North Dakota Senate Bill 2128 faces criticism over correctional facility funding concerns

The House Judiciary Committee of the North Dakota Legislature convened on March 24, 2025, to discuss several pressing issues, primarily focusing on the implications of Senate Bill 2128. The meeting highlighted significant concerns regarding the state's Department of Corrections and Rehabilitation (DOCR) capacity and the financial ramifications of the proposed legislation.

The discussion opened with a critical assessment of Senate Bill 2128, which was described as exacerbating existing problems within the correctional system. A representative from Cass County emphasized that the DOCR is currently operating at 112% capacity, leading to a deferred admission enrollment as of November 2024. This overcapacity situation means that local correctional facilities are holding inmates who are ordered to DOCR custody but cannot be transferred due to a lack of available space.

Concerns were raised that the implementation of the bill would further strain local resources, both financially and infrastructurally. The representative argued that the bill fails to address the critical issue of overcrowding and would require significant funding—estimated at $43.7 million between the 2025-2027 and 2027-2029 bienniums—to house additional inmates and support staff. This financial burden, they noted, would compete with other essential state needs, such as water control projects, highway maintenance, and health services.

The representative also pointed out that no amendments had been proposed to the House Appropriations section to address the fiscal implications of the bill. They expressed concern that without adequate funding and infrastructure, the bill's success would be uncertain, potentially forcing the DOCR to make cuts that could impact its priorities.

In conclusion, the meeting underscored the urgent need for a comprehensive approach to address the challenges facing the DOCR, particularly regarding capacity and funding, as the committee deliberates on the future of Senate Bill 2128. The discussions highlighted the importance of balancing legislative initiatives with the state's available resources and pressing needs.