There is a newer version of the North Dakota Century Code
2009 North Dakota Code
12 Corrections, Parole, and Probation
12-44.1 Jails and Regional Correction Centers
Download pdfdirector, or other individual serving as the chief executive officer of a correctional
facility. 2. "Correctional facility" means a city or county jail or detention center, regional
corrections center, or juvenile detention center for the detention or confinement of
persons in accordance with law. The use of the term does not imply and may not be
used to require the provision of services including treatment, counseling, career and
technical education, or other educational services, except as may otherwise be
required or provided for under this chapter. 3. "Correctional facility staff" means correctional personnel with titles such as jailer,
deputy, counselor, correctional officer, or any other title, whose duties include the
ongoing supervision of inmates in a correctional facility. 4. "Inmate" means any person, whether sentenced or unsentenced, who is detained or
confined in a correctional facility. 5. "Jail" means a correctional facility, including a county or city jail or a regional
corrections center. 6. "Juvenile detention center" means a publicly or privately established and maintained
correctional facility for the detention of juveniles. The term does not include the
North Dakota youth correctional center. 7. "Regional corrections center" means a correctional facility established and
maintained by more than one county or city, or a combination of counties and cities,
for the confinement of inmates. 8. "Trained correctional facility staff" means correctional personnel who have
completed a course of training approved by the department of corrections and
rehabilitation. 12-44.1-02. Establishing correctional facilities - Correctional facility contracts - Regional corrections centers. 1. For the confinement of lawfully committed persons, the governing body of a county
or city shall: a. Establish and maintain a correctional facility at county or city expense; b. Contract for correctional facility services and use of correctional facilities with
another county or city that maintains a correctional facility or with the state or
federal government; or c. Establish and maintain, pursuant to chapter 54-40 or 54-40.3 and this chapter,
a correctional facility in conjunction with other counties and cities. 2. Subject to the requirements of section 12-44.1-31, the governing body of a
correctional facility may contract with a state or a regional correctional center,
county, or city of another state for the confinement of lawfully committed state,
county, or city inmates from the other state. Page No. 1 3. The governing body of a correctional facility may contract with a state or a regional
correctional center, county, or city of another state for the confinement of lawfully
committed North Dakota inmates in a county, city, or regional correctional facility of
another state. 4. The governing body of a correctional facility may contract with another correctional
facility in this state for correctional services for purposes of safety, security, health
and medical reasons, or for correctional facility administration. 5. The governing body of a correctional facility may contract for the confinement of
inmates lawfully sentenced by a tribal court. 6. The governing body of a correctional facility may contract for correctional facility
services with a privately operated correctional facility. Contracts with private agencies that provide correctional facility services may be entered into for up to
seven years. 12-44.1-03. Safety and sanitation. 1. Each correctional facility shall comply with state and local fire, sanitation, safety, and
health codes. 2. The administrator of a correctional facility, to ensure adequate fire protection, shall
install firefighting equipment at appropriate locations throughout the correctional
facility. 3. Each correctional facility shall have a smoke detection system approved by the state
fire marshal and tested on a regular basis. 4. Designated exits must permit prompt evacuation of inmates and correctional facility
staff in an emergency. 12-44.1-04. Administration - Organization - Management. The administrator of each correctional facility shall: 1. Formulate an operations manual, available to all correctional facility staff, which
delineates the written policies and procedures for operating and maintaining the
correctional facility. 2. Review and update all policies and procedures in the operations manual at least
annually. 3. Specify an administrator in the operations manual to whom all correctional facility
staff are responsible. The operations manual shall include the administrator's duties, responsibilities, and authority for the management of the correctional facility
staff, inmates, programs, and physical plant. 4. Ensure that correctional facility staff who work in direct and continuing contact with
inmates receive correctional facility training as determined and approved by the
department of corrections and rehabilitation. 12-44.1-05. Meal payments. An administrator or correctional facility staff member receiving lump sum monthly payments for providing inmate meals shall submit an itemized
