January 17, 2025–Due Process Institute and a host of criminal legal reform organizations wrote to Madam Chair Larson and members of the Senate Judiciary Committee to express strong opposition to SB 2128. This legislation introduces punitive sentencing policies that are not only counterproductive but also impose significant budgetary, economic, and societal costs. SB 2128 undermines rehabilitation and weakens the potential of the economic workforce. The imposition of a so-called “truth in sentencing” (TIS) requirement for all sentences eliminates critical opportunities for rehabilitation and reintegration. By excluding halfway houses and transitional facilities from the definition of “corrections facilities,” this provision ensures prolonged incarceration without addressing underlying causes of criminal behavior. The opportunity of employment in transitional facilities is directly related to an individual’s risk of recidivism. Extensive research demonstrates that longer sentences do not deter crime but, by decreasing incentives for rehabilitation, instead increase recidivism rates and make prisons less safe.
Instead of enacting SB 2128, Due Process Institute urges the legislature to preserve powerful incentives for rehabilitation while incarcerated and retain judicial discretion to ensure sentences reflect the unique circumstances of each case. SB 2128 represents a regressive step in criminal justice policy that prioritizes punishment over rehabilitation at a steep cost to taxpayers and North Dakota’s overburdened prisons. Due Process Institute, FAMM, Justice Action Network, and R Street urge members of the committee to reject this bill and instead support initiatives that promote fairness, rehabilitation, and public safety.