board, with
203		-	the approval of the director of the department, may authorize participation in outside
204		-	programs for eligible offenders who have more than ten years remaining on a
205		-	sentence and have been committed to the legal and physical custody of the
206		-	department.
207		-	3.The offender shall submit a signed application which must include a statement that the
208		-	eligible offender agrees to abide by all terms and conditions of the particular plan
209		-	adopted for the eligible offender, and must include such other information as the
210		-	parole board or the director of the department may require.
211		-	4.The parole board may approve, disapprove, or defer action on an application
212		-	approved by the director of the department. The director of the department or the
213		-	parole board may revoke approval of the application at any time after granting the
214		-	application. The department shall prescribe rules of conduct and treatment for all
215		-	eligible offenders on release programs and shall prescribe objective and subjective
216		-	Page No. 4 25.8109.05000
	261	+	12-54.1-01. Sentence reduction for good time.
	262	+	Except as provided underSubject to the requirements of section 12.1-32-09.1, an offender
	263	+	committed to the legal and physical custody of the department of corrections and rehabilitation
	264	+	is eligible to earn sentence reductions based upon satisfactory fulfillment of performance criteria
	265	+	established through department and penitentiary rules. Performance criteria includesmust
	266	+	include participation in court-ordered or staff-recommended treatment and education programs
	267	+	and good work performance. The department may credit an offender committed to the legal and
	268	+	physical custody of the department who is eligible for sentence reduction up to five days good
	269	+	time per month for each month of the sentence imposed. The department may credit an
	270	+	offender with sentence reduction for time spent in custody before sentencing and commitment
	271	+	to the legal and physical custody of the department. The department may not credit an offender
	272	+	with any sentence reduction for time spent on probation under the supervision and
	273	+	management of the department.
	274	+	SECTION 6. AMENDMENT. Section 12-54.1-03 of the North Dakota Century Code is
	275	+	amended and reenacted as follows:
	276	+	Page No. 5 25.8109.04000
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	307	+	12-54.1-03. Meritorious conduct sentence reduction.
	308	+	Except as provided under section 12.1-32-09.1, offendersOffenders committed to the legal
	309	+	and physical custody of the department of corrections and rehabilitation may receive a lump
	310	+	sum or a monthly rate of meritorious conduct sentence reduction for outstanding performance
	311	+	or heroic acts or as a special control and security measure, as provided by penitentiary and
	312	+	department rules and upon written recommendation of a department multidisciplinary team.
	313	+	Meritorious sentence reductions are in addition to sentence reductions under section
	314	+	12-54.1-01 and may be made only after a written recommendation is made by the warden and
	315	+	approved by the director of the department. Any sentence reduction for special control or
	316	+	security measuresunder this section may not exceed two days good time per month per
	317	+	offender.
	318	+	SECTION 7. A new section to chapter 12-67 of the North Dakota Century Code is created
	319	+	and enacted as follows:
	320	+	Tampering or destroying an approved electronic monitoring device - Penalty.
	321	+	1.An individual may not tamper with, destroy, or remove an approved electronic
	322	+	monitoring device.
	323	+	2.An individual who violates this section is guilty of a class C felony. For a conviction
	324	+	under this section, the court shall impose a minimum sentence of one year
	325	+	imprisonment in a correctional facility to be served consecutively to any other term of
	326	+	commitment, including incarceration due to revocation of probation or parole.
	327	+	3.Notwithstanding subsection 2, for a conviction under this section, the court shall
	328	+	impose a term of imprisonment to be served concurrently with a conviction for a
	329	+	violation under section 12.1 - 08 - 06 arising from same incident.
	330	+	4.No part of a sentence imposed under this section may be served at a transitional
	331	+	facility
	332	+	SECTION 8. AMENDMENT. Section 12.1-08-02 of the North Dakota Century Code is
	333	+	amended and reenacted as follows:
	334	+	12.1-08-02. Preventing arrest or discharge of other duties.