account of the meal expenses to the governing body of the correctional facility. Any amount of
the monthly payment in excess of the itemized account shall be returned to the general operating
fund or be given as salary to the person providing the meals, as determined by the governing
body of the correctional facility. 12-44.1-06. Grades of correctional facilities. Page No. 2 1. The department of corrections and rehabilitation shall, following inspection pursuant
to section 12-44.1-24, grade correctional facilities as to length of allowable inmate
confinement based upon construction, size, and usage, as follows: a. "Grade one" means a correctional facility for confining inmates not more than
one year. b. "Grade two" means a correctional facility for confining inmates not more than
ninety days. c. "Grade three" means a correctional facility for confining inmates not more than
ninety-six hours. 2. The length of confinement of a prisoner may be temporarily increased on a
case-by-case basis in grade one and grade two correctional facilities upon the
request of the administrator and the approval of the department of corrections and
rehabilitation. 12-44.1-06.1. Correctional facilities standards. Grade two and grade three correctional facilities do not need to provide outdoor recreation areas or exercise rooms separate
from dayrooms. Correctional facilities may allow contact visitation subject to the safety, security,
and administration requirements of the correctional facility. 12-44.1-06.2. Female inmates in grade one correctional facilities. Expired under S.L. 2003, ch. 666, § 11. 12-44.1-06.3. Female inmates in grade one correctional facilities. Expired under S.L. 2005, ch. 43, § 13. 12-44.1-07. Who may be confined in correctional facilities. The following persons may be confined in a correctional facility: 1. Persons charged with offenses or ordered by a court to be detained for trial. 2. Persons committed by a court to confinement in order to secure their attendance as
witnesses at the trial of any criminal cause. 3. Persons sentenced to imprisonment upon conviction of an offense and any other
person committed or detained as authorized by law. 12-44.1-08. Confinement of state and federal inmates. 1. Grade one correctional facilities may contract for the confinement of offenders in the
custody of the department of corrections and rehabilitation if sufficient room is not
available at the penitentiary, for purposes of safety, security, discipline, medical
care, or when the department of corrections and rehabilitation determines it may be
in the best interests of the offender or the department of corrections and
rehabilitation. 2. A correctional facility to which a person is sent or committed by legal process issued
by or under the authority of the United States shall receive such person into custody
for safe detention until discharged under federal law. 3. A correctional facility detaining or confining federal inmates is entitled to
compensation in accordance with fee schedules established by the United States. 4. A grade one or grade two correctional facility may be used for the detention of a
fugitive from justice in accordance with any act of Congress or the laws of another Page No. 3 state. The correctional facility is entitled to reasonable compensation from the officer or jurisdiction regaining custody of the fugitive. 12-44.1-09. Housing of inmates. Each correctional facility shall adopt a classification system for inmates to provide for the security, safety, and order of the correctional facility and for
the safety and security of the community. If the correctional facility has adopted a classification
system approved by the department of corrections and rehabilitation, the correctional facility is
not required to comply with subsections 3, 4, and 5. In grade one and grade two correctional
facilities and, where practicable, in grade three correctional facilities, the following groups of
inmates must be housed separately from each other: 1. Female inmates from male inmates. 2. Juveniles from adults, except that an adult held under a delinquency proceeding
may be held with juveniles and a juvenile transferred or waived to adult court on a
felony criminal offense may be housed with adults in a jail or regional correctional
facility. 3. Persons detained for hearing or trial from inmates under sentence of imprisonment,
unless authorized to be housed together by the administrator for security, order, or
rehabilitation. 4. Persons detained for hearing or trial or under sentence of imprisonment from
persons otherwise detained by order of the court, unless authorized to be housed
together by the administrator for security, order, or rehabilitation. 5. Inmates who may have special needs as determined by the correctional facility or
whose behavior may present a serious threat to the safety or security of the
correctional facility, the staff, the inmate, or other inmates. 12-44.1-10. Detained witnesses and pretrial detainees. Detained witnesses and persons held in custody awaiting arraignment or trial may not be restricted in their activities to
any extent greater than required to maintain order and security and to assure appearance at
