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HB 1154

AN ACT to amend and reenact subsection 1 of section 23-09.3-01.1 and subsection 1 of section 23-16-01.1 of the North Dakota Century Code, relating to the moratorium on basic care and nursing facility bed capacity.

69th Legislative Assembly (2025-26) Introduced by Kathy Frelich and 2 co-sponsors

HB 1154 requires the Commissioner to remove an incarcerated person from home detention immediately for any condition violation, removing discretionary, case-by-case leniency.

Filed with Secretary Of State 03/24
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Bill Summary · HB 1154

Summary — HB 1154: Correctional Services — Home Detention — Removal

Status: Hearing scheduled 3/04 at 1:00 p.m.; introduced Nov 12, 2024.
Statute amended: Article — Correctional Services, §3‑413.
Effective date in bill text: October 1, 2025.

Main purpose

Require the Commissioner of Correction (or the Commissioner’s designee) to remove an incarcerated person from the Division of Correction (DOC) home detention program when that person violates a condition of their placement. The bill replaces existing discretionary authority ("may remove") with a mandatory requirement ("shall remove") for violations.

Key provisions

  • Amends §3‑413 of the Correctional Services Article to change the Commissioner’s authority from permissive to mandatory:
    • Current law: the Commissioner or designee “may” remove a participant from home detention “at any time and for any reason.”
    • Under HB 1154: the Commissioner or designee “shall remove” an incarcerated individual from the program for violating a condition of placement.
  • No other program eligibility rules, supervision requirements (electronic monitoring; approved dwelling; restricted movement), or fee/restitution provisions are altered by this bill text.
  • Existing criminal penalties remain applicable: willful violation of program conditions is a misdemeanor (up to 1 year imprisonment); knowingly violating movement restrictions may be prosecuted as escape (up to 10 years and/or $20,000 fine).

Who would be affected

  • Primary: incarcerated individuals participating in DOC’s home detention program.
  • Administrative: Commissioner of Correction and DOC staff who supervise and make placement/removal decisions.
  • Indirect: courts, parole and release processes (the bill does not change parole/diminution eligibility rules), and victims if revocations alter custody status.

Fiscal and operational effects

  • Fiscal Note (Dept. of Legislative Services): converting discretionary removals into mandatory removals limits DOC’s ability to use graduated sanctions for minor violations, but the change is not expected to have a material fiscal impact on State or local finances. No small business impact.
  • Operationally, DOC must follow a mandatory removal policy for any condition violation, which could increase formal revocations or returns to secure custody depending on enforcement practice.

Procedural/timeline notes

  • Bill text lists an October 1, 2025 effective date.
  • Relevant statute to be updated: Correctional Services §3‑413.
  • Stakeholders likely to weigh implementation concerns (use of graduated sanctions, clarity on what constitutes a removable “violation,” and administrative capacity to process removals).

Considerations

  • The bill narrows administrative discretion, increasing predictability but reducing flexibility to respond proportionally to minor or technical violations.
  • Practical effects will depend on DOC’s definitions of program conditions, internal policies, and whether courts or DOC retain any role in review of removal decisions.

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

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