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HB 1231

An Act amending the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act, further providing for State Board of Social Workers, Marriage and Family Therapists and Professional Counselors.

2025-2026 Regular Session Introduced by Heather Boyd and 12 co-sponsors

Allows low-risk sex offenders with seven years of compliant registration to petition a court to be relieved from registry duties, with safeguards and a study.

Referred to State Government
0
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Bill Summary · HB 1231

HB 1231 — Summary

Title: An Act to provide for a legislative management study relating to early discontinuation of registration for low‑risk sex offenders (creates NDCC § 12.1‑32‑15.1)

Main purpose

The bill would (1) create a statutory mechanism allowing some sex offenders assessed as “low‑risk” to petition a court to be relieved of the duty to register after a period of compliance, and (2) direct the Legislative Management to conduct an interim study (2025–26) analyzing the impacts and framework for early discontinuation of registration and to report recommendations (including implementing legislation) to the Seventieth Legislative Assembly.

Key provisions

  • Establishes NDCC § 12.1‑32‑15.1:

    • A sexual offender who has been assigned a low‑risk level by the Attorney General may petition the sentencing or district court to be relieved of the registration duty after seven years of registration.
    • The petitioner must serve the petition on the county state's attorney; the state's attorney must mail a copy to the victim of the last offense when the victim's address is reasonably available.
    • The court may grant relief only if it finds:
    • the offender “maintained a clean record” during the registration period (defined as no felony convictions, no sexual offense convictions, successful completion of supervised release/probation/parole without revocation, and successful completion of any court‑ordered sex offender and other court‑ordered treatment); and
    • continued registration is not necessary for public protection and relief is in the best interests of society.
    • Hearing access: the offender may move to close all or part of the hearing; if closed, the victim may still be present unless excluded for privacy or safety reasons; victims may bring a support person unless exclusion is necessary to protect offender privacy.
    • Application clause: the statute would apply to offenders who have complied with registration for seven years before the effective date or who reach seven years after the effective date.

  • Legislative Management Study (2025–26 interim):

    • Study impacts on public safety, victims, risk assessment entities, law enforcement, offenders, and other stakeholders.
    • Analyze frameworks for petition submission/review, victim‑advocate inclusion, eligibility criteria (including which registrable offenses make offenders eligible/ineligible), appropriate registration length before petitioning, effects of victim/offender age differences, end‑of‑life care considerations, and other relevant factors.
    • Report findings, recommendations, and draft implementing legislation to the Seventieth Legislative Assembly.

Who would be affected

  • Primary: sex offenders designated as low‑risk who have complied with registration for seven years.
  • Secondary: victims (notification and participation rights), courts, county state's attorneys, law enforcement (registry administration and monitoring), the sex offender risk assessment committee, and the general public (public safety considerations).

Procedural / timeline notes

  • The statutory petition option requires seven years of prior registration compliance.
  • The study is to be conducted by Legislative Management during the 2025–26 interim, with a report and recommended legislation to the Seventieth Legislative Assembly.
  • Status (as provided): Second reading — failed to pass (yeas 36, nays 54). (If enacted, the application clause would cover offenders who had seven years of compliance before the effective date or who reach seven years afterward.)

Potential implications (summary)

  • Would create a court‑supervised pathway for some low‑risk registrants to be removed from the registry, balancing reintegration objectives with victim and public safety concerns.
  • Would require administrative adjustments for courts, prosecutors, victim‑notification systems, and registry management.
  • The mandated interim study aims to inform legislative design and safeguards before broader statutory adoption.

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

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