[in justice]
[in justice]
SNAPSHOT OF CRIMINAL JUSTICE REFORM IN NORTH DAKOTA
Nationwide, the last few decades have seen an increase in both jail and prison incarceration. North Dakota was no stranger to these effects and has also seen dramatic increases in incarceration, especially during the recent oil boom era. Based on an increasing demand for prison space, the North Dakota legislature has undertaken a number of criminal justice reforms in 2017. The legislature began this process by undertaking a data gathering process spearheaded by the Council of State Governments (CSG). The data collected from CSG reflect trends from both county jails and the North Dakota state penitentiary. The ultimate conclusion was the criminal justice system is a poor substitute for local mental health and chemical treatment options. CSG further concluded that if individuals could be kept out of incarceration, then the money spent by the government on incarceration could be redirected to treatment programs, which would then create better outcomes for the defendant and society in general.
By Aaron Birst
The criminal justice system is a poor substitute for local mental health and chemical treatment options.
In accordance with those principles, the legislature offered many bills in 2017 that contained modifications to North Dakota’s criminal justice statutes. The primary bills that accomplished these goals are found in House Bills 1041, 1269, 1270, and 1341. The thrust of these bills’ impact can be categorized as reduction to drug penalties and increased use of probation. House Bill 1041, for example, reduces all “personal use” drugs for first offenders to misdemeanors, regardless of the type of drug. Those engaged in manufacturing or distribution of drugs would also see a penalty level drop and reduced minimum mandatory sentences. Additionally, starting January 2018, almost all misdemeanor and C-felony (lowest felony category) offenses will be mandated probation only for first-time offenders. This means first-time offenders doing things such as heroin, aggravated assault, or low-level thefts could not be sentenced to any incarceration, at least initially. The legislature also appropriated seve million dollars for pilot treatment programs handled at the local level.
What effect these bills will have on criminal activity or the state’s or counties’ bottom lines is too early to tell. Regardless of the effects of such legislation, the ultimate question that must be solved is how society can maintain safety for its populations while at the same time making sure the underlying issues that may have caused or at least contributed to the unwanted conduct is addressed. l
AARON BIRST graduated with distinction in 2001 from the University of North Dakota School of Law. Currently, Birst is legal counsel for the Association of Counties. Additionally, he serves as the executive director for the North Dakota State’s Attorneys Association and works on a contract for the Department of Transportation to provide support to law enforcement and prosecutors in the area of traffic safety. Previously, Birst was a prosecutor in both Cass and Stutsman Counties, where he practiced criminal law.
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