Trio of bills addresses justice reform, crowded North Dakota jails
Exterior of the North Dakota State Penitentiary on Feb. 4, 2025. Bills under consideration by state lawmakers aim to address crowding at state prisons and jails. (Michael Achterling/North Dakota Monitor)
When parole and probation officers have to try to collect fees from people on supervised release, 'it puts both parties in a difficult situation,' said Colby Braun, director of the North Dakota Department of Corrections and Rehabilitation.
Eliminating those fees, and the time and effort that goes into collecting them, has been identified as one way to help keep low-level criminals out of North Dakota's crowded jails and prison system.
Lawmakers on Wednesday heard from Braun and others advocating for three bills addressing jail overcrowding and keeping people from getting caught in a revolving door of legal trouble.
House Bill 1425 focuses on diversion and deflection, keeping people out of jail with mental health and substance abuse service. It would establish a pilot program in three counties.
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.
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. It would also study barriers to reentry, such as housing, access to Medicaid, and maintaining a valid driver's license or getting some other identification. It would also study why Blacks and Native Americans are incarcerated at higher rates than other populations.
'As a package, these proposals promote public safety through an intentional focus on reentry, recovery and rehabilitation that will improve the lives of people exiting the justice system and reduce the likelihood that they find their way back into the system,' Rep. Lawrence Klemin, R-Bismarck, the sponsor of the bills, told the House Judiciary Committee. 'This is a better use of our tax dollars, correctional space and the smart approach to maintaining public safety in our state.'
The bills address issues identified by a Reentry Study Work Group. They also address the lack of beds available in North Dakota jails, which also is in need of a short-term fix, Gov. Kelly Armstrong has said. Armstrong, a former defense attorney, also voiced support during his budget address for investments in behavioral health and other steps to reduce reliance on jails and prisons.
In committee work later Wednesday, Rep. Jeff Hoverson, R-Minot, spoke against all three bills.
'If we continue to think that the government is the answer to behavioral health, we're going to be going down into a bottomless pit,' Hoverson said.
The Judiciary Committee did not act on the bills, with Klemin indicating the committee will take them up Monday. Monday is the deadline for House committees to act on bills that must go to the Appropriations Committee.
The bill on fees removes a $55 per month supervision fee charged to people on supervised release. The Department of Corrections and Rehabilitation bills about $6 million in supervision fees per biennium, with a collection rate of only about 25%.
Braun said that does account for the time officers spend trying to collect fees. 'There's no bang for the buck,' Braun said.
He said being able to provide positive reinforcement with people is much more effective.
Sister Kathleen Atkinson, who operates Ministry on the Margins in Bismarck, said some people will choose going back to jail and using state resources rather than paying fees.
The diversion bill would allow state's attorneys in each county to create their own program that could lead to the dismissal of charges if a defendant uses mental health or substance abuse treatment.
While not specified in the bill, Klemin said it is intended for low-level charges.
Legislative hearing at North Dakota State Penitentiary highlights rehabilitation programs
The bill also calls for a pilot project in three counties, to be determined later, working with the Department of Corrections and Rehabilitation.
'Pick me,' Cass County State's Attorney Kim Hegvik said Wednesday, testifying in favor of the bill.
Hegvik said Cass County had a diversion program but did not have the resources to provide the supervision that people in the program needed.
'This is a great place to spend our resources,' she said.
There was no negative testimony presented Wednesday, but there was opposition testimony submitted by Ward County State's Attorney Rozanna Larson. She said she feared the bill would not provide the mental health support that many people need and instead create more work for prosecutors and law enforcement.
The bill would also study the effectiveness of pretrial services, which Larson said is not meeting expectations.
The reentry study would include looking at programs specifically designed for Native Americans and drawing on Native culture. Braun noted the implementation of Akisni Warrior Lodge program targeted at Natives at the James River Correctional Center as an example.
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