The bill amends various sections of the North Dakota Century Code to improve the management of parole and probation, as well as the processes surrounding court fees and indigent defense costs. Key changes include a refined definition of "absconded," which now specifically refers to individuals who willfully avoid supervision, and the introduction of a risk assessment process for defendants under the supervision of the Department of Corrections and Rehabilitation. This assessment aims to tailor supervision levels and create individualized case plans based on identified risks. The bill also outlines procedures for handling parole violations, including the rights of parolees during hearings and the financial responsibilities they may incur if found to have absconded.
Additionally, the bill modifies existing laws regarding probation and restitution, removing the requirement for defendants to reimburse indigent defense costs unless they are unlikely to pay. It streamlines the process by eliminating the need for a hearing to determine reimbursement amounts and allows for more flexibility in waiving these costs due to hardship. The legislation establishes the indigent defense administration fund to manage application fees and directs a study on court fines and fees to be conducted during the 2025-26 interim. Overall, the bill aims to enhance the fairness and efficiency of the probation and restitution processes while ensuring the rights of defendants are upheld.
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