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.
SB2111 would change North Dakota law governing who may supervise probation in certain misdemeanor cases. 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 amend that framework by removing class B misdemeanors from the definition of “offender” in the DOCR statute and by revising the probation supervision statute so that class B misdemeanor cases are treated differently from other misdemeanor and felony cases.
The practical effect is to clarify that people convicted of class B misdemeanors are not to be placed under DOCR custody or supervision, and that any supervision ordered in those cases remains with community corrections rather than the state corrections department. The bill also updates cross-referenced Century Code provisions to align the supervision rules with that policy choice.
SB2111 would amend sections 12.1-32-07 and 54-23.3-01.1 of the North Dakota Century Code. It narrows the Department of Corrections and Rehabilitation’s role by excluding class B misdemeanor convictions from the statutory definition of “offender” and by reinforcing that supervised probation for class B misdemeanors is handled through community corrections programs, not DOCR. The bill would affect courts, probation administrators, community corrections programs, and defendants convicted of class B misdemeanors by preserving a local/community-based supervision model for those lower-level offenses.
The available record shows no committee transcript or recorded vote, so there is no detailed public debate to gauge. The bill was introduced by the Judiciary Committee at the request of the Department of Corrections and Rehabilitation, which suggests administrative support for the change. However, the bill ultimately failed on January 15, 2025, indicating it did not secure enough legislative support to advance.
The main policy issue appears to be the proper level of state involvement in supervising class B misdemeanor probation. Supporters likely viewed the bill as a technical clarification that keeps low-level misdemeanor supervision with community corrections and out of the state corrections system. Any opposition would likely have centered on whether the change was necessary, whether it could affect supervision consistency or resources, and whether excluding class B misdemeanors from the DOCR definition could create confusion in related statutes. Because there are no transcripts, the specific arguments and sponsors of any opposition are not documented in the provided record.