arraignment or trial. Witnesses and pretrial detainees shall not be required to do labor other than
keeping their living areas clean nor shall they be required to participate in correctional facility
programs. 12-44.1-11. Commitment papers - Copies - Endorsement. When an inmate is confined by virtue of any process directed to the administrator and the process requires a return
to the court from which it was issued, the administrator shall keep a copy of the process with the
return made thereon. The copy, certified by the administrator, is prima facie evidence of the
administrator's right to retain the inmate in custody. All instruments or copies by which an inmate
is committed or released shall be endorsed and filed by the administrator. The file and its contents shall be delivered to the administrator's successor. 12-44.1-12. Inmate personal property. A written, itemized inventory of all personal property taken from an inmate at the time of admission shall be made by correctional facility
staff. The property, including money and other valuables, shall be secured and the inmate given
a receipt for all property to be held until the inmate's release unless the inmate requests a
different disposition in writing. Upon release, the items of inmate personal property shall be
compared with the inventory list, and the inmate shall sign a receipt for the property's return. If
the inmate is released for transfer to another correctional facility, the correctional officer
transporting the inmate shall sign the receipt. The releasing correctional facility shall maintain a
copy of the property receipt for its files. 12-44.1-12.1. Establishment of inmate accounts - Withholding funds for inmate financial obligations - Health care costs - Payment of funds to inmate upon release. Page No. 4 1. The correctional facility administrator shall establish an inmate account for each
inmate. 2. The correctional facility administrator may withdraw funds from an inmate's account
to meet the inmate's legitimate financial obligations, including child support and
restitution. The correctional facility administrator may withdraw funds from the inmate's account to pay for the inmate's medical, dental, and eye care costs while
the inmate is incarcerated in the correctional facility. Before the funds may be withdrawn, the inmate must first receive written notice and be provided a hearing
with the right to correctional facility staff assistance and the right to review by the
correctional facility administrator. No written notice or hearing is required if the withdrawal of funds is being made to meet the inmate's child support obligation. 3. A correctional facility administrator may collect fees from inmates to offset health
care costs as follows: a. For a medical visit, up to ten dollars per medical visit made at the request of an
inmate. b. For self-inflicted injuries, the total amount of medical costs incurred. c. For necessary health care services, the correctional facility may seek
reimbursement from the inmate up to the total amount of health care costs
incurred. If the inmate has health insurance coverage, a medical or health care
provider must file a claim for reimbursement from the health insurance
coverage carrier. A correctional facility may not assess an inmate for any costs
associated with an intake health care assessment and related testing or for an
examination of an inmate made at the request of the facility. d. For elective health care requested by an inmate and as allowed by correctional
facility policy, the inmate is responsible for the amount of the costs incurred. e. A correctional facility may not deny necessary and nonelective medical and
health care to an inmate who does not have health insurance or does not have
the ability to pay the costs of the medical or health care. 4. The correctional facility administrator shall pay an inmate all funds in the inmate's
account when the inmate is discharged from the correctional facility or when the
inmate is transferred to another correctional facility, less the inmate's outstanding
obligations to the correctional facility. 5. This section does not limit or alter the provisions of chapter 14-09 relating to income
withholding orders for child support. 12-44.1-13. Supervision of inmates. 1. Inmates shall be supervised on a twenty-four-hour basis by trained correctional
facility staff. 2. Correctional facility staff shall be located in proximity to inmate living areas to permit
the staff to hear and respond promptly to calls for help. 3. Each correctional facility shall provide for the personal observation of inmates on an
irregular but frequent schedule. 4. Each correctional facility shall maintain sufficient law enforcement officers with
correctional training or trained correctional facility staff to perform all functions
relating to the intake and booking, security, control, custody, and supervision of
inmates. Page No. 5 5. A correctional facility female staff member shall be available at all times when a
female inmate is confined in the correctional facility. 6. Inmates shall be prohibited from supervising, controlling, or exerting any authority
over other inmates. 7. The correctional facility shall maintain a daily written record of information
