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)

Became Law

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 4 benefits, 0 costs, 0 mixed.

County diversion agreements to earn dismissal

Each county prosecutor can set up a diversion program. The prosecutor and the defendant must agree, and the court must approve. Victims’ rights are considered before approval. If the defendant commits no new crime during the set period, the case is dismissed under Rule 32.2. Any county that runs this program must first adopt written rules and minimum eligibility.

Deflection to treatment instead of arrest

Local governments, police, or first responders can run a deflection process with licensed treatment providers. The process sends people to assessment, services, or treatment instead of jail, charges, or ER visits. Programs must screen and assess people, manage cases, arrange treatment, follow up, train staff, and track data. They must measure results, like how many start treatment within 30 days and later police contacts. Good‑faith responders and providers are protected from civil lawsuits, except for willful and wanton misconduct.

State pilot to supervise diversion cases

The Department of Corrections and Rehabilitation (DOCR) can supervise people in prosecution‑led diversion, Rule 32.2 pretrial diversion, or other pretrial services. DOCR must run a pilot supervision program in three counties from July 1, 2025 to June 30, 2027. In the first year, DOCR must work with health agencies, counties, prosecutors, defense counsel, jails, and treatment providers to set program rules. DOCR must pick the three counties and start the pilot no later than July 1, 2026. Funding includes $1,000,000 one time for seven DOCR staff and $750,000 one time for Health and Human Services to pay for treatment for participants, both for July 1, 2025 to June 30, 2027. DOCR and the pilot counties must report outcomes and recommendations to legislative management before June 30, 2027.

Study pretrial costs and savings

During the 2025–26 interim, legislative management studies pretrial service program costs and savings. The study looks at jail admissions, detention use, participant medical costs, failures to appear, recidivism, and treatment participation. It also identifies ways to reinvest savings to cut recidivism and improve public health. Findings and any proposed laws go to the seventieth legislative assembly. The law provides $55,000 one time to DOCR to hire consultants for this study for July 1, 2025 to June 30, 2027.

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

All Roll Calls

Yes: 172 • No: 60

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

  1. Filed with Secretary Of State 04/29

    5/1/2025House
  2. Signed by Governor 04/29

    5/1/2025House
  3. Sent to Governor

    4/25/2025House
  4. Signed by Speaker

    4/25/2025House
  5. Signed by President

    4/22/2025Senate
  6. Second reading, passed, yeas 65 nays 28

    4/21/2025House
  7. Concurred

    4/21/2025House
  8. Returned to House (12)

    4/14/2025House
  9. Second reading, passed as amended, yeas 38 nays 9

    4/14/2025Senate
  10. Amendment adopted, placed on calendar

    4/14/2025Senate
  11. Reported back amended, do pass, amendment placed on calendar 14 2 0

    4/11/2025Senate
  12. Rereferred to Appropriations

    3/28/2025Senate
  13. Amendment adopted

    3/28/2025Senate
  14. Reported back amended, do pass, amendment placed on calendar 5 2 0

    3/27/2025Senate
  15. Committee Hearing 09:00

    3/19/2025Senate
  16. Introduced, first reading, referred Judiciary Committee

    3/7/2025Senate
  17. Received from House

    2/25/2025Senate
  18. Second reading, passed, yeas 69 nays 23

    2/25/2025House
  19. Reported back, do pass, place on calendar 21 2 0

    2/24/2025House
  20. Rereferred to Appropriations

    2/11/2025House
  21. Amendment adopted

    2/11/2025House
  22. Reported back amended, do pass, amendment placed on calendar 9 5 0

    2/10/2025House
  23. Committee Hearing 09:00

    2/5/2025House
  24. Introduced, 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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