	335	+	1.A person is guilty of a class A misdemeanor if, with intent to prevent a public servant
	336	+	from effecting an arrest of himself or another for a misdemeanor or infraction, or from
	337	+	discharging any other official duty, he creates a substantial risk of bodily injury to the public
	338	+	Page No. 6 25.8109.04000
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249		-	criteria for which revocation of approval to participate in release programs is
250		-	mandatory. A rule violation indicating the eligible offender likely will commit a crime of
251		-	violence or is likely to attempt to escape must result in revocation of approval to
252		-	participate in release programs. The department shall document all violations of the
253		-	rules of conduct and treatment.
254		-	5.The director of the department may grant short leaves, not to exceed seventy-two
255		-	hours, to eligible offenders who have been committed to the legal and physical
256		-	custody of the department for ten years or less. The parole board, upon the approval
257		-	of the director of the department, may grant short leaves, not to exceed seventy-two
258		-	hours, to offenders committed to the legal and physical custody of the department for
259		-	more than ten years. Short leaves granted under this subsection may not be granted
260		-	consecutively to the same individual.
261		-	6.All rules adopted by the parole board and the director of the department relating to
262		-	release programs and short leaves must conform, to the extent allowable by law, with
263		-	executive order no. 11755 issued by the President of the United States.
264		-	SECTION 5. AMENDMENT. Section 12-54.1-01 of the North Dakota Century Code is
	371	+	servant or to anyone except himself, or employs means justifying or requiring substantial force
	372	+	to overcome resistance to effecting the arrest or the discharge of the duty. A person is guilty of a
	373	+	class C felony if, with intent to prevent a public servant from effecting an arrest of himself or
	374	+	another for a class A, B, or C felony, he creates a substantial risk of bodily injury to the public
	375	+	servant or to anyone except himself, or employs means justifying or requiring substantial force
	376	+	to overcome resistance to effecting such an arrest.
	377	+	2.1.It is a defense to a prosecution under this section that the public servant was not
	378	+	acting lawfully, but it is no defense that the defendant mistakenly believed that the
	379	+	public servant was not acting lawfully. A public servant executing a warrant or other
	380	+	process in good faith and under color of law shall be deemed to be acting lawfully.
	381	+	2.A sentence for a conviction under this section must be consecutive to any sentence of
	382	+	imprisonment for an underlying conviction.
	383	+	SECTION 9. AMENDMENT. Section 12.1-08-06 of the North Dakota Century Code is
265	384		amended and reenacted as follows:
266		-	12-54.1-01. Sentence reduction for good time.
267		-	Except as provided underSubject to the requirements of section 12.1-32-09.1, an offender
268		-	committed to the legal and physical custody of the department of corrections and rehabilitation
269		-	is eligible to earn sentence reductions based upon satisfactory fulfillment of performance criteria
270		-	established through department and penitentiary rules. Performance criteria includesmust
271		-	include participation in court-ordered or staff-recommended treatment and education programs
272		-	and good work performance. The department may credit an offender committed to the legal and
273		-	physical custody of the department who is eligible for sentence reduction up to five days good
274		-	time per month for each month of the sentence imposedserved, up to a maximum of fifteen
275		-	percent of the offender's sentence. Sentence reductions may not be awarded before they are
276		-	earned. The department may credit an offender with sentence reduction for time spent in
277		-	custody before sentencing and commitment to the legal and physical custody of the
278		-	department. The department may not credit an offender with any sentence reduction for time
279		-	spent on probation under the supervision and management of the department.
280		-	Page No. 5 25.8109.05000
	385	+	12.1-08-06. Escape.
	386	+	1.A person is guilty of escape if, without lawful authority, the person removes or attempts
	387	+	to remove himself from official detention or fails to return to official detention following
	388	+	temporary leave granted for a specified purpose or limited period. A person who is
	389	+	subject to official detention under this section is guilty of escape, if while outside the
	390	+	state of North Dakota and without lawful authority, the person removes or attempts to
	391	+	remove himself from official detention, or fails to return to official detention following
	392	+	temporary leave granted for a specified purpose or limited period, when at the time the
	393	+	person is in the legal custody of a warden of the penitentiary, department of
	394	+	corrections and rehabilitation, or other competent authority by virtue of a lawful
	395	+	commitment to official detention.
