N.D. Cent. Code § 12-44.1-07.1

Current through 2023 Legislative Sessions

Section 12-44.1-07.1 - Management of inmate population

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 retention based on the correctional facility's authorized budget.

2. The inmate population plan must take into consideration:

a. The governing body's authorized budget;

b. The inmate's offense;

c. Whether the inmate has been charged, adjudicated, or sentenced;

d. Whether the inmate presents a risk of flight or is a danger to others or self;

e. The inmate's medical needs and mental and behavioral health needs; and

f. Whether the inmate is subject to mandatory incarceration.

3. The inmate population plan must include alternatives to physical custody of individuals under charge or conviction of an offense. Potential alternatives to physical custody include:

a. Placement in a community setting;

b. Work release;

c. Home detention;

d. Electronic home detention;

e. Global positioning system monitoring;

f. Medical, psychiatric, and drug and alcohol treatment;

g. Employment;

h. Pretrial risk assessment;

i. Pretrial supervision; and

j. Participation in the individual justice planning process.

4. This section does not apply when there are exigent circumstances that affect a correctional facility's operations and inmate population, including acts of God and mass arrests.

5. The department of corrections and rehabilitation shall provide technical assistance relating to the implementation of this section to the governing body of a correctional facility upon request from the governing body.

N.D.C.C. § 12-44.1-07.1

Amended by S.L. 2023 , ch. 117( HB 1264 ), § 2, eff. 8/1/2023.

Added by S.L. 2017 , ch. 40( SB 2015 ), § 8, eff. 7/1/2017.