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HB 1061

Crimes and punishments; making certain acts unlawful; codification; effective date.

2025 Regular Session Introduced by Ken Luttrell and 1 co-sponsor

Strengthens North Dakota victims' rights by requiring timely notice of custody releases and enabling confidential, optional victim input in parole and pardon decisions.

Referred to Criminal Judiciary
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Bill Summary · HB 1061

Summary — HB 1061 (North Dakota)

AN ACT to amend and reenact subsections 17 and 18 of section 12.1‑34‑02 of the North Dakota Century Code, relating to fair treatment of victims

Status: Filed with Secretary of State (03/24). Introduced: Nov 12, 2024. Sponsor: Judiciary Committee (at request of Dept. of Corrections & Rehabilitation). Passed both chambers (House vote 86–2; Senate vote 47–0) per enrolled version.

Purpose / Intent

To clarify and strengthen victim notification and participation rights under North Dakota’s “fair treatment of victims” statute. The bill updates requirements for (1) prompt notice to victims and witnesses about custodial releases and transfers, and (2) victim participation and confidentiality in parole and pardon proceedings.

Key provisions

  • Prompt notice of custodial release (subsection 17, amended)

    • Registered victims and witnesses must be informed whenever a criminal defendant receives a temporary, provisional, or final release from custody or escapes.
    • The same notice requirement applies to victims/witnesses who are not registered (custodial authority must provide notice).
    • Notification must explicitly include transfers to: work‑release or education release programs, community residential programs, or mental health facilities.
    • Notices must be provided within a “reasonable time” prior to release or transfer, and by any means reasonably calculated to provide prompt notice.

  • Participation in parole/pardon decisions (subsection 18, amended)

    • Victims may submit written statements for consideration by the parole board, the governor, or a pardon advisory board before action on parole/pardon requests.
    • Victim statements and testimony submitted under this subsection are confidential and may be disclosed only to the parole board, the governor, the pardon advisory board, or their authorized representatives.
    • Victims of violent crimes may, at the discretion of the deciding authority, personally appear and address the parole board/governor/pardon advisory board.
    • The parole board (or pardon clerk/authorized representative) must notify registered victims of pending reviews and must provide notice of the decision and any pardon advisory board recommendations.
    • Notice of decisions must be provided within a reasonable time after the decision and, if applicable, before the offender’s release on parole or other forms of release (pardon, commutation, reprieve, etc.).

Who is affected

  • Primary: crime victims and witnesses in North Dakota (both registered and unregistered).
  • Secondary: custodial authorities (prisons, jails), parole board, governor’s office, pardon advisory board, prosecutors, and victim‑services offices — all must follow enhanced notification and confidentiality procedures.
  • Administrative entities (e.g., Dept. of Corrections & Rehabilitation) may need to update procedures, notification systems, and staff training.

Procedural/timeline notes

  • The bill was introduced by the Judiciary Committee at the request of the Department of Corrections & Rehabilitation.
  • Committee amendments were adopted; enrolled version amends subsections 17 and 18 (earlier drafts referenced subsection 1 as well).
  • Enrolled votes indicate strong bipartisan legislative support; final filing with the Secretary of State recorded 03/24 (per provided materials).

Potential impact

  • Strengthens victims’ rights to timely information and to participate in parole/pardon processes.
  • Reinforces confidentiality protections for victim submissions.
  • Likely modest administrative costs to ensure timely notice, maintain confidentiality, and update processes; no detailed North Dakota fiscal note was provided in the supplied documents.

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

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