By: Jeff Beach (ND Monitor)
North Dakota officials on Tuesday described new legislation as improving “off-ramps” from the criminal justice system, with one of the off-ramps coming before offenders get into the court system.
“We know that people who get into the criminal justice system tend to stay there,” said Tom Erhardt, director for parole and probation within the North Dakota Department of Corrections and Rehabilitation. He said by improving the off-ramps, it will reduce the number of crime victims, reduce the number of repeat offenders and save the state money.
North Dakota Gov. Kelly Armstrong on Tuesday had a signing ceremony for three criminal justice reform bills, trying to keep people out of the court system, making it easier for them to comply with probation and helping former inmates integrate into society.
The bills were based in part on a study conducted after the 2023 legislative session and a collaboration with the corrections department and the Department of Health and Human Services.
“Given the volume of support from prosecutors, public safety officers, community partners and several state agencies throughout the legislative process, it’s clear that these policies move our criminal justice system in the right direction,” said Rep. Lawrence Klemin, R-Bismarck, the sponsor of the three bills.
Erhardt said he thinks House Bill 1425, which focuses on diversion and deflection, has the potential to be the most impactful.
It provides $1 million for a pilot program in three counties to be selected by the corrections department. The county state’s attorney would be able to develop a program focused on keeping people out of jail, using tools such as mental health and substance abuse services. Law enforcement could be part of the deflection process.
The counties will report back on the pilot program before the start of the 2027 legislative session.
The bill includes $750,000 through the Department of Health and Human Services for mental health services.
“We have crisis centers around the state, through our human service centers, where someone can come in and get withdrawal management or detox or get assessed for mental health, they may never have to go to the jail,” said Pam Sagness, executive director of the behavioral health division of HHS.
House Bill 1417 would eliminate fees for people on supervised release. Not paying those fees can lead to a return to jail. The fees are also seen as a burden for low-income people.
The corrections department bills about $6 million in supervision fees per biennium with a collection rate of around 25% or $1.5 million.
Legislative Management may also do a study of court fines and fees before the next legislative session.
The third bill, House Bill 1549, would create a grant program for local jails for programs that help people adjust after being released from jail, referred to as reentry.
“Most jails don’t have anything set up for reentry,” Colby Braun, director of the North Dakota Department of Corrections and Rehabilitation, said after the ceremony. “When you’re done, the clothes you came in with, that’s pretty much what you leave with.”
The corrections department would assist with getting a driver’s license or identification card and getting Medicaid or other assistance through the Department of Health and Human Services.
The grants from the corrections department would help local jails set up a reentry program.
“So this is really focusing on those local jails to say, ‘Hey, if you guys want to build something up, we’ve got some dollars,’” Braun said.
The bill also creates a task force to study housing issues for people leaving jail and a possible study of criminal record sealing and expungement.
The diversion and deflection bill will take effect July 1; the other bills will take effect Aug. 1.
