Prioritization of admission of inmates - Report to legislative management
N.D. Cent. Code § 54-23.3-11
in effect54-23.3-11. Prioritization of admission of inmates - Report to legislative management
1. The department of corrections and rehabilitation may refuse to admit inmates
sentenced to the physical custody of the department when the admission of inmates
will exceed the maximum operational capacity of the penitentiary and its affiliated
facilities and result in the department exceeding its authorized legislative appropriation
for contracting for housing inmates in other correctional facilities.
2. For purposes of this section, maximum operational capacity of the department means
the total number of inmates that may be imprisoned at the same time in the
penitentiary and its affiliated facilities.
3. The department shall develop a prison population management plan to prioritize
admissions based on sentences and the availability of space in the penitentiary and its
affiliated facilities. If the plan includes the use of a local jail or correctional facility, the
department shall negotiate the terms of the agreement with each facility. An agreement
under this section must include a minimum daily rate per inmate, including medical
costs, to be paid by the department to the governing body of the jail or correctional
facility beginning the day after the department receives notice from the district court of
an order placing an individual in the care and custody of the department and ending on
the admission date provided by the department.
4. The department shall report annually to the legislative management on the prison
population management plan and inmate admissions and the number of inmates the
department has not admitted after sentencing.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t54c23-3.pdf#nameddest=54-23p3-11Fetched: 10/16/2026