1.    For the confinement of lawfully committed persons, the governing body of a county or city shall:

Terms Used In North Dakota Code 12-44.1-02

  • Contract: A legal written agreement that becomes binding when signed.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

a.    Establish and maintain a correctional facility at county or city expense; b.    Contract for correctional facility services and use of correctional facilities with another county or city that maintains a correctional facility or with the state or federal government; or

c.    Establish and maintain, pursuant to chapter 54-40 or 54-40.3 and this chapter, 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 correctional facility may contract with a state or a regional correctional center, county, or city of another state for the confinement of lawfully committed state, county, or city inmates from the other state.

    3.    The governing body of a correctional facility may contract with a state or a regional correctional center, county, or city of another state for the confinement of lawfully committed North Dakota inmates in a county, city, or regional correctional facility of another state.

4.    The governing body of a correctional facility may contract with another correctional facility in this state for correctional services for purposes of safety, security, health and medical reasons, or for correctional facility administration.

5.    The governing body of a correctional facility may contract for the confinement of inmates lawfully sentenced by a tribal court.

6.    The governing body of a correctional facility may contract for correctional facility services with a privately operated correctional facility. Contracts with private agencies that provide correctional facility services may be entered into for up to seven years.