North Dakota law lets counties pause cases and connect people to care

A county state's attorney may run a program that pauses prosecution. Each county that starts a program must set written guidelines and minimum eligibility rules. The state's attorney and defendant must agree, and the court must approve the pause after considering crime victims' rights. The case is dismissed under court rules only if the defendant commits no new criminal offense during the agreement. The pause lasts for the period agreed to by the prosecutor and defendant.

Local agencies may establish a process to connect people with behavioral health needs to assessment, services, or treatment. It covers people with a mental health or substance use condition, whether or not criminal activity is involved. The process must include a law enforcement agency and a behavioral health provider, with screening, case management, follow-up, training, and data review. Criminal activity is excluded if it involves bodily injury to another person or damage to personal property. A local hospital mental health professional may hold a referred person for treatment for up to 72 hours.

The corrections department must run a three-county diversion supervision pilot and report on it. The department has authority to supervise people in prosecution-led or other pretrial diversion and pretrial services programs; the pilot is for prosecution-led diversion in three selected counties. The department must select three counties and contract with outside providers to supervise participants, monitor them, and connect them with services. The department must work with state and county agencies, attorneys, correctional facilities, and treatment providers to develop program guidelines and procedures. The pilot runs during the period from July 1, 2025, through June 30, 2027, and must begin by January 1, 2026. The report is due before January 1, 2027.

The law sets aside one-time money for the pilot, treatment services, and a pretrial services study. The funding supports pilot supervision, treatment for diversion participants, and a study of pretrial services. The corrections department receives up to $1 million for a staff position and provider contracts for the pilot; Health and Human Services receives up to $750,000 for treatment services. The corrections department receives up to $55,000 for consulting services for the study. Legislative Management is to consider studying pretrial services costs, savings, and outcomes. The one-time funding is for the two-year period from July 1, 2025, through June 30, 2027. Legislative Management may study pretrial services during the 2025–26 interim and must report findings and recommendations to the 2027 Legislature.