	396	+	2.Escape is a class B felony if the actor uses a firearm, destructive device, or other
	397	+	dangerous weapon in effecting or attempting to effect the actor's removal from official
	398	+	detention. Escape is a class C felony if:
	399	+	a.The actor uses any other force or threat of force against another in effecting or
	400	+	attempting to effect the actor's removal from official detention; or
	401	+	Page No. 7 25.8109.04000
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	431	+	30 Sixty-ninth
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	433	+	b.The person escaping was in official detention by virtue of the person's arrest for,
	434	+	or on charge of, a felony, or pursuant to the person's conviction of any offense.
	435	+	Otherwise escape is a class A misdemeanor.
	436	+	3.The court shall impose a minimum sentence of one year imprisonment in a
	437	+	correctional facility for an individual convicted of a felony under subdivision b of
	438	+	subsection 2 to be served consecutively to any other term of imprisonment, including
	439	+	incarceration due to revocation of probation or parole. No part of a sentence imposed
	440	+	under this subsection may be served at a transitional facility.
	441	+	4.Notwithstanding subsection 3, for a conviction under this section, the court shall
	442	+	impose a term of imprisonment to be served concurrently with a conviction for a
	443	+	violation of section 7 of this Act arising from the same incident.
	444	+	5.In this section:
	445	+	a."Conviction of an offense" does not include an adjudication of juvenile
	446	+	delinquency.
	447	+	b."Official detention" means arrest, custody following surrender in lieu of arrest,
	448	+	detention in any facility for custody of persons under charge or conviction of an
	449	+	offense or alleged or found to be delinquent, detention under a law authorizing
	450	+	civil commitment in lieu of criminal proceedings or authorizing such detention
	451	+	while criminal proceedings are held in abeyance, detention for extradition, home
	452	+	detention as authorized by chapter 12-67, or custody for purposes incident to the
	453	+	foregoing, including transportation, medical diagnosis or treatment, court
	454	+	appearances, work, and recreation, or being absent without permission from any
	455	+	release granted while under custody of a sentence such as work or education
	456	+	release, community confinement, or other temporary leaves from a correctional
	457	+	or placement facility. "Official detention" does not include supervision on
	458	+	probation or parole or constraint incidental to release.
	459	+	4.6.Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the
	460	+	committing or detaining authority, shall not be a defense to a prosecution under this
	461	+	section if the escape is from the penitentiary or other facility used for official detention
	462	+	or from detention pursuant to commitment by an official proceeding. In the case of
	463	+	other detentions, irregularity or lack of jurisdiction shall be an affirmative defense if:
	464	+	Page No. 8 25.8109.04000
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311	495		31 Sixty-ninth
312	496		Legislative Assembly
313		-	SECTION 6. AMENDMENT. Section 12-54.1-03 of the North Dakota Century Code is
	497	+	a.The escape involved no substantial risk of harm to the person or property of
	498	+	anyone other than the detainee; or
	499	+	b.The detaining authority did not act in good faith under color of law.
	500	+	5.7.The jurisdiction of a violation of this section when the person is in the legal custody of
	501	+	a warden of the penitentiary, the department of corrections and rehabilitation, or other
	502	+	lawful authority is in the county where the violation occurred if the violation occurred
	503	+	within this state, and is in Burleigh County or in the county in which the order
	504	+	committing the person to official detention was entered if the violation occurred outside
	505	+	this state.
	506	+	SECTION 10. AMENDMENT. Section 12.1-08-07 of the North Dakota Century Code is
314	507		amended and reenacted as follows:
315		-	12-54.1-03. Meritorious conduct sentence reduction.
