25.0867.02000 Sixty-ninth Legislative Assembly of North Dakota Introduced by Representatives Heinert, Kiefert, Koppelman, Louser, O'Brien, Pyle, M. Ruby Senators Roers, Sickler A BILL for 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. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. A new section to chapter 54-23.3 of the North Dakota Century Code is created and enacted as follows: Denial of admission. 1.If the department of corrections and rehabilitation is beyond capacity and denies the admission of an inmate sentenced to the physical custody of the department, the department may use local jails or correctional facilities and negotiate the terms of the agreement with each facility. 2.Admission of an inmate is denied by the department when a county requests admission to the department with a judgment of conviction ordering an individual to be placed with the physical custody of the department and the request for admission is denied or unavailable within seven days of notification to the department. When the denial of admission exceeds seven days, the department is responsible to pay the contracted rate beginning from the date of initial notification of the judgment of conviction and placement in the physical custody of the department. 3.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 Page No. 1 25.0867.02000 ENGROSSED HOUSE BILL NO. 1344 FIRST ENGROSSMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Sixty-ninth Legislative Assembly 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. Page No. 2 25.0867.02000 1 2