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HB 1344

AN ACT to create and enact a new section to chapter 54-23.3 of the North Dakota Century Code, relating to use of local jails or correctional facilities for inmates sentenced to the physical custody of the department of corrections and rehabilitation.

69th Legislative Assembly (2025-26) Introduced by Pat Heinert and 7 co-sponsors

ND DOCR may use local jails to house inmates when capacity is full; negotiates terms with facilities, and pays a per-day rate (incl. medical) retroactively after 7 days of denial.

Filed with Secretary Of State 03/27
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Bill Summary · HB 1344

Summary — HB 1344 (North Dakota)

An Act to create and enact a new section to chapter 54‑23.3 of the North Dakota Century Code, relating to use of local jails or correctional facilities for inmates sentenced to the physical custody of the Department of Corrections and Rehabilitation (DOCR).

Purpose

To authorize and set basic terms for the DOCR to use local jails or other local correctional facilities to house inmates who have been sentenced to DOCR custody when DOCR is beyond capacity, and to establish payment and timing rules when DOCR delays or denies admission.

Key provisions

  • New statutory section added to NDCC chapter 54‑23.3 titled “Denial of admission.”
  • Use of local facilities:
    • When DOCR is beyond capacity and denies admission of a sentenced inmate, DOCR may (not must) use local jails or correctional facilities and negotiate the terms of agreements with each facility.
  • Definition / timing for denial:
    • An admission is considered denied if a county requests DOCR admission with a judgment of conviction ordering placement in DOCR custody and DOCR does not accept or make space available within seven (7) days of DOCR’s receipt of notification.
    • If the denial exceeds seven days, DOCR is responsible for paying the contracted per‑day rate retroactively beginning on the date of the initial notification of the conviction and placement.
  • Contract requirements:
    • Any agreement must specify a minimum daily rate per inmate, and that rate must include medical costs.
    • The payment period runs from the day after DOCR receives notice from the district court of the placement order and ends on the date DOCR actually admits the inmate.

Who is affected

  • Department of Corrections and Rehabilitation — gains authority to contract with local jails, assumes payment responsibility when admission delays exceed seven days.
  • County jails / local correctional facilities — may receive sentenced inmates under negotiated agreements and are entitled to a minimum daily rate (including medical costs) under those agreements.
  • Counties/district courts — will rely on DOCR timelines and negotiations for post‑conviction placement.
  • Inmates sentenced to DOCR custody — may remain in local facilities temporarily when DOCR capacity is exceeded.

Procedural / timeline notes

  • Introduced: November 15, 2024.
  • Legislative approval (enrollment certificate): House vote 90–0; Senate vote 46–0.
  • Emergency clause adopted (so effect is immediate upon approval under North Dakota practice).
  • Filed with Secretary of State: March 27, 2025 (per legislative action log); listed as Act (notification dated April 14, 2025).
  • The provision creates an ongoing statutory framework; no expiration is specified in the text.

Potential impacts

  • Provides DOCR flexibility to address capacity shortfalls while ensuring counties/local facilities are paid when DOCR cannot promptly admit sentenced inmates.
  • Creates a clear seven‑day window that triggers DOCR payment obligations, which may produce new or increased expenditures for DOCR when bed shortages persist.
  • Encourages DOCR and counties to negotiate local agreements covering medical and daily housing costs.

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

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