316		-	Except as provided under section 12.1-32-09.1, offendersOffenders committed to the legal
317		-	and physical custody of the department of corrections and rehabilitation may receive a lump
318		-	sum or a monthly rate of meritorious conduct sentence reduction for outstanding performance
319		-	or heroic acts or as a special control and security measure, as provided by penitentiary and
320		-	department rules and upon written recommendation of a department multidisciplinary team.
321		-	Meritorious sentence reductions are in addition to sentence reductions under section
322		-	12-54.1-01 and may be made only after a written recommendation is made by the warden and
323		-	approved by the director of the department. Any sentence reduction for special control or
324		-	security measuresunder this section may not exceed two daysone day good time per month per
325		-	offender.
326		-	SECTION 7. AMENDMENT. Section 12.1-08-02 of the North Dakota Century Code is
	508	+	12.1-08-07. Public servants permitting escape.
	509	+	A public servant concerned in official detention pursuant to process issued by a court,
	510	+	judge, or magistrate is guilty of a class A misdemeanor if he recklessly permits an escape and is
	511	+	guilty of a class B misdemeanor if he negligently permits an escape. "Official detention" has the
	512	+	meaning prescribed in subsection 35 of section 12.1-08-06.
	513	+	SECTION 11. AMENDMENT. Section 12.1-08-08 of the North Dakota Century Code is
327	514		amended and reenacted as follows:
328		-	12.1-08-02. Preventing arrest or discharge of other duties.
329		-	1.A person is guilty of a class A misdemeanor if, with intent to prevent a public servant
330		-	from effecting an arrest of himself or another for a misdemeanor or infraction, or from
331		-	discharging any other official duty, he creates a substantial risk of bodily injury to the public
332		-	servant or to anyone except himself, or employs means justifying or requiring substantial force
333		-	to overcome resistance to effecting the arrest or the discharge of the duty. A person is guilty of a
334		-	class C felony if, with intent to prevent a public servant from effecting an arrest of himself or
335		-	another for a class A, B, or C felony, he creates a substantial risk of bodily injury to the public
336		-	servant or to anyone except himself, or employs means justifying or requiring substantial force
337		-	to overcome resistance to effecting such an arrest.
338		-	2.1.It is a defense to a prosecution under this section that the public servant was not
339		-	acting lawfully, but it is no defense that the defendant mistakenly believed that the
340		-	public servant was not acting lawfully. A public servant executing a warrant or other
341		-	process in good faith and under color of law shall be deemed to be acting lawfully.
342		-	2.A sentence for a conviction under this section must be consecutive to any sentence of
343		-	imprisonment for an underlying conviction.
344		-	Page No. 6 25.8109.05000
	515	+	12.1-08-08. Inciting or leading riot in detention facilities.
	516	+	1.A person is guilty of a class C felony if, with intent to cause, continue, or enlarge a riot,
	517	+	he solicits a group of five or more persons to engage in a riot in a facility used for
	518	+	official detention or engages in conduct intended to serve as the beginning of or signal
	519	+	for such riot, or participates in planning such riot, or, in the course of such riot, issues
	520	+	commands or instructions in furtherance thereof.
	521	+	2.In this section:
	522	+	a."Official detention" has the meaning prescribed in subsection 35 of section
	523	+	12.1-08-06.
	524	+	b."Riot" means a disturbance involving an assemblage of five or more persons
	525	+	which by tumultuous and violent conduct creates grave danger of damage or
	526	+	injury to property or persons or substantially obstructs the operation of the facility
	527	+	or other government function.
	528	+	Page No. 9 25.8109.04000
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376	560		Legislative Assembly
377		-	SECTION 8. AMENDMENT. Section 12.1-17-01 of the North Dakota Century Code is
	561	+	SECTION 12. AMENDMENT. Section 12.1-08-09 of the North Dakota Century Code is
	562	+	amended and reenacted as follows:
	563	+	12.1-08-09. Introducing or possessing contraband useful for escape.
