AN ACT to create and enact a new section to chapter 54-23.3 of the North Dakota Century Code, relating to use of local jails or correctional facilities for inmates sentenced to the physical custody of the department of corrections and rehabilitation.
Summary
HB 1344 creates a new section in North Dakota Century Code chapter 54-23.3 governing what happens when the Department of Corrections and Rehabilitation cannot immediately admit an inmate who has been sentenced to its physical custody. If the department is beyond capacity and denies or cannot provide admission within seven days after notice of the judgment of conviction, it may place the inmate in a local jail or correctional facility and negotiate the terms of that arrangement with the facility.
The bill also establishes when payment obligations begin and what must be included in any agreement. If admission is denied for more than seven days, the department must pay the contracted rate starting from the date it first received notice of the judgment and placement order. Any agreement must set a minimum daily per-inmate rate that includes medical costs, and payment runs from the day after the department receives notice from the district court until the inmate is admitted to the department’s custody.
Impact
The bill affects the administration of inmate intake and intergovernmental detention arrangements by authorizing the Department of Corrections and Rehabilitation to rely on county jails or other local correctional facilities when state capacity is unavailable. It creates a statutory framework for temporary housing, cost reimbursement, and medical-cost inclusion, shifting financial responsibility to the state once the department cannot accept custody within the specified timeframe. The measure directly impacts the department, district courts, county jails, and correctional facilities that may house state-sentenced inmates.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the legislative process. It passed the House 90-0 and the Senate 46-0, indicating unanimous approval among voting members in both chambers. The absence of committee transcript material suggests there was little recorded public dispute or debate in the available record.
Contention
No notable opposition is reflected in the available materials. The main policy issue embedded in the bill is how to allocate responsibility and costs when the state prison system is full, including the timing of payment and the requirement that medical costs be covered in local facility agreements. Any practical contention would likely center on reimbursement rates, the seven-day denial threshold, and the burden placed on local jails or correctional facilities, but no specific objections are documented in the provided record.