Committee approves allowing courts to order long‑term alternative care grants in lieu of incarceration

Representative John Hughes told the committee HB 11-40 clarifies that judges may consider long‑term residential alternative care programs — including nonprofit programs awarded Alternative Care Program grants — as a condition of probation or parole for certain offenders. He and supporters said the change affirms an existing option and expands access.

Mike Gilmartin, executive director of Teen Challenge of the Dakotas, described the 14‑month residential program and said it provides intensive mentoring, work training and structure that, in his view, reduces recidivism. A prosecuting attorney who supports the bill described specific cases where judicial discretion and access to long‑term programs improved outcomes, and a recent graduate testified about personal recovery and life changes following program completion.

Law enforcement, sheriffs and other local stakeholders also submitted support or “me too” testimony. Committee members discussed program cost (witnesses cited roughly $50 per day), grant funding already available through the Unified Judicial System, and how eligibility and discretion would remain with judges and prosecutors.

The committee voted to give the bill a do‑pass recommendation; sponsors preferred to keep the item on consent for floor consideration but left the option to debate at the full chamber.