Latest news with #NorthDakotaDepartmentofCorrectionsandRehabilitation
Yahoo
29-04-2025
- Politics
- Yahoo
North Dakota laws address avoiding criminal charges, improving life after jail
North Dakota Gov. Kelly Armstrong, center, held a signing ceremony April 29, 2025, for three justice reform bills. Seated with Armstrong were bill sponsor Rep. Lawrence Klemin, R-Bismarck, right, and co-sponsor Rep. Karla Rose Hanson, D-Fargo. (Jeff Beach/North Dakota 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. Trio of bills addresses justice reform, crowded North Dakota jails 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. SUPPORT: YOU MAKE OUR WORK POSSIBLE SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
03-04-2025
- Yahoo
New Rockford man to serve four years for fleeing from Grand Forks County law enforcement
Apr. 2—GRAND FORKS — A New Rockford man was recently ordered to serve four years in prison for charges arising from a May 2024 incident during which he fled from Grand Forks County law enforcement. Kyle Kahalehili Maez-Schaack, 32, pleaded guilty to his five criminal charges Friday, March 28. Among them are three Class C felonies: reckless endangerment showing extreme indifference, fleeing a police officer and criminal mischief causing damage between $2,000 and $10,000. His remaining charges are Class A misdemeanor driving under suspension and Class B misdemeanor refusal to halt. A press release was issued by the Grand Forks County Sheriff's Office following Maez-Schaack's May 23, 2024, arrest. A deputy initiated a traffic stop on a red Dodge Charger just after 4 a.m. for crossing the center line. The vehicle stopped briefly, then took off, fleeing from law enforcement at a high rate of speed, at times exceeding 100 mph, the release said. The vehicle ultimately crashed into a parked vehicle and the driver — later identified as Maez-Schaack — fled on foot. He was apprehended within two hours. Maez-Schaack has a lengthy record, with more than 30 arrests throughout his adult life, according to the release. At sentencing, he was deemed a habitual offender, which is a status that allows for harsher penalties. Though Class C felonies traditionally have maximum five-year sentences, Maez-Schaack was sentenced to 10 years in prison. Six years were suspended, leaving four to serve with the North Dakota Department of Corrections and Rehabilitation. After release, he will be on supervised probation for two years. If he violates any conditions during this time, he will be at risk of serving the remaining six years in prison. He has credit for 291 days served.
Yahoo
01-04-2025
- Politics
- Yahoo
Prison sentencing bill revised, adds study of North Dakota justice system
Rep. Lawrence Klemin, R-Bismarck, leads a meeting of the House Judiciary Committee on March 24, 2025. (Kyle Martin/For the North Dakota Monitor) A committee passed amendments and removed a key provision in a contentious prison sentencing bill Monday. The House Judiciary Committee still gave Senate Bill 2128 a do-not-pass recommendation. Committee chair Rep. Lawrence Klemin, R-Bismarck, who authored some of the amendments to the bill, said it wasn't clear how the changes would affect the cost estimate of the bill. Klemin said his intention was that a new cost estimate would be generated for the bill. North Dakota attorney general calls for more prison time; opponents say spend more on police The original intent of the bill, which came from North Dakota Attorney General Drew Wrigley's office, was to ensure that criminals housed by the North Dakota Department of Corrections and Rehabilitation spend more of their sentence behind bars. The fiscal note tied to the original bill estimated the cost to the state at $22.7 million in the 2025-27 biennium and $21.3 million for the following two years. North Dakota's prison system is already overcrowded and Rep. Steve Vetter, R-Grand Forks, wondered how the original bill could be workable. 'Where are these people going to go?' Vetter asked, adding that there is no plan to build more prison space. Colby Braun, director of the Department of Corrections and Rehabilitation, has contended that the original bill would cut off access to rehabilitation programs and halfway houses. The amendments remove a key provision requiring that offenders serve at least 50% of their sentence behind bars before being eligible for a halfway house or parole. The amendments include ensuring that prisoners are eligible to go into a halfway house for the last six months of their sentences and adding money for electronic monitoring bracelets and penalties for tampering with an electronic monitoring device. The amendments passed on a 8-5 vote. A do-not-pass recommendation made by Rep. Bill Tveit, R-Hazen, passed 9-5. Tveit resisted the Klemin amendments as continuing a soft-on-crime policy and said the state can afford the costs of sending prisoners to another state if North Dakota doesn't have room. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The amended bill gives Legislative Management the option to study parole and the state corrections system. 'The parole board is a really big player and we haven't heard from them,' Klemin said. Klemin said the amended bill could be a bridge until the studies could provide legislators with more guidance. The bill still includes additional penalties for fleeing and assaulting officers. The amendments will need to be approved on the House floor. If approved the bill will likely be heard in the House Appropriations Committee next week, according to committee chair Rep. Don Vigesaa, R-Cooperstown. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
06-02-2025
- Politics
- Yahoo
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. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
06-02-2025
- Politics
- Yahoo
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. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SUPPORT: YOU MAKE OUR WORK POSSIBLE
