Senate Bill 2111, which would have removed judges’ option to assign supervised probation for class B misdemeanors, failed in the North Dakota Senate on a 7–40 vote.

The Judiciary Committee brought a "do not pass" recommendation to the floor. "Madam president, your Senate Judiciary Committee brings you Senate Bill 2011 with a do not pass recommendation," said Senator Cory, speaking for the committee. "If we pass this bill, probation is off the table." The committee argued judges need the sentencing option.

The bill drew extended debate on the floor about who would provide supervision if probation were removed and whether removing probation would increase jail time. Senator Matherne raised concerns about fees tied to probation, saying people "have to pay a fee for seeing a probation officer or maintenance fee, and sometimes don't have the money" and that those costs can make compliance unattainable. "If DOCR says some of these people don't need that, please let's not put them in that position," Matherne said.

Senator Larson, referencing testimony to the committee, said the Department of Corrections and Rehabilitation (DOCR) had reported staffing shortages and that the committee viewed the staffing problem as separate from whether probation should remain an option for judges. "Our committee felt that that is a separate problem from whether it should be an option for a judge to use probation or not," Larson said.

Senator Bridal cautioned that class B misdemeanors can include offenses that pose risk to victims, saying that probation "is often a safeguard for the community as well," which informed the committee's decision against the bill. Senator Brownberger described earlier attempts to limit the bill's scope and said an amendment to remove bodily‑harm offenses had failed in committee, underscoring the contested nature of narrowing the bill.

The secretary recorded the final tally: 7 yays and 40 nays; the bill failed.

Why it matters: The vote preserves judges’ discretion to impose supervised probation for class B misdemeanors, leaving in place an option that supporters of the bill argued can be misapplied and critics said is necessary to allow judges to tailor sentences and protect victims.

Next steps: The bill failed on final passage and will not advance from the Senate in its current form.