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SB 2365

A BILL for an Act to amend and reenact section 54-12-30 of the North Dakota Century Code, relating to twenty-four seven sobriety program fees.

69th Legislative Assembly (2025-26) Introduced by Ryan Braunberger and 4 co-sponsors

The bill requires offenders to pay specified twenty‑four seven sobriety program fees, bars judicial waivers, and directs collected funds to the program’s operations and related cos

Second reading, failed to pass, yeas 42 nays 49
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WeVote Research Nonpartisan
Bill Summary · SB 2365

Summary — SB 2365 (North Dakota): Amend § 54‑12‑30 — Twenty‑Four Seven Sobriety Program Fees

Status: Introduced March 12, 2025. Second reading — failed to pass (yeas 42, nays 49).

Purpose

To clarify and limit waiver authority for fees charged to offenders who participate in the state’s "twenty‑four seven" sobriety program and to specify how collected fees are to be deposited and used to support the program.

Key provisions

  • Amends and reenacts North Dakota Century Code § 54‑12‑30 governing fees for the twenty‑four seven sobriety program.
  • Authorizes criminal justice agencies to collect program fees from offenders for services including:
    • Twice‑daily breath alcohol testing
    • Urine testing
    • Drug patch testing
    • Installation and deactivation of remote electronic alcohol monitoring (REAM) devices
    • Daily REAM device fees
  • Prohibits a district court judge or judicial referee from waiving program fees for offenders participating in the program. (Earlier draft language would have required the clerk of court to reimburse agencies when a judge/referee reduced or waived fees; the bill as amended removes that waiver authority.)
  • Requires criminal justice agencies to remit all collected program fees into the general fund of the governing body.
  • Restricts uses of the fees to twenty‑four seven sobriety program support services, equipment maintenance and replacement, and program compliance.
  • Directs the governing body to pay any daily fees collected for remote electronic alcohol monitoring into the twenty‑four seven sobriety program fund.

Who is affected

  • Offenders ordered into the twenty‑four seven sobriety program — they may be required to pay the listed testing and monitoring fees.
  • Criminal justice agencies that administer the program — gain explicit authority to collect specified fees and must remit them as directed.
  • District court judges and judicial referees — lose the ability to waive these program fees under the bill’s language.
  • Local governing bodies and funds — receive fee revenue (general fund and the dedicated 24/7 program fund) and must apply revenues only to program‑related costs.

Potential impacts

  • Revenue: provides a clearer, dedicated revenue stream to support program operations, equipment upkeep, and compliance activities.
  • Access and equity: by prohibiting fee waivers, the bill could increase financial burdens on low‑income participants and may affect program accessibility and compliance rates.
  • Judicial discretion: removes ability of judges/referees to waive fees, shifting fee‑relief decisions away from the court.

Procedural/timeline notes

  • Bill introduced March 12, 2025. The recorded status provided with this request indicates the bill failed on second reading (42–49). Multiple draft versions and committee actions appear in the record; the language summarized here reflects the amended text that bars fee waivers and specifies fee disposition.

Compiled from official sources — confirm details with the bill’s official record.

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