Title 12, Corrections, Parole, and Probation

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 itemi…

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 fac…

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 fa…

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…

1. The governing body of a correctional facility, in cooperation with law enforcement, state's attorneys, and the judiciary in the judicial district in which the correctional facility is located, shall develop an inmate population plan to prioritize admissions and inmate retentio…

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 d…

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 th…

1. In a correctional facility, a restroom or shower room accessible by multiple inmates at the same time must be designated for use exclusively for males or exclusively for females. 2. In a correctional facility, a restroom or shower room designated for one sex may be used only b…

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 b…

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…

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 …

1. The correctional facility administrator shall establish an inmate account for each inmate. 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 and for…

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…

1. Subject to reasonable safety, security, discipline, and correctional facility administration requirements, the administrator of each correctional facility shall: a. Ensure inmates have confidential access to attorneys and their authorized representatives. b. Ensure that inmate…

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.

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, disc…

1. The department of corrections and rehabilitation shall establish a correctional facility grant committee consisting of two members appointed by the director of the department of corrections and rehabilitation, two members appointed by the North Dakota association of counties, …

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 requireme…

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 p…

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…

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 dan…

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.

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 …

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.

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 re…

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 speci…

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 ci…

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,…

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 …

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…

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…

An inmate sentenced to a correctional facility under this chapter is eligible to earn sentence reductions based upon criteria established by the administrator, including sentence reduction for good conduct. While incarcerated in a correctional facility, an offender may earn no mo…

An inmate is financially responsible for the costs of medical or health care, except for an intake health care assessment and related testing for an examination of the inmate made at the request of the facility. The correctional facility may seek reimbursement from the inmate up …