HB 1041 - North Dakota Criminal Justice Reform

• Establishes presumptive probation for Class C felony and Class A misdemeanor offenses effective January 1, 2018, unless involving domestic violence, sex offenses, firearms, or mandatory incarceration; courts may impose prison sentences only upon finding aggravating factors.

• Modifies sentence reduction credits allowing inmates to earn up to one day reduction per six days served based on performance criteria including participation in treatment programs and good conduct.

• Changes marijuana possession to Class B misdemeanor and controlled substance analog use to Class A misdemeanor for first offense (Class C felony for subsequent offenses); allows drug courts and treatment programs with early release upon completion.

• Removes the seven-year waiting period for supplemental nutrition assistance program and temporary assistance for needy families eligibility for individuals with prior drug-related felony convictions, allowing immediate eligibility.

• Authorizes department of corrections to establish a pretrial services pilot project in one or more judicial districts during 2017-2019 biennium; appropriates $110,916 in general funds and $1,532,785 in federal funds for implementation.