[{"_1":2,"_88":-5,"_89":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6122454,"mediaKeyId","2694851-ec9eab4a7a338110980ae4508bbe6d8d","parentId",2694851,"title","Senate hearing spotlights House Bill 1425 to expand diversion, deflection and pretrial services","audioSeconds",3716,"startMs",377000,"endMs",4093000,"viewUrl","/Search/View?dp=1&key=2694851-ec9eab4a7a338110980ae4508bbe6d8d&start=377&end=4093","thumbnailUrl","https://assets.pipeline.soar.com/2694851-ec9eab4a7a338110980ae4508bbe6d8d/thumbnail_377000.jpg","articleUrl","/articles/6122454/North-Dakota/Senate-hearing-spotlights-House-Bill-1425-to-expand-diversion-deflection-and-pretrial-services","mediaUrl","https://secure.pipeline.soar.com/6122454-86cdaa873119b8b947969767c287414a/orig.mp4?Expires=1771137107&Signature=CsNRjeBcvuFu7GHDascWLbTAv1QFgqaBTcLf2v5ZDLyEOGP7LvEHHf7hXYmiIWLXOsimyyMhf37TJbURx3pBb8PXZiwmlWpPkSKA6HWm953av-F~oEnGZ52ZPb~~cFAB1Qn8PyrZ47Cwl1UTycUv5ZJKYN6M4qfHP1XNxC7wdVJS2SXb6TvgABMjEBVM8ldYVecPJeX~~T8bOdk~pi25VAi5-LxwirIHMSoY1hSTc0C1fbn4-yaN15lFltTaOSpNWOTqJbjv3hwDlHNhx07uTWcLX2sS-MznfBs0szIw7Dupv1PB-4YHd9FirIdCu62EeCQtAnbeIYGNFJwVFzzmdA__&Key-Pair-Id=KUT5TJCACFTXG","author","North Dakota State Legislature","date","2025-03-19T00:00:00Z","article","The Senate Judiciary Committee opened a hearing on House Bill 1425, a package of statutory changes to expand prosecution‑led diversion, authorize local deflection processes for first responders and create a three‑county pilot for supervision of pre‑sentence diversion, supporters said.

Lieutenant Governor Michelle Strinden, appearing for the Armstrong administration, told the panel, “For the record, my name is Michelle Strinden, Lieutenant Governor of the State of North Dakota. I'm here on behalf of the Armstrong Administration to speak in support of House Bill 14 25.” She said the bills grew from an interim reentry study and aim to “interrupt misconduct early and intervene with treatment resources in cases where addiction and mental illness are the root cause.”

Representative Lawrence Clamine, sponsor for the House, told the committee “House bill 14 25 targets the front end of reentry,” and summarized three major components: (1) clarifying and codifying prosecution‑led diversion authority, (2) authorizing local deflection processes that let law enforcement and first responders direct people to treatment and services rather than arrest, and (3) funding a pilot and a study of pretrial services. He said section 1 would “codif[y] court rule 32.2 of the North Dakota Rules of Criminal Procedure” to authorize county prosecutors to offer diversion and require written local guidelines; sections 3 and 4 would permit the Department of Corrections and Rehabilitation (DOCR) to supervise diversion participants and set up a three‑county supervision pilot.

The bill request includes appropriations described in testimony: $1,000,000 to DOCR for one FTE to staff and oversee the pilot (with $270,000 of that allocation noted for an initial component), roughly $679,000 to contract with local third‑party providers to monitor participants and connect them to behavioral health and treatment services, an estimated $50,000 for software, and $750,000 to the Department of Health and Human Services (DHHS) for services in the pilot; section 7 would appropriate $55,000 to contract a third party to study pretrial services.

Support witnesses described operational and public‑safety rationales. Robin Schmalenberger, reentry program manager for DOCR, said the pilot will “allow that to happen” in counties that opt in, and that DOCR would help develop operational guidelines, collect data and report outcomes. Jonathan Holt, the state’s Commissioner of Recovery and Reentry, emphasized that first responders often are “the first wave of care” and that defining a deflection process could help prevent people from “slipping through the cracks” after an initial contact.