concerning inmates. 12-44.1-14. Inmate rights. Subject to reasonable safety, security, discipline, and correctional facility administration requirements, the administrator of each correctional facility
shall: 1. Ensure inmates have confidential access to attorneys and their authorized
representatives. 2. Ensure that inmates are not subjected to discrimination based on race, national
origin, color, creed, sex, economic status, or political belief. 3. Ensure equal access by male and female inmates to programs and services
available through the correctional facility. 4. Ensure access to mail, telephone use, and visitors. 5. Ensure that inmates are properly fed, clothed, and housed. 6. Ensure that inmates have adequate medical care. 7. Ensure that inmates may reasonably exercise their religious beliefs. 12-44.1-15. Searches. Searches of inmates may only be conducted: 1. Without undue or unnecessary force or indignity to the person searched. 2. When reasonably necessary to control contraband in the institution or to recover
missing or stolen property. 12-44.1-16. Annoyance of inmate prohibited - Penalty. Repealed by S.L. 1997, ch. 113, § 29. 12-44.1-17. Inmate educational and counseling programs. A correctional facility may utilize the resources of the community to provide inmates with available educational, career and
technical education, counseling, and work release opportunities. A correctional facility may, if
possible, and subject to reasonable safety, security, discipline, and correctional facility
administration requirements, provide opportunities for access to available religious, mental
health, alcoholism, and addiction counseling by inmates desirous of such counseling. 12-44.1-18. Inmate work programs. A correctional facility may maintain a written inmate work assignment plan that provides for inmate employment, subject to the number of
work opportunities available and the maintenance of reasonable safety, security, discipline, and
correctional facility administration requirements. The inmate work plan may provide for inmate
employment in correctional facility maintenance and operation, in public works projects, or in
community service projects. 12-44.1-18.1. Inmate work release program. A correctional facility may provide for a work release program for inmates unless the court has ordered that an inmate may not receive
work release. Work release projects may include public service and community service projects,
and may utilize any particular skill or trade of participating inmates. The correctional facility shall Page No. 6 take measures to maintain correctional facility security and safety and to protect the safety of the
public. 12-44.1-18.2. Work release program - Room and board costs to be paid by inmate. Any inmate who participates in a work release program shall pay the correctional facility for the
room and board costs incurred by the inmate while confined in the correctional facility, residential
halfway house, or similar alternative facility. The administrator shall determine the amount of
meal and lodging costs to be paid by the inmate. The amount to be paid by the inmate while
confined in a correctional facility may not exceed fifteen dollars per day or the funds earned by
the inmate, whichever is less. The amount to be paid by the inmate while placed in a residential
halfway house or similar alternative facility may not exceed the actual cost per day or the funds
earned by the inmate, whichever is less. 12-44.1-19. Removal of inmate in emergency not an escape. If a correctional facility or any adjoining building shall be on fire or another emergency occurs, and the inmates may be
exposed to danger, the correctional facility staff shall remove the inmates to a place of safety,
and there confine them as long as necessary to avoid the danger. The removal and confinement
shall not be deemed an escape of such inmates. 12-44.1-20. Punishment of inmate. A correctional facility shall adopt rules for safety, security, discipline, and correctional facility administration. If an inmate violates any of the rules
of a correctional facility, the correctional facility may impose disciplinary sanctions in accordance
with its rules. 12-44.1-21. Prohibited acts. 1. It is unlawful for a person to willfully: a. Manufacture, or possess with intent to manufacture, a controlled substance in a
correctional facility. b. Deliver, or possess with intent to deliver, a controlled substance in a
correctional facility. This subsection does not apply to the possession or delivery of controlled substances in accordance with the orders or prescription
of a licensed physician and the approval, except in emergency circumstances,
of the correctional facility administrator. c. A person who violates this subsection is guilty of a class A felony. 2. It is unlawful for an inmate detained in a correctional facility to possess any
controlled substance except in accordance with the prescription or orders of a
licensed physician, and the approval, except in emergency circumstances, of the
correctional facility administrator. It is unlawful for an inmate in a correctional facility
to possess alcohol or alcoholic beverages. If a correctional facility has adopted a
