Summary — North Dakota HB 1313 (2025)
Title: AN ACT to amend and reenact subsection 1 of section 12.1‑32‑02 and subdivision h of subsection 5 of section 39‑08‑01 of the North Dakota Century Code, relating to sentencing alternatives and the sentencing of a defendant to an addiction treatment program for a violation of driving under the influence; and to provide for application.
Status & Key Dates
- Introduced: November 13, 2024
- Passed both chambers with unanimous/overwhelming support (House recorded 89–0; Senate recorded 47–0 in enrollment materials).
- Enrolled/transmitted to Governor in March 2025 and filed with the Secretary of State (noted 03/24/2025).
- Applies to court orders or criminal sentences imposed after the bill’s effective date (per Section 3 of the Act).
Purpose / Intent
- To clarify and expand sentencing alternatives to expressly include ordering defendants into appropriate licensed addiction‑treatment programs, and to authorize courts to credit time spent in such treatment toward sentences for certain offenses — specifically addressing sentencing options in DUI convictions where an addiction evaluation recommends treatment.
Major Provisions
1. Sentencing Alternatives (NDCC § 12.1‑32‑02(1))
- Confirms that courts must impose one or a combination of enumerated sentencing alternatives (e.g., payment of prosecution costs, probation, imprisonment, fines, restitution, no‑contact orders, restorative justice, drug court, veterans docket, mental health court).
- Explicitly lists “commitment to an appropriate licensed public or private institution for treatment of alcoholism, drug addiction, or mental disease or defect” among the alternatives (subdivision g/h).
- Retains limits on sentence duration and other existing constraints.
- DUI Sentencing & Treatment (NDCC § 39‑08‑01(5)(h))
- If a DUI (or equivalent local ordinance) conviction carries imprisonment/placement and an addiction evaluation indicates the defendant needs treatment, the court may order the defendant to undergo treatment at an appropriate licensed addiction treatment program (referencing the sentencing alternatives in § 12.1‑32‑02).
- Time a defendant spends in that ordered treatment must be credited as part of the sentence of imprisonment or placement.
- A court may not require the Department of Corrections and Rehabilitation to pay for treatment in a private treatment facility.
Who is Affected
- Defendants convicted of crimes (generally) — specifically DUI defendants for whom addiction evaluations recommend treatment.
- Trial judges and sentencing courts — gain explicit authority to order and credit treatment as part of sentencing.
- Correctional and treatment systems — community, public and private licensed treatment providers may receive court‑ordered referrals; the Department of Corrections is explicitly not liable for private treatment facility costs when so ordered.
- Victims and communities indirectly benefit from sentencing options emphasizing treatment and rehabilitation.
Procedural / Implementation Notes
- The Act applies prospectively to court orders and sentences imposed after its effective date.
- Courts must follow existing statutory limits on sentence duration and other statutory sentencing rules; the change does not create unconditional discharge options.
- Implementation will rely on availability of licensed treatment programs (public or private) and on local courts’ use of addiction evaluations when determining sentencing and treatment needs.