	564	+	1.A person is guilty of a class C felony if he unlawfully provides an inmate of an official
	565	+	detention facility with any tool, weapon, or other object which may be useful for
	566	+	escape. Such person is guilty of a class B felony if the object is a firearm, destructive
	567	+	device, or other dangerous weapon.
	568	+	2.An inmate of an official detention facility is guilty of a class C felony if he unlawfully
	569	+	procures, makes, or otherwise provides himself with, or has in his possession, any
	570	+	tool, weapon, or other object which may be useful for escape. Such person is guilty of
	571	+	a class B felony if the object is a firearm, destructive device, or other dangerous
	572	+	weapon.
	573	+	3.In this section:
	574	+	a."Official detention" has the meaning prescribed in subsection 35 of section
	575	+	12.1-08-06.
	576	+	b."Unlawfully" means surreptitiously or contrary to a statute or regulation, rule, or
	577	+	order issued pursuant thereto.
	578	+	SECTION 13. AMENDMENT. Section 12.1-17-01 of the North Dakota Century Code is
378	579		amended and reenacted as follows:
379	580		12.1-17-01. Simple assault.
380	581		1.A person is guilty of an offense if that person:
381	582		a.Willfully causes bodily injury to another human being; or
382	583		b.Negligently causes bodily injury to another human being by means of a firearm,
383	584		destructive device, or other weapon, the use of which against a human being is
384	585		likely to cause death or serious bodily injury.
385	586		2.The offense is:
386	587		a.A class C felony when the victim is a peace officer or correctional institution
387	588		employee acting in an official capacity, which the actor knows to be a fact; an
388	589		employee of the state hospital acting in the course and scope of employment,
389	590		which the actor knows to be a fact, and the actor is an individual committed to or
390	591		detained at the state hospital pursuant to chapter 25-03.3; a person engaged in a
391		-	judicial proceeding; or a member of a municipal or volunteer fire department or
392		-	emergency medical services personnel unit or emergency department worker in
393		-	the performance of the member's duties.
394		-	b.A class B misdemeanor except as provided in subdivision a.
395		-	3.A sentence for a conviction under subdivision a of subsection 2 must be consecutive
396		-	to any sentence of imprisonment for an underlying conviction.
397		-	SECTION 9. AMENDMENT. Section 12.1-32-02.1 of the North Dakota Century Code is
398		-	amended and reenacted as follows:
399		-	12.1-32-02.1. Mandatory prison terms for armed offenders.
400		-	1.Notwithstanding any other provision of this title, a term of imprisonment must be
401		-	imposed upon an offender and served without benefit of parole when:
402		-	a.In the course of committing an offense, the offender inflicts or attempts to inflict
403		-	bodily injury upon another, threatens or menaces another with imminent bodily
404		-	injury with a dangerous weapon, explosive, destructive device, or firearm; or
405		-	b.An offender prohibited from possessing a firearm under section 62.1-02-01
406		-	possesses a firearm while in the course of committing any felony offense under
407		-	subsection 1, or 3, or 7 of section 19-03.1-23.
408		-	Page No. 7 25.8109.05000
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440	624		Legislative Assembly
	625	+	judicial proceeding; or a member of a municipal or volunteer fire department or
	626	+	emergency medical services personnel unit or emergency department worker in
	627	+	the performance of the member's duties.
	628	+	b.A class B misdemeanor except as provided in subdivision a.
	629	+	3.A sentence for a conviction under subdivision a of subsection 2 must be consecutive
	630	+	to any sentence of imprisonment for an underlying conviction.
	631	+	SECTION 14. AMENDMENT. Section 12.1-32-02.1 of the North Dakota Century Code is
	632	+	amended and reenacted as follows:
	633	+	12.1-32-02.1. Mandatory prison terms for armed offenders.
