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SB 2226

AN ACT to amend and reenact subsection 1 of section 54-61-01 of the North Dakota Century Code, relating to the commission on legal counsel for indigents; to provide an appropriation; and to provide an effective date.

69th Legislative Assembly (2025-26) Introduced by Jeff Barta and 5 co-sponsors

Presumes indigence for incarcerated defendants at initial appearances and funds state-paid counsel for those hearings; $463,644 for 2025–27, effective Jan 1, 2026.

Filed with Secretary Of State 04/23
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Bill Summary · SB 2226

Summary — SB 2226 (North Dakota)

Status: Filed with Secretary of State (04/23/2025). Introduced March 11, 2025. Enacted by the Sixty‑ninth Legislative Assembly; signed by Governor (04/22/2025).
Primary sponsors: Senators Sickler, Barta, Larson, Myrdal; Representatives Klemin, Satrom.

Purpose

SB 2226 amends ND Century Code § 54‑61‑01(1) to (1) expressly state that, for the purpose of setting release conditions at an initial appearance, an incarcerated individual is presumed indigent; and (2) provide a state general‑fund appropriation to the Commission on Legal Counsel for Indigents to support providing legal counsel services to incarcerated individuals at initial appearances.

Key provisions

  • Amends subsection 1 of NDCC § 54‑61‑01 to:
    • Reaffirm the Commission on Legal Counsel for Indigents’ role in developing and monitoring delivery of state‑funded counsel for indigent defendants.
    • Add: "For purposes of establishing release conditions at an initial appearance, an incarcerated individual is presumed indigent."
  • Appropriation:
    • Provides $463,644 from the state general fund (or so much as necessary) to the Commission on Legal Counsel for Indigents to fund legal counsel services for incarcerated individuals at initial appearances for the biennium July 1, 2025 – June 30, 2027.
    • Legislative documents show an earlier version/committee proposal with $615,734; the enrolled/introduced/house‑amended versions carry $463,644.
  • Effective date:
    • Section 1 (the indigence presumption) becomes effective January 1, 2026. The appropriation applies to the specified biennium.

Who is affected

  • Primary beneficiaries: incarcerated individuals appearing for initial hearings who lack means to pay counsel (they will be presumed indigent for release‑condition determinations).
  • Commission on Legal Counsel for Indigents: receives funding and implements/expands counsel coverage at initial appearances under its standards and policies.
  • Courts and prosecutors: may see modified procedures and burdens at initial appearances because of the statutory presumption of indigence.
  • Counties/local governments: potential administrative interaction changes; state appropriation is intended to cover additional counsel services rather than shifting costs locally.

Procedural / timeline highlights

  • Introduced March 11, 2025; committee consideration and public hearing occurred in April 2025.
  • Passed both chambers (Senate vote: 47–0; House vote: 88–4) in April 2025.
  • Signed by Governor April 22, 2025; filed with Secretary of State April 23, 2025.
  • Indigence presumption operative January 1, 2026; appropriation covers July 1, 2025 – June 30, 2027.

Potential impacts / considerations

  • Operational: funds are intended to facilitate counsel presence at initial appearances, which may lead to more represented detainees at early detention/bail hearings.
  • Legal/procedural: the presumption of indigence at initial appearance changes the starting point for release decisions where ability to pay for counsel previously could have been a factor.
  • Fiscal: $463,644 state general‑fund appropriation for the 2025–27 biennium to the Commission; actual program costs may vary and could affect future budget requests.

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

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