North Dakota Code 12-44.1-08 – Confinement of state and federal inmates
1. Grade one correctional facilities may contract for the confinement of offenders in the custody of the department of corrections and rehabilitation if sufficient room is not available at the penitentiary, for purposes of safety, security, discipline, medical care, or when the department of corrections and rehabilitation determines it may be in the best interests of the offender or the department of corrections and rehabilitation.
Terms Used In North Dakota Code 12-44.1-08
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of corrections and rehabilitation. See North Dakota Code 12-55.1-01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Penitentiary: includes any affiliated facilities. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- 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
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. A correctional facility to which a person is sent or committed by legal process issued by or under the authority of the United States shall receive such person into custody for safe detention until discharged under federal law.
3. A correctional facility detaining or confining federal inmates is entitled to compensation in accordance with fee schedules established by the United States.
4. A grade one or grade two correctional facility may be used for the detention of a fugitive from justice in accordance with any act of Congress or the laws of another state. The correctional facility is entitled to reasonable compensation from the officer or jurisdiction regaining custody of the fugitive.