	634	+	1.Notwithstanding any other provision of this title, a term of imprisonment must be
	635	+	imposed upon an offender and served without benefit of parole when:
	636	+	a.In the course of committing an offense, the offender inflicts or attempts to inflict
	637	+	bodily injury upon another, threatens or menaces another with imminent bodily
	638	+	injury with a dangerous weapon, explosive, destructive device, or firearm; or
	639	+	b.An offender prohibited from possessing a firearm under section 62.1-02-01
	640	+	possesses a firearm while in the course of committing any felony offense under
	641	+	subsection 1, or 3, or 7 of section 19-03.1-23.
441	642		2.This requirement applies only when possession of a dangerous weapon, explosive,
442	643		destructive device, or firearm has been charged and admitted or found to be true in
443	644		the manner provided by law, and must be imposed as follows:
444	645		a.If the offense for which the offender is convicted is a class AA, class A, or class B
445	646		felony, the court shall impose a minimum sentence of four years' imprisonment.
446	647		b.If the offense for which the offender is convicted is a class C felony, the court
447	648		shall impose a minimum sentence of two years' imprisonment.
448	649		3.This section applies even when being armed is an element of the offense for which the
449	650		offender is convicted.
450	651		4.This section applies even if the offender is prosecuted for a violation of section
451	652		62.1-02-01 for the same conduct.
452	653		5.An offender serving a sentence subject to this section may be eligible to participate in
453	654		a release program under section 12-48.1-02 during the last six months of the
454		-	offender's sentenceis not an eligible offender under subdivision b of subsection 2 of
455		-	section 12 - 48.1 - 01 .
456		-	SECTION 10. AMENDMENT. Section 12.1-32-09.1 of the North Dakota Century Code is
457		-	amended and reenacted as follows:
458		-	12.1-32-09.1. Sentencing of violent offendersTruth in sentencing.
459		-	1.Except as provided under sectionsections 12 - 48.1 - 01 and 12-48.1-02 and pursuant to
460		-	rules adopted by the department of corrections and rehabilitation, an offender who is
461		-	sentenced as a dangerous special offender or habitual offender under section
462		-	12.1 - 32 - 09, or is convicted of a crime in violation of section 12.1-16-01, 12.1-16-02,
463		-	subsection 2 of section 12.1-17-02, section 12.1-18-01, subdivision a of subsection 1
464		-	or subdivision b of subsection 2 of section 12.1-20-03, section 12.1-22-01,
465		-	subdivision b of subsection 2 of section 12.1-22-02, or an attempt to commit the
466		-	offenses, and who receives a sentence of imprisonment is not eligible for release from
467		-	confinement on any basis until eighty-five percent of the sentence imposed by the
468		-	court has been served or the sentence is commuted. All other offenders are not
469		-	eligible for release from confinement on any basis until:
470		-	a.Fifty percent of the sentence imposed by the court is served, not including any
471		-	time credited under section 12 - 54.1 - 01, and the offender is paroled;
472		-	Page No. 8 25.8109.05000
	655	+	offender's sentence.
	656	+	Page No. 11 25.8109.04000
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504	688		Legislative Assembly
505		-	b.The offender's sentence is commuted and the offender served the commuted
506		-	sentence;
507		-	c.Eighty-five percent of the sentence imposed by the court is served; or
508		-	d.The offender is pardoned.
	689	+	SECTION 15. AMENDMENT. Section 12.1-32-09.1 of the North Dakota Century Code is
	690	+	amended and reenacted as follows:
	691	+	12.1-32-09.1. Sentencing of violent offendersTruth in sentencing.
	692	+	1.Except as provided under sectionsections 12 - 48.1 - 01 and 12-48.1-02 and pursuant to
	693	+	rules adopted by the department of corrections and rehabilitation, an offender who is
	694	+	sentenced as a dangerous special offender or habitual offender under section
	695	+	12.1 - 32 - 09, or is convicted of a crime in violation of section 12.1-16-01, 12.1-16-02,
	696	+	subsection 2 of section 12.1-17-02, section 12.1-18-01, subdivision a of subsection 1
	697	+	or subdivision b of subsection 2 of section 12.1-20-03, section 12.1-22-01,
	698	+	subdivision b of subsection 2 of section 12.1-22-02, or an attempt to commit the
	699	+	offenses, and who receives a sentence of imprisonment is not eligible for release from
	700	+	confinement on any basis until eighty-five percent of the sentence imposed by the
	701	+	court has been served or the sentence is commuted.