rule banning the possession of tobacco in a correctional facility, it is unlawful for an
inmate in a correctional facility to possess any tobacco except when the correctional
facility administrator has authorized possession of tobacco for religious purposes or
when on an authorized release from the correctional facility. An inmate who violates
this subsection with respect to: a. Possession of a controlled substance is guilty of a class B felony. b. Possession of alcohol or alcoholic beverages is guilty of a class A
misdemeanor. c. Possession of tobacco is guilty of a class B misdemeanor. 3. It is unlawful for a person to willfully deliver alcohol or alcoholic beverages to an
inmate in a correctional facility. It is unlawful for a person to willfully deliver tobacco Page No. 7 to an inmate in a correctional facility that has adopted a rule banning the possession
of tobacco except when the correctional facility administrator has authorized
possession of tobacco for religious purposes or when the inmate is on an authorized
release from the correctional facility. A person who violates this subsection by: a. Delivery of alcohol or alcoholic beverages to an inmate in a correctional facility
is guilty of a class A misdemeanor. b. Delivery of tobacco to an inmate in a correctional facility is guilty of a class B
misdemeanor. 4. It is unlawful for a person who is not an inmate to willfully possess a controlled
substance in a correctional facility except in accordance with the orders or
prescription of a licensed physician. A person who violates this subsection is guilty
of a class B felony. 5. It is unlawful for an inmate in a correctional facility to willfully procure, make, or
possess an object, including a shard made of any material or a weapon, firearm,
ammunition, or explosive material, intended to be used for an assault on another
person or to damage property. An inmate in a correctional facility who violates this
subsection with respect to: a. A shard or weapon that is not a dangerous weapon or firearm as defined in
section 62.1-01-01 is guilty of a class B felony. b. Ammunition, a knife of any length, a weapon that is a dangerous weapon or
firearm as defined in section 62.1-01-01, or explosive material is guilty of a
class A felony. 6. It is unlawful for a person to deliver or provide to an inmate in a correctional facility
an object intended to be used for an assault on another person or to damage
property. A person who violates this subsection with respect to: a. A shard or weapon that is not a dangerous weapon or firearm as defined in
section 62.1-01-01 is guilty of a class B felony. b. Ammunition, a knife of any length, a weapon that is a dangerous weapon or
firearm as defined in section 62.1-01-01, or is an explosive or destructive
device is guilty of a class A felony. 7. As used in this section, "controlled substance" is as defined in subsection 6 of
section 19-03.1-01 and includes counterfeit substances as defined in subsection 7 of
section 19-03.1-01. As used in this section, "willfully" is as defined in section 12.1-02-02. As used in this section, "alcohol" and "alcoholic beverage" are as defined in section 5-01-01. As used in this section, "tobacco" means any form of
tobacco, including cigarettes, cigars, snuff, or tobacco in any form in which it may be
used for smoking or chewing. As used in this section, a wireless electronic communication device includes a cellular telephone, personal digital assistant,
pager, mobile broadband card, internet router, digital camera, two-way radio,
modem, or any other electronic device capable of wireless transmission, reception,
interception, or storage of oral communications, text, e-mail, video or photograph
images, data signals, or radio communications, and also includes a component of a
wireless electronic device, regardless whether the component itself is able to
transmit, store, or receive oral communications, text, e-mail, video or photograph
images, data signals, or radio communications. A wireless electronic communications device does not include a medically prescribed device or any other
device approved by the department. Page No. 8 8. a. It is unlawful for an inmate in a correctional facility to willfully manufacture,
possess, or use a wireless electronic communication device in a correctional
facility except for law enforcement purposes. b. It is unlawful for any person to willfully deliver, or possess with intent to deliver,
a wireless electronic communication device to an inmate in a correctional
facility or to any person for redelivery to an inmate in a correctional facility, or to
allow an inmate to possess or use a wireless electronic communication device
in a correctional facility except for law enforcement purposes. c. A violation of this subsection is a class C felony. 12-44.1-22. Correctional facility register - Contents. Each administrator is responsible for a correctional facility register in which must be entered such inmate information
on such forms as the department of corrections and rehabilitation shall prescribe by rule. 12-44.1-23. Jail report. Repealed by S.L. 1997, ch. 113, § 29. 12-44.1-24. Correctional facility standards - Inspections. The department of corrections and rehabilitation shall: 1. Prescribe rules establishing minimum standards for the construction, operation, and
