All Roll Calls
Yes: 172 • No: 60
North DakotaHB 14252025 Regular SessionHouse
AN ACT to create and enact a new section to chapter 11-16, a new chapter to title 12, and two new sections to chapter 54-23.3 of the North Dakota Century Code, relating to prosecution-led diversion programs, deflection process, and supervision for presentence programs; to provide for a legislative management study; to provide for a legislative management report; and to provide an appropriation.
Sponsored By: Lawrence R. Klemin (Republican)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 0 costs, 2 mixed.
State studies pretrial costs and savings
Legislative Management must study pretrial service costs, savings, and ways to reinvest savings during the 2025–26 interim. The study covers jail admissions, detention costs, participants' medical costs, missed court appearances, repeat offenses, and treatment participation. It must identify reinvestment options for counties, courts, and state agencies to improve re-entry and public health. Findings, recommendations, and proposed legislation must go to the 70th Legislative Assembly. The law provides the corrections department $55,000 for study consultants from July 1, 2025, through June 30, 2027. This is one-time funding from the Strategic Investment and Improvements Fund, not a household payment.
Three counties test funded diversion support
The Department of Corrections and Rehabilitation must establish a diversion supervision pilot in three counties it selects. The pilot covers July 1, 2025–June 30, 2027, with implementation required by January 1, 2026. Starting July 1, 2025, the department must develop guidelines with health officials, county representatives, prosecutors, indigent-defense officials, jails, and treatment providers. It must contract with outside providers, in partnership with pilot counties, for supervision, monitoring, and service connections. The law provides $1 million for one full-time staff position and provider contracts; funded staff must prioritize the pilot. It also provides $750,000 to the Department of Health and Human Services for diversion participants' treatment. Both appropriations are one-time funding from the Strategic Investment and Improvements Fund for July 1, 2025–June 30, 2027. The department and pilot counties must report processes and outcomes to Legislative Management before January 1, 2027, and may recommend changes.
Defendants gain diversion with possible supervision
North Dakota county prosecutors can create diversion programs, with written guidelines and minimum eligibility rules. Prosecutors and defendants must agree to pause prosecution, courts must approve, and prosecutors must consider victims' rights. The case is dismissed under Rule 32.2 if the defendant commits no new crime during the agreement period. The Department of Corrections and Rehabilitation can supervise participants in these programs, other Rule 32.2 diversion programs, and other pretrial services.
Treatment alternatives include possible hospital holds
Local governments, police, and first responders can partner with licensed providers to offer treatment instead of jail or charges. This process serves people with mental health or substance use disorders, whether or not criminal activity is involved. It excludes crimes involving bodily injury to another person or damage to personal property. Officers can transport or refer people to hospitals, detox centers, community behavioral health centers, or other suitable treatment sites. A Tier 1b mental health professional at a local hospital can hold someone for treatment for up to 72 hours. Programs must include police and behavioral health providers, screening, assessment, case management, treatment connections, follow-ups, and staff training. They must collect participant demographics, referral counts, and time from first contact to treatment. Performance tracking must measure treatment engagement within 30 days, length of treatment involvement, and later police contacts.
Sponsors & Cosponsors
Sponsor
Lawrence R. Klemin
Republican • House
Cosponsors
Karla Rose Hanson
Democratic • House
Gregory Stemen
Republican • House
Kyle Davison
Republican • Senate
Diane Larson
Republican • Senate
Roll Call Votes
House vote • 4/21/2025
Second reading, passed, yeas 65 nays 28
Yes: 65 • No: 28
Senate vote • 4/14/2025
Second reading, passed as amended, yeas 38 nays 9
Yes: 38 • No: 9
House vote • 2/25/2025
Second reading, passed, yeas 69 nays 23
Yes: 69 • No: 23
Actions Timeline
Filed with Secretary Of State 04/29
5/1/2025HouseSigned by Governor 04/29
5/1/2025HouseSent to Governor
4/25/2025HouseSigned by Speaker
4/25/2025HouseSigned by President
4/22/2025SenateSecond reading, passed, yeas 65 nays 28
4/21/2025HouseConcurred
4/21/2025HouseReturned to House (12)
4/14/2025HouseSecond reading, passed as amended, yeas 38 nays 9
4/14/2025SenateAmendment adopted, placed on calendar
4/14/2025SenateReported back amended, do pass, amendment placed on calendar 14 2 0
4/11/2025SenateRereferred to Appropriations
3/28/2025SenateAmendment adopted
3/28/2025SenateReported back amended, do pass, amendment placed on calendar 5 2 0
3/27/2025SenateCommittee Hearing 09:00
3/19/2025SenateIntroduced, first reading, referred Judiciary Committee
3/7/2025SenateReceived from House
2/25/2025SenateSecond reading, passed, yeas 69 nays 23
2/25/2025HouseReported back, do pass, place on calendar 21 2 0
2/24/2025HouseRereferred to Appropriations
2/11/2025HouseAmendment adopted
2/11/2025HouseReported back amended, do pass, amendment placed on calendar 9 5 0
2/10/2025HouseCommittee Hearing 09:00
2/5/2025HouseIntroduced, first reading, referred Judiciary Committee
1/13/2025House
Bill Text
Enrollment
FIRST ENGROSSMENT
FIRST ENGROSSMENT with Senate Amendments
INTRODUCED
Prepared by the Legislative Council staff for Representative Klemin
Prepared by the Legislative Council staff for Senate Appropriations Committee
Prepared by the Legislative Council staff for Senator Castaneda
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