1.    For purposes of this section, “bordering state” means Minnesota, Montana, or South Dakota.

2.    Unless prohibited by another law and subject to the exceptions in subsection 3, the department may contract with any appropriate treatment or detoxification facility in a bordering state for the treatment of mental illness or substance use disorders or for providing substance use disorder detoxification services for residents of North Dakota. The department may also contract with any public or private agency or facility to provide treatment of mental illness or substance use disorders or to provide substance use disorder detoxification services in North Dakota to residents of a bordering state. An individual who receives treatment for mental illness or a substance use disorder or who receives substance use disorder detoxification services in another state under this section is subject to the laws of the state in which treatment or detoxification is provided. An individual who receives treatment or detoxification in another state under this section must be informed of the consequences of receiving treatment or detoxification in another state, including the implications of the differences in state laws.

3.    A contract may not be entered under this section for treatment or detoxification to individuals who:

a.    Are serving a sentence after conviction of a criminal offense; b.    Are on probation or parole; c.    Are the subject of a presentence investigation; or

d.    Have been committed involuntarily in North Dakota under chapter 25-03.1 for treatment of mental illness or a substance use disorder, except as provided under subsection 5.

4.    Contracts entered under this section must, at a minimum:

a.    Describe the services to be provided; b.    Establish responsibility for the costs of services; c.    Establish responsibility for the costs of transporting individuals receiving services under this section; d.    Specify the duration of the contract; e.    Specify the means of terminating the contract; f.    Specify the terms and conditions for refusal to admit or retain an individual; and

g.    Identify the goals to be accomplished by the placement of an individual under this section.

5.    The department may enter negotiations with appropriate personnel of a bordering state to develop an agreement that conforms to the requirements of this section. An agreement with a bordering state may enable the placement in North Dakota of individuals who require detoxification services, are on emergency holds, or who have been involuntarily committed as mentally ill or having a substance use disorder in a    bordering state and enable the temporary placement in a bordering state of patients who require detoxification services or who are on emergency holds in North Dakota under chapter 25-03.1. An agreement with a bordering state must provide that the North Dakota courts retain jurisdiction over North Dakota residents, and that the bordering state affords to North Dakota residents the rights afforded to the residents under North Dakota law. Individuals committed by a court of a bordering state and placed in North Dakota facilities continue to be in the legal custody of the bordering state. The bordering state’s laws governing length of commitment, re-examinations, and extension of commitment must continue to apply to these residents. In all other respects, residents of a bordering state placed in North Dakota facilities are subject to North Dakota laws. An agreement with a bordering state must specify that responsibility for payment for the cost of care of a resident of a bordering state remains with the bordering state of which that individual is a resident and the cost of care of a North Dakota resident remains with the state of North Dakota. This section applies to detoxification services regardless of whether the services are provided on a voluntary or involuntary basis.