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Adam Martin, executive director of the F5 Project, speaks last year to
members of the Grand
Forks Criminal Law Association. The project helps people with criminal
records find jobs, hous-
ing, peer support and professional development following their release. (F5
Project File Photo)
Bill regarding sealing records passes judiciary
committee, awaiting vote from full House ' '
By Brayden Zenker
NDNA Education Foundation
BISMARCK — Rep. Shannon
Roers Jones, R-Fargo, recently asked
the House Judiciary Committee to
allow people with criminal records to
have those records sealed if they
have not been convicted of another
“crime for a certain time threshold.
Individuals must be free of con-
victions for three years to have a
misdemeanor charge sealed and five
years for a felony charge. The time
requirement begins after conviction
of the crime. Crimes that are consid-
ered violent or that require register-
ing as a sex offender are not
eligible.
After meeting the time require-
ment, individuals would be able to
petition courts to consider whether
their criminal records should be
sealed. If a request is denied, the
court must provide reasons as to
why. Individuals would be able to
re—petition, but would have to wait
up to three years before they are eli-
gible. If a petition is approved, the
criminal record would be sealed and
the individual would be given a cer-
tificate of rehabilitation.
Certain agencies, such as the state
Bureau of Criminal Investigation,
would still have access to the
records. .
“The rationale behind sealing of
criminal records is to allow someone
who has substantially rehabilitated
their life to make a fresh start,”
Roers Jones said. “As it is right now,
when we have the ease of searching
criminal records, someone has a
very difficult time finding’employ-
ment or securing housing if they
have a criminal record.” ‘
Her bill, HB 1196, is almost iden-
tical to a measure passed last ses-
sion. However, in the case state of
North Dakota v. M.J.W., the state
Supreme Court decided that the lan-
guage of that legislation only a1-
Effort to make
By Dylan Sherman
NDNA Education Foundation
BISMARCK — An attempt to
make the state beef checkoff pay—
ments voluntary failed in the North
Dakota House on Feb. 9 by a vote of
41 to 53. However, legislators said
“changes need to be made in the fu-
ture.
House Bill 1487 would have
made the $1 beef checkoff paid to the
state Beef Commission voluntary for
local producers. Beef producers now
pay a $1 per head checkoff on all
beef sold in the US. and a second $1
per head to the state Beef Commis-
sion. Beef producers can request a
refund for the state checkoff pay—
ments.
Beef producers in favor of the bill
“For a person trying to change their life, [a
criminal charge] was becoming a life-long
sentence for something that wasn’t sup-
posed to be a life-long sentence.”
Adam Martin
lowed for the most recent crime to
be sealed if an individual has more
than one offense on their record. For
example, if a person had committed
crimes in 2000, 2001, 2003 and
2004, only the most recent charge
was eligible to be sealed. '
HB 1196 looks to close that loop—
hole and allow for all offenses to be
sealed if individuals meet the time
threshold of three or five years with
no other convictions.
According to Roers Jones, be—
cause of the language of the meas-
ure passed last session, few people
had their criminal records sealed.
One person who did benefit was
Adam Martin, who now is executive
director for the F5 Project, which
since 2016 has helped people with
criminal records find jobs, housing,
peer support, professional develop-
ment and more.
Before the pandemic, Martin said
in an interview, the F5 Project pro-
vided services to around 5,000 peo-
ple across the state.
“For a person trying to change
their life, [a criminal charge] was be-
coming a life—long sentence for
something that wasn’t supposed to
be a life-long sentence,” he said.
Martin said his five felony con-
victions were sealed before the
Supreme Court’s decision limiting
what charges were eligible to be
sealed. He said updating the lan-
guage would greatly increase access
for people across the state.
“Most people who struggle with
drug addiction, alcoholism or men—
'tal health issues are not a ‘one and
done’ crime kind of person,” Martin
said. “They will get caught with
drugs twice in one year and the way.
[HB 1256] is written, they would not
be able to seal either one of those
and they could be sober for 10
years.”
According to Martin, even
though court criminal records would
be sealed, the certification of reha-
bilitation may be more important.
Martin said he had applied for a loan
but was denied due to his record.
However, after presenting the certi-
fication of rehabilitation and the
judge’s testimony, he was approved
for the loan.
r “It’s not just about .the criminal
record seal, it’s the co-signing of the
judge making sure that got sealed
and the public knows I’ve reformed
my life,” Martin said.
He said the major argument
against the idea of sealing records is
that people will take advantage of
the program but not actually rehabil-
itate. Martin does not see the valid-
ity of that argument.
“I believe that your identity
changes and that you want to do bet-
ter, and you want to reform,” Martin
said. “In the past it’s like, ‘What’s
the point if I have to continue to
have a felony on my record for the
rest of my life?’ But now that I don’t
have one I feel better, I feel different
and I want to continue to live this
way.”
