A BILL for an Act to amend and reenact subsection 1 of section 12.1-32-07 and subsection 4 of section 54-23.3-01.1 of the North Dakota Century Code, relating to supervised probation for class B misdemeanors.
Summary
SB 2111 would have changed North Dakota law governing probation supervision for class B misdemeanors. Under current law, when a court orders supervision in a class B misdemeanor case, supervision must be handled by a community corrections program rather than the Department of Corrections and Rehabilitation (DOCR). The bill would have amended the probation statute to reflect that limitation more clearly and would also have revised the statutory definition of “offender” to exclude people convicted of class B misdemeanors from DOCR offender status.
In practical terms, the bill would have kept class B misdemeanor probationers outside the DOCR supervision system and reinforced that they are to be supervised locally, through community corrections, if supervision is ordered at all. It would have affected the probation and corrections statutes in Chapters 12.1 and 54-23.3 of the North Dakota Century Code, narrowing the role of the state corrections department for this category of lower-level offenses.
Impact
The bill would have amended section 12.1-32-07 to specify that class B misdemeanor cases, when supervised, may only be placed under a community corrections program and not under DOCR supervision. It also would have amended section 54-23.3-01.1 to exclude class B misdemeanor convictions from the definition of “offender” for purposes of DOCR custody and supervision. The main legal effect would have been to codify and reinforce the separation between state-level corrections supervision and local community corrections for class B misdemeanors.
Sentiment
The bill appears to have had limited support and ultimately failed on the Senate floor. The recorded vote was 7 yeas to 40 nays on second reading, indicating broad opposition. Because there were no committee transcripts provided, the available record suggests the measure did not generate enough support to advance, despite being introduced by the Judiciary Committee at the request of the Department of Corrections and Rehabilitation.
Contention
The likely point of contention was whether the Department of Corrections and Rehabilitation should have any role in supervising class B misdemeanor probationers, versus leaving that responsibility entirely to community corrections programs. Supporters likely viewed the bill as a clarification of existing practice and a way to align the offender definition with supervision rules. Opponents likely objected to the statutory change itself, possibly because it was unnecessary, too restrictive, or could affect local supervision practices and sentencing administration.