Senate rejects bill to authorize children to reside at Heart River Correctional Center; members cite missing fiscal and policy details

The North Dakota Senate voted 18 ayes and 29 nays on Senate Bill 2115, rejecting legislation that would have authorized children of incarcerated women to reside at the Heart River Correctional Center and provided a statutory limitation of liability related to those children.

Supporters said the bill was intended to give the Department of Corrections and Rehabilitation (DOCR) clarity to plan for housing infants and toddlers with their mothers at a new facility. "We have authorized the building of this prison. Included in the prison is a dorm situation, where young mothers would be able to bring their child," said Senator Mathern, urging colleagues to vote yes. He added that research in criminology suggests maintaining mother–child relationships can reduce future incarceration risk.

Opponents and several committee members said the bill was premature because it lacked a fiscal note and operational detail. "I'm trying to eat a green banana. It's not ripe yet," said Senator Bridal, describing the bill as an idea without sufficient answers on services, safety, and costs. Judiciary committee members had recommended a do-not-pass on a 7-0 vote, citing unanswered questions about program costs, policy protections for children, and whether the plan would be implemented through administrative rules or internal agency policy.

Debate focused on several recurring concerns: there was no estimate of the additional costs for infant care and services; the committee did not receive clear operational plans for how DOCR would care for infants (including feeding, supplies and safety protocols); and the policy framework for approval or denial of a child residing with an incarcerated parent was not described in rulemaking language. Senator Cory, the bill carrier, said the liability provision on the last page "talks about the children residing at the correctional center," but acknowledged the committee wanted more detail before full adoption.

Supporters said passing the bill would signal legislative intent and allow DOCR to continue planning. "If we vote yes, our legislative intent is very clearly to do a plan to return," said Senator Hogan during questioning, noting a positive vote would require follow-up in policy and appropriations. Several senators said parts of the facility are not yet built and that DOCR would provide more detailed cost estimates in later sessions; one committee member noted the facility would not open until fall 2027.

Final action: The Senate rejected SB 2115, 18-29. The judiciary committee had recommended do not pass (7-0). No implementing appropriations or operational rules were included with the bill; sponsors and committee members said those details would need to be developed if the concept moves forward.

The issue may return in a future session with additional fiscal analysis and program details.