HB 1196 received a do-pass rec-
ommendation from the House Judi-
ciary Committee and awaits a vote
in the full House.
beef checkoff voluntary fails
told the House Agriculture Commit-
tee on Feb. 5 about difficulty they
face in applying for a refund and
where the checkoff money is being
spent in state.
Rep. Sebastian Enelt, R-Lisbon,
the sponsor of the bill, argued that the
checkoff is another tax for producers,
from a non-elected board.
“This is a tax, you can call it a
checkoff, assessment, a fee or you
can call it whatever you want, but it's
a tax,” he said. “[The Beef Commis-
sion] is an appointed board, and it has
the control over the funds that go to
it.”
Rep. Jon Nelson, R-Rugby, said
his district has more cattle con-
stituents than humans, and last year
the Independent Beef Association of
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North Dakota invited him to a gath—
erin'g discussing issues.
“They don’t feel they have a place
at the table,” he said. “I think the beef
checkoff is a great tool, to market
beef, but everyone should be at the
table.” He voted against the bill, but
he said he wants to see the Beef Com-
mission change to an elected board.
ReprDennis Johnson, R—Devils
Lake, chairman of the House Agri-
culture Committee, said it was
demonstrated to the committee that it
is very easy to get the refund from the
state.
“When we passed [the checkoff]
in 2015 for the extra dollar, it was
very specifically put into language
that you would have the opportunity
to get the refund,” he said.
071/! fiat Nana 809
v» m
By Alexandra Kautzman
NDNA Education Foundation
BISMARCK On Jan. 25, Gov.
Doug Burgum announced that the
state Department of Human Services
will administer the refugee resettle—
ment program after Lutheran Social
Services of North Dakota unexpect-
' edly shutdown.
DOH Executive Director Chris
Jones said while the shift was abrupt,
the department is working hard to-
make sure that there is not a gap in
required services. He said DOH will
work with LSS’s former partners and
employees.
Jones said he expects that Human
Services will help coordinate with
another existing nonprofit that will
eventually be able to’ take over the
program.
“Our short-term goal is making
sure that what is needed for resettle-
ment is provided,” Jones said. “The
long-term is to do that work to figure
out what is in the best interest of the
state of North Dakota for refugee re-
settlement in the future.”
Global Friends Coalition in Grand-
Forks is a nonprofit that worked with
LSS and helps integrate resettled
refugees into the Grand Forks com—
munity. They offer mentoring pro-
grams, mental health services and
resources for jobs and housing.
President Lisa Gibson said Global
Friends is ready to work with DOH
to ensure that the resettlement
process runs smoothly. She hopes
that a govemment-run program will
feel effective and welcoming for new
Americans.
Officials contemplate future of refugee resettlement
“It is not a small endeavor to work
with the agencies that play a part in
resettling refugees from all over the
world,” Gibson said. “It's a large
project to take on, and I hope that
they have the manpower, the hours
and the connections to be able to do
it.”
With restrictions from the Trump
administration, the yearly number of
admitted refugees in North Dakota
plummeted. Gibson said Grand
Forks went from resettling 106 peo-
ple in 2016, to only one in 2020. Her
hope is that this number will increase
again under President Joe Biden’s
administration.
“There are some really devastated
areas of the planet right now where
people are suffering intensely, so
opening our communities to people
that are fleeing horrific circum-
stances is our duty,” Gibsou said.
“I’m looking forward to being able
to welcome more people and help
them settle in a productive life here
in Grand Forks.”
Burleigh County Commissioner
Jim Peluso said a large increase of
refugee resettlements in North
Dakota would concern him. With the
uncertainty facing local jurisdictions,
he said he would like DOH to con-
sider the individual needs of the
counties involved. To date, most in-
ternational refugees resettled in the
state have gone to Cass, Grand Forks
and Burleigh counties.
Peluso voted against accepting
additional refugees in Burleigh
County in 2019, but after a con-
tentious hearing the county board
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agreed to accept more.
“If they're going to settle them
here and that type of thing, I would
hope that the counties would be in-
volved in the conversation,” Peluso
said. “I had rib problem with what
Lutheran Social Services tried to do.
It’s a noble thing to pufidisplaced
people somewhere. But at the same
time, you got to listen to the commu—
nity and see What their wants are.”
Prakash Pathak is a medical stu—
dent at the University of North
Dakota. When he was 15, his family
left a refugee camp in Nepal and re-
settled in Grand Forks. Having re-
ceived life-changing support from
the organization, Pathak said the
news about LSS—ND was devastat-
ing.
“The whole situation was really
sad for the immigrant community
because they played such a critical
role early on when we immigrated
here,” Pathak said. “I’m concerned
that/future immigrants that come
here might not get that kind of sup-
port.”