Speakers representing emergency medical services underscored practical and liability concerns. Todd Porter, who owns ambulance services in Bismarck and Mandan, said the proposals would ask EMS to do work outside ordinary practice — for example transporting a patient to a treatment or counseling site rather than an emergency department — and explained the clinical risk tied to those choices. “We don't normally leave patients in the care of someone else,” Porter said, adding that specific program definitions and safe operational protocols are necessary for EMS to participate.

Not all testimony supported the bill’s liability language. Jackie Hall, executive director of the North Dakota Association for Justice, said she supports diversion but opposed a blanket civil‑liability exemption in the bill and in Representative Porter’s amendment that would expand the list of first responders covered. “They do not require immunity for these programs to be successful,” Hall said, arguing immunity could remove accountability and was not recommended in the reentry study report. Several senators pressed sponsors about who would pick the three pilot counties, which offenses would be eligible, and whether local prosecutors and counties would bear new workloads and costs.

Cass County State's Attorney Kim Hegvick testified by video that prosecutors already have discretion to use diversion but lack funding and a mechanism to monitor participants; “The problem is we don't have funding or a mechanism to hold people accountable,” she said, urging that funding for monitoring is the primary barrier to broader use of diversion.

Committee members questioned how eligibility and safeguards will be defined. Sponsors repeatedly said eligibility and minimum standards would be developed in local guidelines and DOCR‑facilitated pilot plans, and that the pilot is intended to produce data and best practices to guide wider implementation. The proposed statute also includes an exemption from civil liability for participating law enforcement, first responders and behavioral‑health providers; proponents framed that language as an encouragement for participation, while opponents called for removing or narrowing it.

The committee did not take a vote on the bill during the hearing. Testimony was a mix of state agency and local provider support, operational questions from EMS and defense/civil‑liability concerns from advocacy groups and a trial‑bar organization.

The committee moved next to House Bill 1417; no committee action or vote on HB 1425 was recorded during the hearing.","mediaType","Video","parentTitle","Senate Judiciary Wednesday, Mar 19, 2025 8:54 AM - 11:30 AM","oneSentenceSummary","The Senate Judiciary Committee opened a hearing on House Bill 1425, a package of statutory changes to expand prosecution‑led diversion, authorize local deflection processes for first responders and create a three‑county pilot for supervision of pre‑sentence diversion, supporters said.","taxTitle","Judiciary, Senate, Legislative, North Dakota","taxId",28907,"location","North Dakota","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6122449,"Committee hears House Bill 1417 on tiered sanctions, supervision fees and indigent defense fees",1543,4102000,5645000,"/Search/View?dp=1&key=2694851-ec9eab4a7a338110980ae4508bbe6d8d&start=4102&end=5645","https://assets.pipeline.soar.com/2694851-ec9eab4a7a338110980ae4508bbe6d8d/thumbnail_4102000.jpg","/articles/6122449/North-Dakota/Committee-hears-House-Bill-1417-on-tiered-sanctions-supervision-fees-and-indigent-defense-fees","https://secure.pipeline.soar.com/6122449-722b3411e9c25ae55803411ef30e9f32/orig.mp4?Expires=1771137107&Signature=naqAsvGCdSAGpNC8tlHQqsB0F9QSlaqbbkoIPVkx4Cg4gtIyafcabuYy6XJ28A8375KQtgsmkDZXXFUAitaGMr55zB-thhoBAxsbL4lk1hUPQb1MPZpukBQ4~1sZFlbmzEpPfxxRy05VvBvaWmCHBG4QBTYWq4Hm52RA5mH1SVg0C2isyKfQ6PiIRw2PCEoyI17TYh3xY2djlUY32NA1JxVKQZ9QV9-GY9kgPOKKMo3Z-R-dZuNviwsHtelikmqy8k9eSa1baynzdna9zeXoS37SG8Rr4OqpyQoPRWPdqJvc1mC~oNH1ntdk-JnTRyBdrOM0XIKmvsaDrnm9AvTyxg__&Key-Pair-Id=KUT5TJCACFTXG","The Senate Judiciary Committee heard testimony on House Bill 1417, which sponsors described as a set of statutory changes to community supervision and court fees aimed at reducing admissions to prison from parole and probation violations.

