The bill amends several sections of the North Dakota Century Code to enhance the management of offenders on parole and probation, as well as to streamline the reimbursement process for indigent defense costs. Key changes include a new definition of "absconded," which refers to a probationer or parolee willfully avoiding supervision, and the introduction of a risk assessment process by the Department of Corrections and Rehabilitation to evaluate defendants. The bill also establishes explicit conditions for probation, such as prohibiting the possession of firearms and requiring compliance with urine tests. Additionally, it allows for the court to impose probation conditions related to employment, medical treatment, and community service, while also permitting the transfer of jurisdiction over a probationer between courts.
Significantly, the bill modifies the reimbursement process for indigent defense costs by removing the requirement for courts to order reimbursement unless the defendant is unlikely to pay. It eliminates the need for courts to notify defendants of their right to a hearing on reimbursement amounts and streamlines the process for waiving reimbursement based on undue hardship. Furthermore, the bill establishes the indigent defense administration fund to manage application fees collected, ensuring these funds are appropriated for the administration of the indigent defense system. Lastly, it mandates a study on court fines and fees to be conducted during the 2025-26 interim, focusing on collection rates and their impact on defendants.
Statutes affected: INTRODUCED: 12-59-15, 12.1-01-04, 12.1-22-01, 12.1-32-07, 12.1-32-08, 29-07-01.1
Prepared by the Legislative Council staff for Representative Klemin: 12-59-15, 12.1-01-04, 12.1-22-01, 12.1-32-07, 12.1-32-08, 29-07-01.1
FIRST ENGROSSMENT: 12-59-15, 12.1-01-04, 12.1-22-01, 12.1-32-07, 12.1-32-08, 29-07-01.1
Prepared by the Legislative Council staff for Representative Paulson: 12-59-15, 12.1-01-04, 12.1-22-01, 12.1-32-07, 12.1-32-08, 29-07-01.1
Prepared by the Legislative Council staff for Senate Appropriations - Education and Environment Division Committee: 12-59-15, 12.1-01-04, 12.1-22-01, 12.1-32-07, 12.1-32-08, 29-07-01.1
Enrollment: 12-59-15, 12.1-01-04, 12.1-22-01, 12.1-32-07, 12.1-32-08, 29-07-01.1