SB 2128 — Relating to transparent sentencing of criminal offenders, transfer of persons between correctional facilities, work release eligibility and conditions for criminal offenders, sentences for assaulting and fleeing from law enforcement officers, and sentences for preventing arrest; to provide a legislative management report; to provide a penalty; and to provide for application.

25.8109.0200025.8109.03000 Sixty-ninth Legislative Assembly of North Dakota FIRSTSECOND ENGROSSMENT ENGROSSEDREENGROSSED SENATE BILL NO.

and to provide a penalty.penalty;

and to provide for application.

1 25.8109.0200025.8109.03000 Sixty-ninth Legislative Assembly required or provided for under this chapter.

"Transitional facility" means ana organizationhalfway house, assessment center, re-entry facility, transitional living facility, or similar facility, operating under contract, in partnership with, or under the direction of the department of corrections and rehabilitation or a correctional facility, which offers education, counseling, or other programs, with unsecured or minimum security housing, for offenders.

2 25.8109.0200025.8109.03000 Sixty-ninth Legislative Assembly SECTION 2.

The director of the department of corrections and rehabilitation may participate in programs in which eligibleoffendersan offendersoffender committed to the legal and physical custody of the department may be gainfully employed or participate in an educational or other rehabilitation program either in or outside facilitiesfacilitiesin the facility under the control of the department.department in which the offender resides.

In areas where facilities are not within reasonable proximity of the place of employment or training of an eligible offender so released, the director may arrange for the housing of the offender in local confinement facilities.

3 25.8109.0200025.8109.03000 Sixty-ninth Legislative Assembly 3.

4 25.8109.0200025.8109.03000 Sixty-ninth Legislative Assembly criteria for which revocation of approval to participate in release programs is mandatory.

5 25.8109.0200025.8109.03000 Sixty-ninth Legislative Assembly SECTION 6.

6 25.8109.0200025.8109.03000 Sixty-ninth Legislative Assembly 2.

c.3.

A conviction under subdivision a of subsection 2 carries a penalty of at least thirty days' imprisonment and, if there is an underlying conviction, the imprisonment must be consecutive to any sentence of imprisonment for the underlying conviction.

7 25.8109.0200025.8109.03000 Sixty-ninth Legislative Assembly a.

8 25.8109.0200025.8109.03000 Sixty-ninth Legislative Assembly offenses, and who receives a sentence of imprisonment is not eligible for release from confinement on any basis until eighty-five percent of the sentence imposed by the court has been served or the sentence is commuted.

Notwithstanding subsection 4, this section does not apply to a sentence imposed upon revocation of probation.For purposes of this section "confinement" does not include placement or residence in a transitional facility, halfway house, or othersimilar organization or facility, operating under contract, in partnership with, or under the direction of the department of corrections and rehabilitation or other correctional facility, thatwith offersunsecured education, counseling, or other programs, with minimum security housing,housing. for offenders.

Page5. No.

9Notwithstanding 25.8109.02000subsection Sixty-ninth4, Legislativeplacement Assemblyor SECTIONresidence 11.at the James River correctional center, Missouri River correctional center, Heart River correctional center, or Dakota Page No.

9 25.8109.03000 Sixty-ninth Legislative Assembly women's correctional and rehabilitation center, or county jail is "confinement" for purposes of this section, provided the order to place the inmate in the center or jail is approved by an identifiable employee of the department of corrections and rehabilitation after the employee determines, with reasonable certainty, the placement will not pose a danger to the public.

SECTION 11.

4.Page No.

10 25.8109.03000 Sixty-ninth Legislative Assembly 4.

SECTION 12.

APPLICATION.

Sections 1, 2, 3, 4, 5, 6, 9, and 10 of this Act apply to individuals who are charged after July 31, 2025, with violations subject to the provisions of this Act.

1011 25.8109.0200025.8109.03000