North Dakota House Bill HB1310

North Dakota 2025-2026 Regular Session

• Introduced: 1/13/25
• Refer: 1/13/25
• Report DNP: 2/10/25

Caption

A BILL for an Act to amend and reenact section 12.1-32-02, subsections 2 and 4 of section 12.1-32-07, sections 12.1-32-08, 29-07-01.1, and 29-26-22, subdivision h of subsection 5 of section 39-08-01, subsection 1 of section 54-12-14, subsection 16 of section 54-23.3-04, and subsection 2 of section 62.1-05-01 of the North Dakota Century Code, relating to the costs of a defendant's prosecution, the cost of a presentence investigation and report, reimbursement of indigent defense costs and expenses, the fee for the indigent defense services application, the court administration fee, and the community service supervision fee; to repeal sections 12.1-32-02.2, 27-01-10, 27-05.2-08, 27-05.2-09, and 27-05.2-10 of the North Dakota Century Code, relating to repayment of rewards paid by crimestoppers programs, the fee for crime victim and witness programs, and the court facilities improvement and maintenance fund; and to provide for application.

Summary

HB 1310 would revise several North Dakota criminal sentencing and court-cost statutes to shift more of the financial burden of criminal cases onto defendants. The bill authorizes or requires payment of prosecution costs, presentence investigation costs, indigent defense reimbursement, a $35 indigent defense application fee, probation supervision fees of at least $55 per month, a $125 to $900 court administration fee depending on offense level, and a $25 community service supervision fee. It also preserves and clarifies restitution procedures, including reimbursement for methamphetamine contamination cleanup, and allows courts to order assigned work in lieu of some monetary obligations when a defendant cannot pay. The bill also updates sentencing alternatives and probation conditions. It keeps existing options such as probation, imprisonment, restitution, treatment programs, drug court, veterans treatment docket, mental health court, and restorative justice programs, while adding or clarifying conditions such as employment, treatment, search conditions, and internet restrictions. It further provides that successful completion of an approved adult drug court program may result in waiver of unpaid fines, fees, and costs other than restitution. Several related statutes are amended to align with these changes, including provisions governing presentence investigations, treatment for impaired-driving offenses, forfeiture-related funds, and firearm forfeiture rewards. HB 1310 would also repeal several older provisions, including the statute on repayment of rewards paid by Crimestoppers-type local programs, the fee for crime victim and witness programs, and statutes tied to the court facilities improvement and maintenance fund. In practical terms, the bill would change how court-collected money is assessed, collected, and distributed, including directing some revenue to the indigent defense administration fund and the state general fund, while eliminating some existing earmarks and fee structures. The overall sentiment reflected in the vote was strongly negative: the bill failed on House second reading by a vote of 4-87. With no committee transcript available, the record does not show detailed floor debate, but the lopsided vote suggests broad opposition. The bill appears to have been viewed as a significant expansion of defendant-paid costs and court fees, which likely contributed to the lack of support. The main point of contention is the financial impact on defendants, especially indigent defendants and people on probation. Supporters may have viewed the bill as a way to recover public costs and streamline court funding, but opponents likely objected to higher mandatory fees, reimbursement obligations, and the potential burden on low-income defendants. The bill’s changes to fee allocation and repeal of certain funds and reward-repayment provisions also likely raised concerns among stakeholders tied to victim services, court administration, and local reward programs.

Impact

HB 1310 would amend multiple sections of the North Dakota Century Code governing criminal sentencing, probation, restitution, indigent defense, court fees, and related funding streams. It would increase or formalize several defendant-paid charges, require reimbursement of indigent defense and presentence investigation costs in more cases, and redirect certain fee revenues into the indigent defense administration fund, court facilities fund, and general fund. It would also repeal statutes related to local reward repayment and certain victim/witness and court facilities funding provisions, thereby changing both the assessment of criminal case costs and the distribution of collected revenues.

Sentiment

The bill received overwhelmingly unfavorable treatment in the House, failing on second reading by a vote of 4-87. No committee discussion transcript was provided, but the recorded vote indicates little legislative support. The broad defeat suggests that most members were not persuaded by the bill’s approach to shifting criminal justice costs onto defendants and altering existing fee and fund structures.

Contention

The central controversy is whether the bill unfairly increases the financial obligations of criminal defendants, particularly indigent defendants who may already struggle to pay restitution, supervision fees, and defense costs. Opponents likely viewed the mandatory fees and reimbursement provisions as punitive and difficult to collect, while any supporters likely emphasized cost recovery and funding for indigent defense and court operations. Additional tension likely surrounded the repeal of reward-repayment and victim/witness-related provisions, as well as the redistribution of fee revenue away from existing funds and programs.