Representative Lawrence Clamine, sponsor, said the bill updates definitions, introduces recommended tiered sentencing for technical supervision violations, eliminates a $55 monthly supervision fee and removes an application fee and court‑ordered recoupment for indigent defense. “These sanctions both say that an individual, following a decision by the court or parole board to revoke supervision due to a technical violation, may be subject to 15 days in jail for the first revocation, up to 30 days in jail for the second revocation, and up to 90 days for the third,” Clamine said while stressing those are recommendations and not mandatory limits.

Clamine and Department of Corrections and Rehabilitation (DOCR) witnesses tied the bill to findings from the interim Justice Reinvestment reentry study: the state’s prison population has been rising while national prison populations fell, and that drug‑ and alcohol‑related offenses plus supervision revocations are major drivers of admissions. The bill would add statutory definitions for “absconded,” “technical violation,” and modernize “risk assessment,” all intended to create consistent terms across agencies.

DOCR representatives said the change aims to give probation and parole authorities clearer statutory guidance and to allow graduated sanctions and intermediate interventions before revocation. Robin Schmalenberger, DOCR reentry program manager, told the committee the proposal is “consistent with the best practices” in DOCR’s managing‑behavior guidance and that eliminating supervision fees would free staff time and reduce financial burden on people under supervision; DOCR currently bills roughly $6 million in supervision fees per biennium but collects about $1.5 million, testimony stated.

Proponents included the Armstrong administration and the state’s Commissioner of Recovery and Reentry, Jonathan Holt, who said the bill offers consistency so supervision can “use staggered periods of custody as a sanction for a technical violation without imposing the remaining balance of the sentence.” Sister Kathleen Atkinson (Ministry on the Margins) described how fees can create a cycle that undermines reentry: for people on low wages the fee burden reduces the ability to stabilize housing and employment.

The Commission on Legal Counsel for Indigence testified in favor of removing application and recoupment fees; Travis Fink, executive director, said the American Bar Association recommends against charging application fees for public defense and against ordering reimbursement where people are eligible for counsel. The bill includes a $310,000 appropriation to the Commission on Legal Counsel for Indigence to offset lost revenue from eliminating the $35 application fee.

Opponents included the Attorney General, who said the state’s violent crime counts have increased over the last decade and urged caution when loosening supervision or statutory safeguards. During his remarks he said, “Violent crimes against individuals … have increased every year for 10 years. There are now 4,000 more violent crimes committed against individual people in the state of North Dakota every year than there were 10 years ago.” The Attorney General said his office does not support the bill as drafted and urged the legislature to review crime statistics carefully.

Technical questions from senators focused on distinctions between new crimes and technical violations, whether charging discretion remains with prosecutors, and whether the tiered sanctions could unintentionally limit judicial discretion. Sponsors and agency witnesses emphasized the bill offers non‑mandatory guidance and definitions to encourage consistent responses to technical violations while preserving judicial and parole‑board discretion for serious crimes.

No committee vote was recorded during the hearing. The bill will return to committee for further consideration and possible amendment.","The Senate Judiciary Committee heard House Bill 1417, a bill to define absconding and technical violations, set recommended tiered sanctions for technical parole/probation violations, and eliminate certain supervision and indigent‑defense fees.","actionData","errors"]

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Senate hearing spotlights House Bill 1425 to expand diversion, deflection and pretrial services

Committee hears House Bill 1417 on tiered sanctions, supervision fees and indigent defense fees