Latest news with #HouseBill1455
Yahoo
18-02-2025
- Politics
- Yahoo
Bill seeks to strengthen tribal consultation on North Dakota legislation
North Dakota Indian Affairs Commission Executive Director Brad Hawk participates in a commission meeting Feb. 28, 2024, at the Capitol in Bismarck. A new bill would require the Indian Affairs Commission to consult with tribal leaders on any proposed legislation affecting tribes. (Mary Steurer/North Dakota Monitor) A group of lawmakers says the state should be required to consult with tribes before passing any laws that affect Native nations. 'It is not just a courtesy to consult, it's a moral and legal obligation,' said Rep. Collette Brown, the primary sponsor of House Bill 1455 and a citizen of the Spirit Lake Nation. The bill would task the North Dakota Indian Affairs Commission with alerting tribal chairs of any proposed legislation that could impact tribes before the bills pass. Four other Native lawmakers — Rep. Lisa Finley-DeVille, Rep. Jayme Davis, and Sen. Richard Marcellais — are also among the proposal's sponsors. Brown, a Warwick Democrat, said it's not uncommon for the Legislature to pass new laws that affect tribes without any input from tribal leaders Brown pointed to the Legislature's legalization of e-tab machines in 2017, which she said has caused casinos on the reservations to take a revenue hit. Another example is a 2023 bill that eliminated the vehicle excise tax exemption for enrolled tribal members who don't live on a reservation. Davis, D-Rolette, testified earlier this session that tribal leaders were not aware of the proposal until it was passed. Brown said her goal is for tribal leaders to be aware of any legislation that could have 'significant and tangible impact' on their citizens. 'If a legislative measure directly affects a tribe's people, governance, resources, or cultural practices in a meaningful way, it qualifies as having a substantial direct effect,' Brown said in testimony to the House Political Subdivisions Committee earlier this month. She said tribes deserve advance notice on important bills so they have time to prepare testimony and plan trips to the Capitol. It can be difficult for tribal members to travel from reservations to Bismarck, especially during the winter months, she noted. In testimony in support of the bill, Turtle Mountain Band of Chippewa Chair Jamie Azure wrote that the proposal is in 'state's and tribes' best interest.' 'When measures affect tribes either favorably or adversely, a seat at the table allows our perspectives to be heard,' he wrote. Brad Hawk, executive director of the Indian Affairs Commission, told committee members that anywhere from 40 to 100 bills each legislative session impact tribes. Hawk said he and his team already consult with tribal leaders on bills, but having a formal consultation process could help clarify the commission's responsibilities and streamline its work. Some committee members asked Hawk whether the Indian Affairs Commission would need more resources or staff to satisfy the requirements of the bill. He said he doesn't anticipate needing any additional funding at this time. The bill originally required all consultations on bills to occur before the bills have their first committee hearings, but lawmakers on Monday removed this requirement. The bill will soon go to the House with a do-pass recommendation from the committee. SUPPORT: YOU MAKE OUR WORK POSSIBLE SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
16-02-2025
- Health
- Yahoo
Our View: Castration bill leaves too many questions
At first blush, it sounds barbaric. An Indiana House bill authored by state Rep. Elizabeth Rowray, R-Yorktown, would sanction castration of child sex offenders. But if you dig into the details of the legislation, it sounds like it might be — maybe, possibly — an idea worth considering. House Bill 1455 would enable a sex offender whose victim was under the age of 14 to petition a court for chemical castration to avoid prison time. The consenting offender would instead be eligible for parole, probation or community corrections. Chemical castration is the use of medications to block testosterone production, decreasing sex drive. It's a much less invasive process than surgical castration, the removal of both testicles or ovaries. Surgical castration is irreversible. Chemical castration decreases sex drive only as long as medication continues. Under the Indiana bill, an offender who stopped taking chemical castration medication would face a felony charge. In an article published Feb. 1 in The Herald Bulletin, Rowray explained the rationale behind her bill. 'Every time I read about an adult ... sexually abusing children, I feel like we have repeat offenders,' she said. 'It's a vicious cycle. A lot of people don't want to tolerate that.' While some criminal offenders can be rehabilitated, studies show that sexual predators can't be rehabilitated, according to Rowray. 'There is the opportunity for them to re-offend and not get caught,' she noted. 'There should be an extra level of protection for children.' A 2004 study of child molester recidivism documented new charges against child molesters released from prison. The study found charges for new offenses in 13% of cases after five years, 18% after 10 years and 23% after 15 years. The rate of re-offending, however, is likely much higher, given that most sex crimes are never reported. Research related to child sex offender rehabilitation provides hope that some treatment and therapy programs can reduce the rate of recidivism but provides few clear answers. Rowray's bill isn't without precedent. Alabama, California, Florida, Georgia, Iowa, Montana, Oregon, Texas and Wisconsin all have chemical castration laws. Louisiana is the only state where a judge can order surgical castration of an offender. 'Chemical castration or testosterone-lowering medications are effective for certain types of sexual offending,' Dr. Renee Sorrentino, a forensic psychiatrist and founder of the Institute of Sexual Wellness, told Newsweek for an article published in June 2024. Sorrentino emphasized that chemical castration isn't a 'silver bullet.' 'Mandated chemical castration for sexual offenders should be viewed like other forms of mandated treatment. The decision should be rooted in scientific evidence that such treatment will decrease sex offender recidivism,' she said. Rowray's House Bill 1455 was referred to the House Committee on Court and Criminal Code, where it languishes. At this point in the General Assembly session, it's unlikely to reach the House floor for a vote. That's good, because the idea of court-sanctioned chemical castration demands more study to inform decisions with the latest research and to view the proposed legislation from all angles.
