The Senate Judiciary Committee recommended a do-pass on House Bill 1033, an enabling bill that allows the state and federal government to enter agreements giving North Dakota juvenile courts concurrent jurisdiction over juvenile offenses occurring on federal military installations.
Representative Lawrence Clameen, sponsor, said the bill is modeled on Colorado law and was developed at the request of the Department of Defense. "The bill would allow the state of North Dakota and the federal government to enter into an agreement for the state to handle the prosecution of juvenile offenses committed on military installations," Clameen said. He emphasized the bill is permissive: it does not require the state to assume jurisdiction, but makes it legally possible.
Samantha Slaney of the Department of Defense explained the purpose: federal exclusive jurisdiction for some bases creates a gap where federal prosecutors may decline juvenile cases and local prosecutors lack authority. Slaney described three common approaches that memorandum language can reflect: (1) state assumes juvenile processing by default, (2) state and federal authorities must agree case-by-case, or (3) the memorandum specifies certain juvenile cases will be moved to the state automatically. She said the bill simply enables negotiation and does not itself effect a transfer without an agreement.
Jay Sheldon, strategy and policy officer for the North Dakota National Guard, testified in support referencing quality-of-life and basing concerns. Senators asked how this would affect interstate moves and probation supervision; juvenile justice practitioners noted interstate compacts would continue to govern supervision after a transfer.
Senator Lewick moved a do-pass recommendation; Senator Paulson seconded. The committee voted in favor and Chair Larson agreed to carry the bill.