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SB 2115

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.

69th Legislative Assembly (2025-26)

The bill would authorize children of inmates to live at the Heart River Correctional Center and adjust state liability rules for claims involving those resident children.

Second reading, failed to pass, yeas 18 nays 29
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Bill Summary · SB 2115

Summary — North Dakota SB 2115 (2025)

Status: Introduced March 10, 2025; Second reading — failed to pass (yeas 18, nays 29). Introduced by: Judiciary Committee (at the request of the Department of Corrections and Rehabilitation).

Note: The submission included extraneous text from an unrelated Illinois bill also numbered SB 2115. This summary covers the North Dakota bill described in the header and later text (Heart River correctional center).

Purpose

SB 2115 would (1) add a new subsection to ND Century Code § 54‑23.3‑04 to authorize children of incarcerated persons to reside at the Heart River Correctional Center, and (2) amend and reenact NDCC § 32‑12.2‑02 to address the state’s limitation of liability with respect to children residing at that facility. The bill was requested by the Department of Corrections and Rehabilitation.

Key provisions (as described)

  • Authorize children of inmates to live at the Heart River Correctional Center by creating and enacting a new statutory subsection within NDCC § 54‑23.3‑04. (The specific residency rules, eligibility, supervision, duration, and operational details are not included in the provided excerpt.)
  • Amend NDCC § 32‑12.2‑02 (the statute governing state liability limits and immunities) to explicitly address claims involving children residing at the Heart River Correctional Center. The bill text republishes the liability statute (which caps state liability and lists categories of non‑liability) and would insert the amendment language to clarify how those liability limits and immunities apply to resident children. The exact amendment language was not fully included in the excerpt.

Liability context (existing law cited in bill)

  • NDCC § 32‑12.2‑02 currently limits state liability to specified per‑person and per‑occurrence caps (statutory schedule shown in the bill). It also enumerates many categories of claims excluded from liability (discretionary acts, public‑duty claims, certain institutional injuries, etc.). SB 2115 proposes changes to this section as they pertain to children who would reside at Heart River.

Who would be affected

  • Children of incarcerated individuals (eligibility and protections depend on the final residency rules).
  • Incarcerated parents and families seeking to have children reside at the facility.
  • Department of Corrections and Rehabilitation (operational responsibilities, custody/supervision, program design).
  • State government and taxpayers (potential exposure to claims; changes to liability could increase or limit state financial exposure depending on the amendment).
  • Potential claimants in the event of injury to children residing at the center (their right to seek damages would be shaped by the revised liability language).

Legislative history & outcome

  • Received by Secretary of the Senate and filed March 10, 2025.
  • Referred through relevant committees; second reading failed (yeas 18, nays 29), so the bill did not pass out of the Senate at that stage.

Notes and considerations

  • The provided bill excerpt republishes the full liability statute but does not include the complete new subsection language for § 54‑23.3‑04 nor the precise amendment text to § 32‑12.2‑02. Therefore, details on eligibility criteria, operational protocols for housing children, supervision and safety requirements, and the specific effect on claim rights and financial caps are not available in the material supplied.
  • If reintroduced, important policy considerations would include child welfare and safety standards, staff training and liability exposure, facility modifications, guardianship/consent logistics, and costs to operate such a residency program.

Compiled from official sources — confirm details with the bill’s official record.

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