maintenance of public or private correctional facilities. 2. Prescribe rules for the care and treatment of inmates. 3. Cause rules and regulations to be made available to inmates or be posted in at least
one conspicuous place in each correctional facility. 4. Appoint a correctional facility inspector qualified by special experience, education, or
training to inspect each correctional facility at least once each year to determine if
the rules and regulations have been complied with. Inspection must include health
and safety, fire and life safety, security, rehabilitation programs, recreation,
treatment of persons confined, and personnel training. 12-44.1-25. Inspection report - Notice of noncompliance - Hearing. 1. The correctional facility inspector shall submit a written inspection report to the
administrator of the correctional facility and the director of the department of
corrections and rehabilitation within thirty days following each inspection. 2. The inspection report must specify when a correctional facility complies with, or is in
violation of, required minimum standards, applicable state or federal law, or the
department of corrections and rehabilitation rules for correctional facilities. If a correctional facility is in violation of any required minimum standards, applicable
state or federal law, or department of corrections and rehabilitation rules for
correctional facilities, the director of the department of corrections and rehabilitation
may issue an order of noncompliance. The director shall identify the violation and
required corrective measures in the order of noncompliance and specify the time
limits within which the correctional facility shall correct the violations. The director
shall consider the magnitude or seriousness of the violations and their potential
effects on the health and safety of inmates, staff, law enforcement, and the public,
the cost of correction, and other information the director considers relevant in
establishing the time period for the correctional facility to correct the violations. If the
director determines that the violations are limited and minor, the director may issue a
letter of noncompliance to the correctional facility and identify the violations and
required corrective measures and the correctional facility shall immediately correct
the violations. Page No. 9 3. The director of the department of corrections and rehabilitation may assess the
department's actual costs for inspection and monitoring the correctional facility upon
issue of an order of noncompliance to the correctional facility. 4. If a correctional facility fails to complete required corrective action within the time
specified in the order of noncompliance, the director of the department of corrections
and rehabilitation may issue an order for full, partial, or temporary closure of the
correctional facility. If the director determines that the extent of the noncompliance
presents a danger to the health and safety of inmates, staff, law enforcement,
visitors, or the public, the director may issue an order of immediate full, partial, or
temporary closure without a prior order of noncompliance. 5. Within thirty days after receipt of a notice or order of full, partial, or temporary
closure, the administrator of a correctional facility may request a review of the
determination by the department of corrections and rehabilitation pursuant to chapter
28-32. The review must be heard not more than forty-five days following the request, unless the period is extended at the request of the correctional facility. The
department of corrections and rehabilitation may direct the correctional facility to pay
to the department the reasonable and actual costs incurred by the department for
any investigation and proceedings under this section. 12-44.1-26. Correctional facility variances. 1. A correctional facility shall comply with the requirements of the rules adopted by the
department of corrections and rehabilitation unless a variance has been granted by
the department of corrections and rehabilitation. Any request for a variance must be
in writing and must cite the rule in question, the reasons for requesting the variance,
the period of time for the variance, and an explanation of how the policy of the rule
will be served without strict compliance with the rule. 2. The department of corrections and rehabilitation may grant a variance if it is
determined that: a. Compliance with the rule would cause extreme hardship as a result of
circumstances which are unique to the correctional facility. b. The correctional facility will substantially comply with the policy of the rule
during the time of the variance from the rule. 3. The department of corrections and rehabilitation shall give written reasons for
granting or denying a variance request. 4. In previously existing correctional facilities where specific rules cannot be complied
with because of alleged difficulty or undue hardship, exception to specific physical
plant rules must be made if the intent of the rule is met and security, supervision of
prisoners, established programs, or the safe, healthful, or efficient operation of the
