The bill amends several sections of the North Dakota Century Code to enhance the management of parolees and probationers, focusing on violations, court fees, and the rights of defendants. 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. If a parolee is found to have absconded, they may be required to cover the costs associated with their return. The bill also outlines the rights of parolees during hearings, such as the right to confront witnesses and receive written notice of the hearing's purpose. Additionally, it mandates that probationers cannot possess firearms or dangerous weapons, with certain exceptions, and emphasizes the development of individualized case plans based on risk assessments.
Furthermore, the bill revises the process for reimbursement of indigent defense costs, removing the requirement for the court to determine a defendant's likelihood of paying before ordering reimbursement. Instead, the court is mandated to order reimbursement of the presumed amount of indigent defense costs, with provisions for a hearing if requested by either party. The bill also establishes an indigent defense administration fund to collect application fees and support the commission on legal counsel for indigents. A legislative management study is mandated for the 2025-26 interim to evaluate court fines and fees, their collection rates, and their impacts on defendants, ensuring a comprehensive review of the judicial process and its effects on individuals involved.
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