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.
Summary
HB 1061 updates North Dakota’s victim-notification and victim-participation provisions in the criminal justice system. It amends section 12.1-34-02 to require prompt notice to registered victims and witnesses when a defendant is temporarily, provisionally, or finally released from custody, escapes, or is transferred to work release, education release, a community residential program, or a mental health facility. It also clarifies that victims who are not registered must receive the same release notice from the appropriate custodial authority, and that notice must be given by a means reasonably calculated to provide prompt notice.
The bill also revises the rules governing victim input in parole and pardon decisions. Victims may submit written statements for consideration by the parole board, governor, or pardon advisory board, and victims of violent crimes may, at the decision-maker’s discretion, personally appear and address those bodies. The bill emphasizes confidentiality for victim statements and testimony, and requires notice to registered victims about pending review, decisions, recommendations, and any resulting release or pardon date before the offender is released from custody.
Impact
HB 1061 amends North Dakota Century Code section 12.1-34-02, strengthening and clarifying statutory rights for crime victims regarding notification and participation in release, parole, and pardon proceedings. It affects custodial authorities, the parole board, the governor, the pardon advisory board, and victim services by requiring timely notice and preserving confidentiality of victim submissions. The bill does not create a new program, but it refines existing victim-rights procedures and expands clarity around notice obligations for both registered and unregistered victims.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It passed the House 86-2 and the Senate 47-0, indicating strong agreement that the changes are consistent with victim-rights protections and administrative fairness. The absence of committee transcript discussion suggests the measure was relatively noncontroversial and treated as a technical or clarifying update to existing law.
Contention
There is no recorded committee debate or significant floor controversy in the provided materials. Any potential point of concern would likely center on the administrative burden of providing prompt notice to both registered and unregistered victims and on the discretionary nature of allowing violent-crime victims to personally address decision-makers. However, the overwhelming vote margins suggest these issues did not generate meaningful opposition during consideration.