correctional facility is not seriously affected. 12-44.1-27. Corrective action - Enforcement. Repealed by S.L. 2007, ch. 110, § 6. 12-44.1-28. Correctional facility files and records confidentiality. 1. The medical, psychological, and treatment records of an inmate are confidential and
may not be disclosed directly or indirectly to any person, organization, or agency,
except as provided in this section. A court may order the inspection of the records,
or parts of the records, upon an application to the court and a showing that there is a
proper and legitimate purpose for the inspection and the provision of written
authorization from the inmate for the inspection. Notwithstanding any other provision of law relating to privilege or confidentiality, except for the confidentiality Page No. 10 requirements of federal drug and alcohol treatment and rehabilitation laws, medical,
psychological, or treatment records may be inspected by or disclosed to the
following persons, organizations, or agencies without prior authorization from the
inmate or an order from the court: a. A criminal justice agency as defined in subsection 4 of section 44-04-18.7. b. A division, department, official, or employee of the department of corrections
and rehabilitation. c. A federal, state, regional, county, or municipal correctional facility receiving
physical custody of an inmate from the original correctional facility. d. A municipal or district court. e. The department of human services, a public hospital or treatment facility, or a
licensed private hospital or treatment facility. 2. a. A person, agency, or institution governed by statutory confidentiality
requirements and receiving information or records under this section shall
maintain the confidentiality requirements. b. Except as provided in subdivision a, a person, organization, or agency receiving
confidential records under subsection 1 may not redisclose the records and
must maintain the confidentiality of the records. 3. The employment or work release status of an inmate is an open record. 4. Records with respect to inmate identification, charges, criminal convictions, bail
information, and intake and projected release dates are open records. 5. Records with respect to a sentenced inmate's institutional discipline and conduct and
protective management are exempt records as defined under section 44-04-17.1. 6. Institutional discipline and conduct and protective management records of all other
inmates are confidential records and may only be disclosed as provided in
subsection 1. 12-44.1-29. Provision of medication - Training requirements - Verification - Rules. 1. A correctional facility may authorize an employee to provide medication to an inmate
of a correctional facility if the employee is: a. Licensed or registered under title 43 and is providing the medication within the
scope of practice of the profession for which the individual is licensed or
registered; or b. A correctional facility staff member who has successfully completed medication
administration training that has been preapproved by the North Dakota board of
nursing. 2. If a correctional facility uses a correctional facility staff member to provide
medication to an inmate under subdivision b of subsection 1: a. The correctional facility staff member may not provide the medication by the
parenteral route; and Page No. 11 b. The correctional facility shall provide to the board of nursing verification of
appropriate medication administration training for that correctional facility staff
member. 12-44.1-30. Correctional officers authorized to carry weapons. The administrator of a correctional facility may allow a qualified correctional officer to carry a weapon, including a
firearm, during the transport of another governmental agency's prisoner if the correctional facility
has a contract with the governmental agency to transport the agency's prisoners and that
contract requires the officer doing the transport to be armed with a weapon. For purposes of this
section, "governmental agency" means an agency or department of this state or of any political
subdivision in this state, or another state or of a political subdivision of another state, or of the
United States. The administrator of a correctional facility shall adopt a policy, approved by the
director of the department of corrections and rehabilitation, which establishes the qualifications
and training an officer must meet to carry a weapon under this section. Sections 62.1-02-05,
62.1-02-10, and 62.1-03-01 do not apply to the possession and use of a firearm by a qualified
correctional officer acting in the course of employment as allowed by this section. 12-44.1-31. Contracts for out-of-state inmates - Requirements. The governing body of a correctional facility that contracts with another state or a regional correctional center, county,
or city of another state for the confinement of lawfully committed state, county, or city inmates
from the other state is subject to the following conditions: 1. Before a correctional facility may accept an out-of-state inmate, the governing body
of the correctional facility shall approve and sign the contract that authorizes housing
