News Releases for October 2006
October 10, 2006
For further information, please Contact the Governor's Office
Hoeven, Stenehjem Announce Plan To Strengthen Sexual Offender And Background Check Laws
Civil Commitment Proof Bill 
(17kb pdf)
Sex Offense Sentencing Bill (26b pdf)
BISMARCK, N.D. - Governor John Hoeven and Attorney General Wayne Stenehjem today announced that they will propose legislation to further strengthen North Dakota laws dealing with sexual offenders and the laws governing background checks. The measures will enhance the civil commitment process for high-risk offenders and require thorough background checks for all government employees who deal with security matters or with vulnerable people.
Violent Sexual Offender Laws
"We are proposing that every first-time sex offender who commits a violent sexual crime gets a mandatory sentence of twenty years incarceration followed by lifetime supervised probation," Hoeven said. "We need to make sure that anyone who commits a violent sexual crime in North Dakota receives a sentence that fits the crime and protects the public."
"Victims of violent sex crimes are often dismayed that the perpetrator receives only a five or ten year sentence, and then goes back on the street," Stenehjem said. "Victims have to deal with the devastation of these crimes for years, and the punishment should reflect the seriousness of the damage these offenders cause."
Legislation is also being proposed that would strengthen the civil commitment process for sexually dangerous individuals by making it clear that judges have the ultimate authority to decide whether there is sufficient evidence to commit a person as a sexually dangerous individual.
"In a recent case, civil commitment was denied because a judge determined that our law required two psychologists to predict definitively that the offender would commit further acts of sexually predatory conduct", Hoeven said. "This legislation removes the requirement that two psychologists reach this conclusion, and makes it clear that the judge is responsible to decide whether to commit an offender, based on all the evidence presented in the case," the Governor said.
"The state still will be required to prove by clear and convincing evidence that the respondent is a sexually dangerous individual. However, now the court will determine when that burden has been met, rather than a rigid formula of merely adding up experts," Stenehjem added.
Background Checks
The other legislation being proposed requires more extensive background checks for government employees in security positions and those responsible for vulnerable persons. The law will mandate background checks for correctional officers at the city, county and state levels, as well as for those who have sensitive or security-related positions. The mandated background checks will include fingerprinting and nationwide criminal history searches.
"Law enforcement agencies now have an array of tools that are available swiftly and inexpensively to ensure the people seeking employment have a safe background when they hire someone for a position of trust and responsibility," Stenehjem said. "We need to make sure these tools are used whenever necessary to protect the public."
"We need to work with law enforcement officials, as well as legislators, to make sure our laws require that the proper background checks are done," Hoeven said.
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