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Corrections seeks change letting victims opt out of automated notifications; attorney general's office urges caution citing Marsy's constitutional rights
Summary
The Department of Corrections proposed changes to victim-notification law to stop sending custodial-movement notices to people who have not registered for automated notification; the Attorney General's Office opposed the change, saying it could undermine Marsy's Law protections and increase risk to victims.
The House Judiciary Committee heard competing views on House Bill 1061, a multi-part amendment to section 12.1‑34‑02 of the North Dakota Century Code that addresses victims' notifications and how custodial authorities provide notice.
Charlie Hedden of the Department of Corrections and Rehabilitation's victim services team said the department seeks three changes: (1) clarify that custodial authorities will provide registration information "when requested" rather than proactively contacting every victim; (2) treat unregistered victims differently so they will not automatically receive the same notices unless they have registered; and (3) add education-release movement to the list of custodial movements for which victims can receive notice. Hedden said victims contacting his team often tell staff the notices retraumatize them;…
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