509	702		2.In the case of an offender who is sentenced to a term of life imprisonment with
510	703		opportunity for parole under subsection 1 of section 12.1-32-01, the term "sentence
511	704		imposed" means the remaining life expectancy of the offender on the date of
512	705		sentencing. The remaining life expectancy of the offender must be calculated on the
513	706		date of sentencing, computed by reference to a recognized mortality table as
514	707		established by rule by the supreme court.
515	708		3.Notwithstanding this section, an offender sentenced under subsection 1 of section
516	709		12.1-32-01 may not be eligible for parole until the requirements of that subsection
517	710		have been met.
518	711		4.An offender who is convicted of a class C felony in violation of section 12.1-17-02, or
519	712		an attempt to commit the offense, and who has received a sentence of imprisonment
520	713		or a sentence of imprisonment upon revocation of probation before August 1, 2015, is
521	714		eligible to have the offender's sentence considered by the parole board.
522	715		5.Notwithstanding subsection 4, this section does not apply to a sentence imposed upon
523	716		revocation of probation.For purposes of this section "confinement" does not include
524	717		placement or residence in a transitional facility, halfway house, or similar facility,
525	718		operating under contract, in partnership with, or under the direction of the department
526	719		of corrections and rehabilitation or other correctional facility, with unsecured or
527		-	minimum security housing.
	720	+	Page No. 12 25.8109.04000
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	751	+	31 Sixty-ninth
	752	+	Legislative Assembly
	753	+	minimum security housing, except during the last six months before an offender's
	754	+	release from incarceration.
528	755		5.Notwithstanding subsection 4, placement or residence at the James River correctional
529	756		center, Missouri River correctional center, Heart River correctional center, or Dakota
530	757		women's correctional and rehabilitation center, or county jail is "confinement" for
531	758		purposes of this section, provided the order to place the inmate in the center or jail is
532	759		approved by an identifiable employee of the department of corrections and
533	760		rehabilitation after the employee determines, with reasonable certainty, the placement
534	761		will not pose a danger to the public.
535		-	Page No. 9 25.8109.05000
	762	+	SECTION 16. AMENDMENT. Section 39-10-71 of the North Dakota Century Code is
	763	+	amended and reenacted as follows:
	764	+	39-10-71. Fleeing or attempting to elude a peace officer - Penalty.
	765	+	1.A driver of a motor vehicle who willfully fails or refuses to bring the vehicle to a stop, or
	766	+	who otherwise flees or attempts to elude, in any manner, a pursuing police vehicle or
	767	+	peace officer, when given a visual or audible signal to bring the vehicle to a stop, is
	768	+	guilty of a:
	769	+	a.Class A misdemeanor for a first offense and a class C felony for a subsequent
	770	+	offense within three years;
	771	+	b.Class C felony if the driver violates this section while willfully fleeing during or
	772	+	after the commission of a felony; or
	773	+	c.Class C felony if, at any time during the flight or pursuit, the driver willfully
	774	+	operates the vehicle in a manner constituting an inherent risk of death or serious
	775	+	bodily injury to a third person.
	776	+	2.A signal complies with this section if the signal is perceptible to the driver and:
	777	+	a.If given from a vehicle, the signal is given by hand, voice, emergency light, or
	778	+	siren, and the stopping vehicle is appropriately marked showing it to be an official
	779	+	police vehicle; or
	780	+	b.If not given from a vehicle, the signal is given by hand, voice, emergency light, or
	781	+	siren, and the officer is in uniform or prominently displays the officer's badge of
	782	+	office.
