12-44.1 Jails and Regional Correction Centers
Download pdf
Loading PDF...
<![CDATA[CHAPTER 12-44.1JAILS AND REGIONAL CORRECTION CENTERS12-44.1-01. Definitions. As used in this chapter:1."Administrator" means the sheriff, chief of police, administrator, superintendent,<br>director, or other individual serving as the chief executive officer of a correctional<br>facility.2."Correctional facility" means a city or county jail or detention center, regional<br>corrections center, or juvenile detention center for the detention or confinement of<br>persons in accordance with law. The use of the term does not imply and may not be<br>used to require the provision of services including treatment, counseling, career and<br>technical education, or other educational services, except as may otherwise be<br>required or provided for under this chapter.3."Correctional facility staff" means correctional personnel with titles such as jailer,<br>deputy, counselor, correctional officer, or any other title, whose duties include the<br>ongoing supervision of inmates in a correctional facility.4."Inmate" means any person, whether sentenced or unsentenced, who is detained or<br>confined in a correctional facility.5."Jail" means a correctional facility, including a county or city jail or a regional<br>corrections center.6."Juvenile detention center" means a publicly or privately established and maintained<br>correctional facility for the detention of juveniles. The term does not include the<br>North Dakota youth correctional center.7."Regional corrections center" means a correctional facility established and<br>maintained by more than one county or city, or a combination of counties and cities,<br>for the confinement of inmates.8."Trained correctional facility staff" means correctional personnel who have<br>completed a course of training approved by the department of corrections and<br>rehabilitation.12-44.1-02.Establishing correctional facilities - Correctional facility contracts -Regional corrections centers.1.For the confinement of lawfully committed persons, the governing body of a county<br>or city shall:a.Establish and maintain a correctional facility at county or city expense;b.Contract for correctional facility services and use of correctional facilities with<br>another county or city that maintains a correctional facility or with the state or<br>federal government; orc.Establish and maintain, pursuant to chapter 54-40 or 54-40.3 and this chapter,<br>a correctional facility in conjunction with other counties and cities.2.Subject to the requirements of section 12-44.1-31, the governing body of a<br>correctional facility may contract with a state or a regional correctional center,<br>county, or city of another state for the confinement of lawfully committed state,<br>county, or city inmates from the other state.Page No. 13.The governing body of a correctional facility may contract with a state or a regional<br>correctional center, county, or city of another state for the confinement of lawfully<br>committed North Dakota inmates in a county, city, or regional correctional facility of<br>another state.4.The governing body of a correctional facility may contract with another correctional<br>facility in this state for correctional services for purposes of safety, security, health<br>and medical reasons, or for correctional facility administration.5.The governing body of a correctional facility may contract for the confinement of<br>inmates lawfully sentenced by a tribal court.6.The governing body of a correctional facility may contract for correctional facility<br>services with a privately operated correctional facility.Contracts with privateagencies that provide correctional facility services may be entered into for up to<br>seven years.12-44.1-03. Safety and sanitation.1.Each correctional facility shall comply with state and local fire, sanitation, safety, and<br>health codes.2.The administrator of a correctional facility, to ensure adequate fire protection, shall<br>install firefighting equipment at appropriate locations throughout the correctional<br>facility.3.Each correctional facility shall have a smoke detection system approved by the state<br>fire marshal and tested on a regular basis.4.Designated exits must permit prompt evacuation of inmates and correctional facility<br>staff in an emergency.12-44.1-04. Administration - Organization - Management. The administrator of eachcorrectional facility shall:1.Formulate an operations manual, available to all correctional facility staff, which<br>delineates the written policies and procedures for operating and maintaining the<br>correctional facility.2.Review and update all policies and procedures in the operations manual at least<br>annually.3.Specify an administrator in the operations manual to whom all correctional facility<br>staff are responsible.The operations manual shall include the administrator'sduties, responsibilities, and authority for the management of the correctional facility<br>staff, inmates, programs, and physical plant.4.Ensure that correctional facility staff who work in direct and continuing contact with<br>inmates receive correctional facility training as determined and approved by the<br>department of corrections and rehabilitation.12-44.1-05.Meal payments.An administrator or correctional facility staff memberreceiving lump sum monthly payments for providing inmate meals shall submit an itemized<br>account of the meal expenses to the governing body of the correctional facility. Any amount of<br>the monthly payment in excess of the itemized account shall be returned to the general operating<br>fund or be given as salary to the person providing the meals, as determined by the governing<br>body of the correctional facility.12-44.1-06. Grades of correctional facilities.Page No. 21.The department of corrections and rehabilitation shall, following inspection pursuant<br>to section 12-44.1-24, grade correctional facilities as to length of allowable inmate<br>confinement based upon construction, size, and usage, as follows:a."Grade one" means a correctional facility for confining inmates not more than<br>one year.b."Grade two" means a correctional facility for confining inmates not more than<br>ninety days.c."Grade three" means a correctional facility for confining inmates not more than<br>ninety-six hours.2.The length of confinement of a prisoner may be temporarily increased on a<br>case-by-case basis in grade one and grade two correctional facilities upon the<br>request of the administrator and the approval of the department of corrections and<br>rehabilitation.12-44.1-06.1.Correctional facilities standards.Grade two and grade threecorrectional facilities do not need to provide outdoor recreation areas or exercise rooms separate<br>from dayrooms. Correctional facilities may allow contact visitation subject to the safety, security,<br>and administration requirements of the correctional facility.12-44.1-06.2. Female inmates in grade one correctional facilities. Expired underS.L. 2003, ch. 666, </p>
<BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content -->
<BR class=clear></DIV>
<!-- /div id = livearea -->
<DIV></DIV><!-- /.col.one -->
<DIV></DIV><!-- /.col.main -->
<DIV></DIV><!-- /#content --><BR class=clear>
<DIV></DIV><!-- /#livearea -->
<!-- Footer-->
<DIV id=footer>
<DIV class=container>
<P class=copyright>Copyright © 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright -->
<P class=footerlinks><A
href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A
href="/terms.html">Terms</A> | <A
href="/privacy.html">Privacy</A></P><!-- /.footerlinks -->
</DIV><!-- /.container -->
</DIV><!-- /footer -->
</BODY></HTML>
]]>