HB 1425 — Relating to prosecution-led diversion programs, deflection process, and supervision for presentence programs; to provide for a legislative management study; to provide for a legislative management report; and to provide an appropriation.

25.1149.02000 Sixty-ninth Legislative Assembly of North Dakota FIRSTIn ENGROSSMENTRegular ENGROSSEDSession Commencing Tuesday, January 7, 2025 HOUSE BILL NO.

1425 Introduced(Representatives by Representatives Klemin, Hanson, StemenStemen) Senators(Senators Davison, LarsonLarson) AAN BILLACT for an Act to create and enact a new section to chapter 11-16, a new chapter to title 12, and two new sections to chapter 54-23.3 of the North Dakota Century Code, relating to prosecution-led diversion programs, deflection process, and supervision for presentence programs;

and to provide for ana appropriation.legislative management report;

and to provide an appropriation.

As used in this chapter, "deflection process" means a procedure for facilitating an assessment, serviceservice, or treatment in lieu of incarceration, criminal charges, or unnecessary admissions to the emergency department whenif a peace officer or first responder is directed to Pageintervene No.with an individual with a behavioral health condition, including a substance use disorder or mental health disorder, with or without the presence of criminal activity, unless the criminal activity involves bodily injury to another human or damage to personal property.

1 25.1149.02000 Sixty-ninth Legislative Assembly intervene with an individual with a behavioral health condition, including a substance use disorder or mental health disorder, with or without the presence of criminal activity.

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The identification, screening, and assessment of its participants;participants.

Case management and treatment facilitation;facilitation.

Participant followups;followups.

Law enforcement, first responder, and treatment provider training;training.

and (3) The time between initial law enforcement interaction and treatment service;service.

and 3.

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2 25.1149.02000 Sixty-ninth Legislative Assembly Exemption from civil liability.

A local government agency, law enforcement agency, peace officer, first responder, or employee of the agency, a behavioral health provider, or a public or private entity acting in good faith, is not liable for civil damages as a result of an act or omission in providing services under this section, unless the act or omission constitutes willful and wanton misconduct.

Beginning July 1, 2025, the department shall collaborate with the department of health and human services, North Dakota association of counties, county state's attorneys, the commission on legal counsel for indigentindigents, defense, county and regional correctional facilities, and public and private treatment providers to develop guidelines and procedures for the administration of the prosecution-led diversion supervision program.

The department of corrections and rehabilitation shall implement the program no later than JulyJanuary 1, 2026.

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BeforeNO. June 30, 2027, the department, in collaboration with the three pilot counties, shall report to legislative management regarding the process and outcome of the prosecution-led diversion program and any recommendations for future legislation.

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Before January 1, 2027, the department, in collaboration with the three pilot counties, shall report to legislative management regarding the process and outcome of the prosecution-led diversion program and any recommendations for future legislation.

APPROPRIATION - DEPARTMENT OF CORRECTIONS AND REHABILITATION - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND - PROSECUTION-LED DIVERSION SUPERVISION PILOT PROGRAM - FULL-TIME EQUIVALENT POSITIONS - ONE-TIME FUNDING.

There is appropriated out of any moneys in the generalstrategic investment and improvements fund in the state treasury, not otherwise appropriated, the sum of $1,000,000, or so much of the sum as may be necessary, to the department of corrections and rehabilitation,rehabilitation for the purpose of hiring one full-time equivalent position and contracting with third-party providers for a prosecution-led diversion supervision pilot program, for the biennium beginning July 1, 2025, and ending June 30, 2027.

The fundingappropriation provided under this section is considered a one-time funding item.

APPROPRIATION - DEPARTMENT OF CORRECTIONS AND REHABILITATION - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND - PRETRIAL SERVICE PROGRAMS COST-SAVINGS STUDY - ONE-TIME FUNDING.

There is appropriated out of any moneys in the generalstrategic investment and improvements fund in the state treasury, not otherwise appropriated, the sum of $55,000, or so much of the sum as may be necessary, to the department of corrections and rehabilitation,rehabilitation for the purpose of contracting for consulting services for the study provided in section 5 of this Act, for the biennium beginning July 1, 2025, Pageand No.ending June 30, 2027.

4The 25.1149.02000appropriation Sixty-ninthprovided Legislativeunder Assemblythis andsection endingis Juneconsidered 30,a 2027.one-time funding item.

The funding provided under this section is considered a one-time funding item.

APPROPRIATION - DEPARTMENT OF HEALTH AND HUMAN SERVICES - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND - PROSECUTION-LED DIVERSION TREATMENT SERVICES - ONE-TIME FUNDING.

There is appropriated out of any moneys in the generalstrategic investment and improvements fund in the state treasury, not otherwise appropriated, the sum of $750,000, or so much of the sum as may be necessary, to the department of health and human services,services for the purpose of providing treatment services for participants in the prosecution-led diversion program, for the biennium beginning July 1, 2025, and ending June 30, 2027.

The fundingappropriation provided under this section is considered a one-time funding item.

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1425 - PAGE 4 ____________________________ ____________________________ Speaker of the House President of the Senate ____________________________ ____________________________ Chief Clerk of the House Secretary of the Senate This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No.