DOCR seeks to exclude low‑level misdemeanors from state supervised probation; judges and members debate tradeoffs

The Department of Corrections and Rehabilitation asked the Senate Judiciary Committee to change state law so the department no longer supervises people sentenced to supervised probation for class B misdemeanors.

Tom Earhart, chief parole and probation officer for the Division of Parole and Probation, told the committee Senate Bill 2111 would "clarify that defendants convicted of class B misdemeanors and sentenced to supervised probation may only be placed under supervision and management of a community corrections agency, or program other than the Department of Corrections and Rehabilitation." Earhart said the change would implement the apparent intent of a 2015 law (House Bill 1367) to keep lowest‑level offenders off state probation caseloads so officers can focus on moderate‑ and high‑risk people.

"When you think about class B misdemeanors, they're the lowest level of offense," Earhart said, listing examples such as driving under suspension, some simple assaults, and low‑level thefts. He said the division's current caseloads are high—"they're pretty high. You're running 50, sixties... In Fargo, they're seventies, eighties"—and adding low‑risk misdemeanor cases would strain resources and could reduce supervision of higher‑risk offenders.

Committee members pressed on several points: whether judges would simply sentence more people to jail if probation availability were limited; whether the bill could raise recidivism by removing a supervisory tool; and whether community corrections programs exist statewide. Earhart acknowledged the questions and that community corrections are not available everywhere; he said judges still have sentencing discretion but argued the 2015 justice‑reinvestment changes intended to reduce growth of state corrections resources.

Senators raised specific concerns about class B misdemeanors that involve bodily harm and domestic violence. Senator Sandra Jose Casaneda suggested excluding offenses that cause bodily injury from the proposed change. Senator Brontberger argued class B misdemeanors are least likely to recidivize and urged focusing DOCR resources on higher‑risk individuals.

The committee discussed possible fiscal and operational alternatives, including hiring more probation staff, but Earhart said the 2015 policy choice intentionally steered low‑level cases away from state supervision to slow corrections growth.

After extensive questioning and debate, committee members considered a motion for a "do pass" recommendation; that motion was made and then withdrawn to allow time for amendment drafting and consultation. No vote was taken on Senate Bill 2111 during the hearing.

Clarifying details included examples the committee compiled of class B misdemeanors: first‑offense theft under $500, first‑offense DUI, driving under suspension, simple assault (first offense), and certain first‑time domestic violence charges. Committee members asked the DOCR to provide counts of how many class B cases would be removed from state caseloads; Earhart said he did not have that figure available at the hearing but could provide it later.

The bill remains under committee consideration with legislators and DOCR staff asked to explore amendment language that would address concerns about bodily‑harm offenses and geographic gaps in community corrections availability.