After slow rollout, new criminal justice reentry programs begin to take shape

Two sets of legislative measures approved in early 2025 aimed at keeping people out of the criminal justice system or helping offenders reenter society after time served are starting to roll out across the state. 

In most cases, the pace of implementation has been slow as communities try to get programming right. In another, legal controversy has scuttled the potential impact - for now. 

“We have an opportunity to help people become healthier, rather than getting trapped or caught in what can be a difficult-to-navigate criminal justice system,” said Jonathan Holth, North Dakota’s first Commissioner for Recovery & Reentry. 

One pilot program, supported by House Bill 1425, provided $1 million to support State’s Attorney’s offices operating diversion programs in three counties - Cass, Grand Forks and Stark. 

The funding helps those offices build out programs to deflect offenders to treatment and other services instead of jail, either before a formal arrest or after. 

The success of the diversion programs could reduce the number of people in the state getting caught up in the criminal justice system in the first place, particularly those with minor drug and other nonviolent offenses, proponents said. 

Kim Hegvik, State’s Attorney for Cass County, said it took some time for the North Dakota Department of Corrections to finalize details on how the program would work, delaying the selection process for a program navigator late into 2025. 

A nonprofit providing rehabilitation services, Centre, Inc. in Fargo, was chosen as the navigator in Cass, dedicating an employee to the initiative in early January. 

“It’s been a slow rollout,” Hegvik said. “We’ve identified two initial charges to start with, because everything is so new to us.” 

Those charges include a minor with possession or consumption of alcohol and another case where an individual drove a vehicle under a suspended license and were only started in mid-February. 

For the minor, the offender is being directed to an alcohol awareness program that, if completed, could lead to the case being dismissed. Progression through that avenue means the offender may never have to set foot in a courtroom or have a criminal record potentially detrimental to their future aspirations, Hegvik said. 

For the suspended license case, it involves someone who potentially could have their license back but didn’t understand the process. The navigator would help walk them through the procedure with the Department of Transportation to either get a temporary license, a restricted license, or actually get their license back, she said. This could lead to a straight-up dismissal. 

Hegvik said phase two of the rollout of the program in Cass will target simple possession of controlled substances or paraphernalia other than marijuana as long as there is no “tag-along” offense like a DUI or property theft or violent action. These possession cases could be diverted to treatment programs, potentially leading to a case dismissal if they are completed successfully. 

“I will be excited to see how we can get those people connected with services a lot faster and then see whether that will lead to them not getting further into the criminal justice system,” Hegvik said. 

That’s particularly true of drug offenders, who usually wouldn’t get a chemical dependency evaluation or be matched up with treatment in most cases, leaving the cause of the conviction unaddressed. 

Grand Forks is taking a slightly different approach, focusing more on pre-arrest cases before a citation has been formally issued, but could also have post-arrest approaches like Cass. 

State’s Attorney Haley Wamstad in Grand Forks said they are focusing on low-level first-time offenders who may be struggling with chemical dependency or mental health challenges. 

The program there has just kicked off with one referral of a disorderly conduct case to the nongovernmental Grand Forks Community Service & Restitution Program, which will walk the client through the process. Unsatisfactory completion would potentially lead to a formal arrest. 

“All of us in the judicial system recognize that a significant issue we’re seeing is folks dealing with mental illness or chemical dependency, and there really is a lack of resources, a lack of funding, to adequately treat people in that situation,” Wamstad said. 

“If successful, we hopefully won't see these folks back in the criminal justice system, which is a huge win, not only for the defendant, but for our communities, public safety and a cost savings to the criminal justice system,” she said. 

Some of the delays in rolling programs out are attributed to communities wanting to put into place programs that work, said Holth. 

“It’s not just the prosecutor or the state’s attorney saying this is what we’re going to do, it’s them sitting around the table with their sheriff, their chief of police, their local service providers and judges and saying, what’s the best approach for something like this?” Holth said. 

A separate bill, HB 1549, awarded “Breaking the Cycle” grants to nine counties to use for better preparing offenders for life on the outside after prison or jail, particularly for getting them access to services that could set them on the path of success after exit. 

Holth said counties are using grant funds for everything from increased substance abuse treatment directly at facilities to vocational programming that can help place people for work after they are out, to hiring reentry managers that help facilitate housing, jobs and medical care for those released. 

“We're really excited about, again, similar to the diversion program, what we're going to be able to learn from that,” Holth said. 

Robert Werlinger, McKenzie County Correctional Facility administrator, was able to secure a grant for his county and is starting to use it for substance abuse treatment programs and women’s trauma programs, all offered at the facility prior to offenders being released to help reduce recidivism. 

McKenzie is also bringing in a program called Shining Light, he said, which has also been used by the state department of corrections at its facility in Jamestown. 

“It’s a little bit of religion, it’s a little bit of humanities, a little bit of art, a little bit of poetry and singing, something to bring it all under one umbrella,” Werlinger said, who added the state has seen decent results from the program. 

It’s also been a slow rollout for these grant programs, which he said are expected to be fully operational toward the end of March into early April. 

Werlinger said the interest is high for inmates wanting these types of programs before they get out. 

“I was shocked by the numbers that put in for Shining Light,” said Werlinger, who has worked in corrections for 49 years. “So if that’s an indicator, I’d say we’re reaching the pinnacle of success because we’ve had so many enrolling or attempting to enroll.” 

He said there is absolutely success in these kinds of programs. 

“The fact is, if they meet their goals and don’t come back into this environment, that’s an accomplishment,” Werlinger said. 

What’s different here is that the programs are offered in-house at the facility, rather than something ordered by courts for an offender to complete after they get out on probation. 

Cass County was also awarded a grant of just over $200,000. In December, it was announced that the grant would go to Fargo-based F5 Project, an organization providing services and resources to individuals struggling with incarceration, mental health and addiction. 

Recent legal issues with F5, however, led Cass County Sheriff Jesse Jahner to pull the grant until another suitable organization could be found. 

F5’s legal issues stem from allowing its charitable status to expire and questions about personal loans granted to two of the nonprofit’s executives, issues currently under investigation by the Consumer Protection Division of the North Dakota Attorney General’s Office. 

“If someone else is able to come forward that meets the parameters set by the state, we would certainly welcome that,” Sheriff Jahner told NDNC. “That just hasn’t happened at this point.”

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