out-of-state inmates. 2. Before accepting an out-of-state inmate, the administrator of the correctional facility
shall review the out-of-state inmate's file and request a nationwide criminal history
background check. The administrator may not accept: a. Any inmate with a history of escape or attempted escape from official detention
as defined under section 12.1-08-06 or under an equivalent federal statute or
statute of another state; b. Any inmate with a history of institutional violence, including violence against
staff or other inmates; c. Any inmate who has pled guilty to, or has been convicted of, a crime of
violence. For the purpose of this section, a crime of violence includes kidnapping and any violation of any state or federal law when the inmate
knowingly or intentionally inflicted, attempted to inflict, or threatened serious
bodily injury, or death, or when the inmate was armed with a firearm,
dangerous weapon, or destructive device; d. An inmate who has been convicted of aggravated assault involving substantial
or serious bodily injury, and the offense is a felony under the laws of the
sending state or under federal law, unless the administrator has obtained the
approval of the department of corrections and rehabilitation in advance of the
placement. The state of North Dakota and any officer or employee of the department is immune from any civil liability for damages for personal injury or
property damage caused by an inmate placed in a correctional facility under
this subsection; e. Any inmate who has pled guilty to, or has been convicted of, a sexual offense in
which the victim was a child under the age of fifteen years, or the inmate
compelled, or attempted to compel, the victim to submit by force or by threat of
imminent death, serious bodily injury, or kidnapping, or if in the course of the
offense, the inmate inflicted serious or substantial bodily injury on the victim; or Page No. 12 f. Any inmate who has a documented affiliation as a member of a criminal street
gang as defined under section 12.1-06.2-01 or equivalent statute of another
state or under federal law. 3. Out-of-state inmates may not be permitted to leave the premises of the correctional
facility except to comply with a court order or to receive medical care. 4. The correctional facility may not house out-of-state inmates in the same cells with
inmates of the department of corrections and rehabilitation. 5. A contract under this section must include a requirement that if an out-of-state
inmate is charged with committing a crime while in the custody of the correctional
facility, the sending state shall take custody of the inmate upon the request of the
correctional facility and the written consent of the state's attorney of the county
where the correctional facility is located. If the sending state takes custody of the
inmate and the state's attorney requests the inmate be returned to this state for
prosecution, the correctional facility is responsible for the cost of returning the
inmate to this state for prosecution. If an out-of-state inmate is convicted and sentenced to the legal and physical custody of the department of corrections and
rehabilitation for a crime committed while in the custody of the correctional facility,
the correctional facility shall reimburse the department for its costs to confine the
inmate until completion of the term of imprisonment. 6. The department of corrections and rehabilitation may not assume custody of an
out-of-state inmate placed in a correctional facility in this state under a contract
between the governing body of a correctional facility and a sending state except
under a lawful sentence and judgment of a district court of this state and after notice
to the sending state. 7. If the state or a political subdivision of this state incurs any cost in the investigation
or prosecution of an offense committed by an out-of-state inmate while in the
custody of a contracting correctional facility, the correctional facility shall reimburse
the state or political subdivision for the costs incurred. 8. A contract under this section must include a requirement that the sending state shall
notify the correctional facility of the expiration date of the out-of-state inmate's
imprisonment when the sending state transfers the out-of-state inmate to the
correctional facility and that the sending state shall retake the out-of-state inmate
before the expiration date of the out-of-state inmate's imprisonment. 9. For purposes of this section, "out-of-state inmate" means an individual who is
convicted of a crime in a state other than North Dakota; "sending state" means
another state and includes a city, county, or regional correctional center of another
state; and "correctional facility" means a facility subject to this chapter. 10. The correctional facility shall defend, indemnify, and hold harmless the state of North
Dakota, its agencies, officers, and employees from and against claims for personal
injury or property damage caused by an out-of-state inmate placed in a correctional
facility under this section. Page No. 13 Document Outline chapter 12-44.1 jails and regional correction centers
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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