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.
SB 2352 would authorize the Department of Corrections and Rehabilitation to establish personnel, policies, and procedures allowing a child of a female inmate to live at the Heart River correctional center with the inmate if the child is 18 months old or younger. The bill is narrowly tailored to this one facility and this one class of inmates, and it leaves the department discretion to set the operational rules for implementation.
The required policies must address the child’s residential safety, how long the child may remain in the facility, and treatment or other penological interests. In effect, the bill creates a statutory basis for a prison nursery-type arrangement at Heart River correctional center, while preserving agency authority to determine the details and limits of the program.
The bill amends section 54-23.3-04 of the North Dakota Century Code by adding a new subsection directing the Department of Corrections and Rehabilitation to develop policies for infant co-residence at Heart River correctional center. It affects correctional administration, inmate family placement, and child welfare considerations for infants born to incarcerated women, but it does not mandate that every eligible child be admitted; instead, it authorizes the department to set criteria and procedures within the statutory framework.
The recorded floor votes suggest the bill was somewhat divisive but had meaningful support in both chambers. It passed the Senate 28-18 with one absent and the House 48-42 with four absent, indicating a closer vote in the House and a generally mixed but not overwhelmingly opposed reception. No committee transcripts were provided, so the available record shows support sufficient for passage but not broad consensus.
The main points of contention likely centered on whether a correctional facility should house very young children with incarcerated mothers, balancing child safety and family bonding against institutional security and penological concerns. Supporters appear to have favored allowing infants to remain with their mothers during early development, while opponents likely questioned safety, prison operations, and whether such a program is appropriate in a correctional setting. The bill’s requirement that policies consider residential safety, length of stay, and penological interests reflects these competing concerns.