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SB 2111

A BILL for an Act to amend and reenact subsection 1 of section 12.1-32-07 and subsection 4 of section 54-23.3-01.1 of the North Dakota Century Code, relating to supervised probation for class B misdemeanors.

69th Legislative Assembly (2025-26)

ND SB 2111 shifts supervision of class B misdemeanor offenders from the Department of Corrections to community corrections programs, excluding B misdemeanors from DOC custody.

Second reading, failed to pass, yeas 7 nays 40
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Bill Summary · SB 2111

SB 2111 — Summary (North Dakota)

A bill to amend ND Century Code § 12.1‑32‑07(1) and § 54‑23.3‑01.1(4) — relating to supervised probation for class B misdemeanors

Main purpose / intent

SB 2111 narrows who may supervise persons placed on court‑ordered supervision for class B misdemeanor convictions. The bill seeks to remove the Department of Corrections and Rehabilitation (DOC) as an option for supervising persons convicted of class B misdemeanors and to clarify that persons convicted of class B misdemeanors are not included in the statutory definition of “offender” for DOC custody/supervision purposes.

Key provisions / changes

  • Amends § 12.1‑32‑07(1):
    • When probation is imposed for certain listed felonies, the court must place the defendant under DOC supervision. For other felonies the court may place the defendant under DOC supervision.
    • For class A misdemeanors the court may place a defendant under DOC supervision or another responsible party (status unchanged).
    • For all other class B misdemeanor cases in which the court orders supervision, the court may place the defendant only under the supervision and management of a community corrections program — not under the DOC.
    • Defines a “community corrections program” as a program for supervision of a defendant, including monitoring and enforcement of probation terms set by the court.
  • Amends § 54‑23.3‑01.1(4):
    • Revises the statutory definition of “offender” so that it does not include a person convicted of a class B misdemeanor (i.e., class B misdemeanants are excluded from the DOC custody/supervision definition).

Who is affected

  • Defendants convicted of class B misdemeanors — courts would be barred from assigning DOC supervision and would need to place supervised class B misdemeanants with community corrections programs.
  • Courts — adjust disposition orders and specify community corrections supervision for supervised class B misdemeanors.
  • Department of Corrections and Rehabilitation — would no longer supervise class B misdemeanants placed on court‑ordered supervision (potentially reducing DOC caseload).
  • Community corrections programs — likely to receive expanded supervision responsibilities and possible increased demand for resources, staffing, monitoring and enforcement capacity.
  • Probation and supervision system stakeholders (counties, local providers, state funding agencies) — may face administrative and fiscal impacts as supervision shifts away from DOC.

Potential impacts and considerations

  • Administrative/fiscal: shifting supervision to community corrections programs may require additional funding, personnel, training, or contractual arrangements to absorb newly supervised individuals.
  • Public safety and recidivism: supervision model and resources allocated to community corrections will influence outcomes (compliance, recidivism, service delivery).
  • DOC workload: reduced supervisory responsibilities for lower‑level misdemeanants could allow DOC to focus resources on higher‑risk populations.
  • Court practice: reduces court discretion to assign DOC supervision for class B misdemeanors (court still retains discretion to order supervision generally).

Legislative timeline & current status

  • Introduced: March 10, 2025 (by the Judiciary Committee at the request of the Department of Corrections and Rehabilitation).
  • Legislative action: advanced through the Legislative Assembly (committee and floor actions are recorded in the bill history).
  • Final action: Vetoed by the Governor on June 22, 2025.

(Statutory references and language summarized are drawn from the bill text amending ND Cent. Code §§ 12.1‑32‑07(1) and 54‑23.3‑01.1(4).)

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

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