	783	+	Page No. 13 25.8109.04000
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566	814		Legislative Assembly
567		-	SECTION 11. AMENDMENT. Section 39-10-71 of the North Dakota Century Code is
568		-	amended and reenacted as follows:
569		-	39-10-71. Fleeing or attempting to elude a peace officer - Penalty.
570		-	1.A driver of a motor vehicle who willfully fails or refuses to bring the vehicle to a stop, or
571		-	who otherwise flees or attempts to elude, in any manner, a pursuing police vehicle or
572		-	peace officer, when given a visual or audible signal to bring the vehicle to a stop, is
573		-	guilty of a:
574		-	a.Class A misdemeanor for a first offense and a class C felony for a subsequent
575		-	offense within three years;
576		-	b.Class C felony if the driver violates this section while willfully fleeing during or
577		-	after the commission of a felony; or
578		-	c.Class C felony if, at any time during the flight or pursuit, the driver willfully
579		-	operates the vehicle in a manner constituting an inherent risk of death or serious
580		-	bodily injury to a third person.
581		-	2.A signal complies with this section if the signal is perceptible to the driver and:
582		-	a.If given from a vehicle, the signal is given by hand, voice, emergency light, or
583		-	siren, and the stopping vehicle is appropriately marked showing it to be an official
584		-	police vehicle; or
585		-	b.If not given from a vehicle, the signal is given by hand, voice, emergency light, or
586		-	siren, and the officer is in uniform or prominently displays the officer's badge of
587		-	office.
588	815		3.A felony conviction under this section carries a penalty of at least thirty days'
589	816		imprisonment and, if there is an underlying conviction, the imprisonment must be
590	817		consecutive to any sentence of imprisonment for the underlying conviction.
591	818		4.Upon a motion by a state's attorney, a court may order that a motor vehicle used in the
592	819		commission of a violation of this section be impounded by a peace officer for up to six
593	820		months.
594		-	SECTION 12. APPLICATION. Sections 1, 2, 3, 4, 5, 6, 9, and 10 of this Act apply to
	821	+	SECTION 17. LEGISLATIVE MANAGEMENT STUDY - STATE PAROLE BOARD.
	822	+	1. During the 2025-26 interim, the legislative management shall consider studying the
	823	+	state parole board. The study must include a comprehensive review of chapter 12-59
	824	+	of the North Dakota Century Code and any rules and regulations adopted by the state
	825	+	parole board relating to:
	826	+	a.Members of the board, the appointment process by the governor, terms of board
	827	+	members, quorum requirements, scheduling, and meeting minutes;
	828	+	b.Inmate eligibility, including an analysis of the board's activities relating to eligibility
	829	+	requirements for parole, conditions, board determinations, victim rights and victim
	830	+	assistance, automated victim information and notification, and the board's action
	831	+	to grant, deny, revoke, or rescind parole; and
	832	+	c. The department of corrections and rehabilitation, including participation in the
	833	+	parole board process and recommendations to the parole board, if any.
	834	+	2.The legislative management shall report its findings and recommendations, to the
	835	+	seventieth legislative assembly.
	836	+	SECTION 18. APPROPRIATION - DEPARTMENT OF CORRECTIONS AND
	837	+	REHABILITATION - ELECTRONIC MONITORING IN TRANSITIONAL FACILITIES -
	838	+	ONE-TIME FUNDING. There is appropriated out of any moneys in the general fund in the state
	839	+	treasury, not otherwise appropriated, the sum of $600,000, or so much of the sum as may be
	840	+	necessary, to the department of corrections and rehabilitation for the purpose of using electronic
	841	+	monitoring in transitional facilities, for the biennium beginning July 1, 2025, and ending June 30,
	842	+	2027. The appropriation under this section is considered a one-time funding item.
	843	+	SECTION 19. APPLICATION. Sections 1, 2, 3, 4, 5, 6, 14, and 15 of this Act apply to
595	844		individuals who are charged after July 31, 2025, with violations subject to the provisions of this
596	845		Act.
597		-	Page No. 10 25.8109.~~05000~~
	846	+	Page No. 14 25.8109.04000
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