Pathak hopes that DOH will be
able to continue offering new
refugees on-the-ground support that
LSS provided. He said it is the small
things like learning how to write a
check or fill out a job application
that makes a huge difference.
“I think the success of someone
who comes here as a refugee is re-
lated to how much help, they can get
early on,” Pathak said. “I hope that
the North Dakota Department of
Human Services thinks about that
and tries to do something similar.”
NDDoH: Resources available to locate vaccine
V As COVID-19 vaccinations con-
tinue to be administered across
North Dakota, many areas are be—
ginning to vaccinate people who are
65 and older.
The North Dakota Department
of Health (NDDoH) is encouraging
North Dakotans to help family,
friends andneighbors who are 65
and older connect with a COVID-
19 vaccine. Whether it’s getting on
a waiting list or scheduling an ap-
pointment, residents can help
someone in need of COVID—19
vaccine receive it as quickly as pos-
sible.
There are multiple ways to help
connect someone you know with a
COVID-19 vaccine. The first is the
Vaccine Locator on the NDDoH
website. The vaccine locator shows
where COVID—19 vaccine is avail-
able in your area, who they are cur-
rently vaccinating, how to contact
them, and more. The vaccine loca-
tor can be found at
www.health.nd.gov/covidvaccine—
locator. In addition, individuals 65
and older who don’t have access to
the internet can reach out to the
Public Health Hotline at 866-207-
2880 to get resources and request
assistance in finding a COVID-19
vaccine.
Thrifty White Pharmacy began
receiving federal doses of COVID-
19 vaccine last week. Visit the
Thrifty White Pharmacy website to
see if there’s a Thrifty White Phar-
macy near you with vaccine avail-
able and clinic slots open.
“It’s possible that you may not
be able to receive your vaccine
from your usual provider,” said
Molly Howell, Immunization Pro-
gram director for the NDDoH.
“North Dakotans should check the
vaccine locator for doses available
in their area and follow the instruc-
tions provided by the provider.”
North Dakotans should also con-
tinue to watch their local media and
social media channels for health
care facilities, pharmacies and local
public health departments for more
information on the status of vaccine
administration in their area.
For more information, visit the
NDDoH COVID-19 vaccine web—
page at health.nd.gov/covidvaccine.
Health advocates urge suicide
awareness instructionfor grades 7-12
By Dylan Sherman
NDNA Education Foundation
BISMARCK Kennedy Gjovik
told a North Dakota legislative com-
mittee that she attempted her first
suicide at 10 years old.
“I was in the third grade when the
cyberbullying started,” she said. “I
was added into a group chat that kids
from my previous school were in.
The first message was, ‘Why don’t
you go kill yourself?”
Gjovik, now a college freshman,
testified in front of the Senate
Human Services Committee on Feb.
9, in favor of Senate Bill 2311.
The bill sponsor, Sen. Joan
Heckaman, D-New Rockford, said
the bill would get mental health re—
sources and information to students.
“It should be taught directly to
students,” she said. “An assumption
that, if the resources are out there,
students will access them, seems a
little thin.”
SB 2311 would require all,
schools to add to their health cur-.
riculum instruction on mental health
awareness and suicide prevention,
instruction on identifying risk fac-
tors, identifying at-risk peers and
availability of resources.
“It should be taught directly to students.
An assumption that, if the resources are out
there, students will access them, seems a lit-
tle thin.”
Sen. Joan Heckaman, D-New Rockford
The bill also would allow for
school districts to collaborate with
other districts and provide instruc—
tion through virtual learning.
Heckaman said the bill was mod-
eled after Gjovik’s personal experi-
ence as someone who didn’t get help
at school.
The North Dakota Youth Behav-
ior Risk Survey of 2019, the most re-
cent survey conducted by the North
Dakota Department of Public In-
struction, suggests Gjovik is not
alone. The survey showed 30.5% of
high school students reported feeling
sad or hopeless for at least two
weeks in a row, an increase of 1.6
percentage points from 28.9% in
2017. 9
Nearly one high school student in
five, 18.8%, said they had seriously
contemplated suicide in the 12
months leading up to the survey in
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2019, a 2.1% increase from 16.7%
in 2017.
“That is telling right now we
haven’t been going in the right di-
rection,” Heckaman said. “This is
very sad in the day and age that we
live right now. There are plenty of
things we can do.”
Gjovik said she hopes this bill
can help students who face similar
mental health issues as she did while
in school. One way would be to
make sure that school personnel no—
“ tify parents or authorities when they
believe a student is at risk.
“In sixth grade the school guid-
ance counselor found out I was self-
harming,” she said. “The guidance
counselor did not tell my family or
the authorities.”
Awareness g
(Continued on Page 8)
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