A BILL for an Act to create and enact a new subsection to section 54-23.3-04 of the North Dakota Century Code, relating to authorization for children of inmates to reside at the Heart River correctional center; and to amend and reenact section 32-12.2-02 of the North Dakota Century Code, relating to limitation of liability for children residing at the Heart River correctional center.
Summary
SB 2115 would authorize the Department of Corrections and Rehabilitation to establish policies allowing a child of a female inmate to live at the Heart River correctional center under the care and general control of the mother. The bill is framed as a correctional-center placement option for children of inmates, and it specifically ties that authorization to the Heart River facility.
The bill also amends North Dakota’s state liability law to add an explicit exception for injuries to children residing at Heart River correctional center. Under the bill, the state would generally not be liable for such injuries unless the injury was affirmatively caused by the negligent act of a state employee. The liability section is also reorganized into two effective-date periods, with one set of limits applying through July 31, 2027, and a lower per-person cap applying after that date, while preserving the existing $1 million per-occurrence cap and the list of categories of claims for which the state is not liable.
Impact
If enacted, SB 2115 would amend section 54-23.3-04 to give the Department of Corrections and Rehabilitation express authority to create rules for children of female inmates to reside at Heart River correctional center. It would also amend section 32-12.2-02 to carve out claims involving injuries to those children from the state’s waiver of sovereign immunity, limiting liability to cases involving affirmative negligence by a state employee. The bill would therefore affect both correctional policy and the scope of tort claims that can be brought against the state.
Sentiment
The bill appears to have had limited support and ultimately failed on the Senate floor, with 18 yeas and 29 nays on second reading. The absence of committee transcript material suggests there is no recorded public committee debate in the provided materials, but the floor vote indicates the proposal did not gain majority support. Overall, the sentiment reflected in the vote was unfavorable enough to defeat the measure.
Contention
The main point of contention is likely the policy choice to allow children to live inside a correctional facility, which raises questions about child welfare, supervision, and the appropriateness of prison-based residency. A second likely concern is the liability carve-out: by limiting state exposure for injuries to children at Heart River, the bill could be seen as reducing legal remedies for a vulnerable population. Supporters would likely view the measure as a family-preservation or maternal-bonding policy, while opponents would likely focus on safety, institutional responsibility, and the fairness of narrowing liability protections.
A BILL for an Act to create and enact a new subsection to section 54-23.3-04 of the North Dakota Century Code, relating to authorization for children of inmates to reside at the Heart River correctional center; and to amend and reenact section 32-12.2-02 of the North Dakota Century Code, relating to limitation of liability for children residing at the Heart River correctional center.
AN ACT to create and enact a new subsection to section 54-23.3-04 of the North Dakota Century Code, relating to authorization for children of inmates to reside at the Heart River correctional center.
A BILL for an Act to amend and reenact section 32-42-02 of the North Dakota Century Code, relating to liability limits for health care malpractice actions or claims.
AN ACT to amend and reenact subsection 5 of section 32-12.2-15 of the North Dakota Century Code, relating to contracts limiting liability to the state.