Cheryl Thomas, the women's services manager for the North Dakota Department of Corrections and Rehabilitation (DOCR), testified that authorizing a prison nursery at Heart River Correctional Center (HRCC) would support maternal bonding and reduce recidivism.
Why it matters: Supporters said nursery programs give incarcerated mothers a chance to bond with infants during a critical developmental window, potentially improving outcomes for children and lowering reoffending rates. Opponents and some commenters asked for clearer fiscal, operational and liability safeguards before granting broad immunity or authorization.
What witnesses told the committee: Thomas said the DOCR’s proposal would allow infants to reside with incarcerated mothers in a separate, apartment‑style unit within HRCC; the department is planning a new facility and intends to design the space to separate nursery housing from general population. The DOCR described an application-based program that would consider medical, mental‑health and safety factors before placement. Thomas said most incarcerated women are mothers and cited national examples where nursery programs correlated with lower recidivism: Washington (3–5% reduction), Nebraska (10%) and Indiana (16%). She said the DOCR envisions focusing on infants from birth to 18 months because that period is most significant for maternal bonding, and because the average sentence length for women in the system is about 18 months.
Risk management and logistics: Todd Anderson, director of the state Risk Management Division (Office of Management and Budget), told the committee his office worked with the DOCR on model liability language for the bill. Several county human-services directors and zone staff (Burleigh County Human Service Zone) testified in support of the concept but urged detailed operational rules: pediatric CPR and safe‑sleep training for staff, mandated‑reporter training, background checks for any inmates assigned caregiver roles and coordination on child‑welfare assessments.
Opposition and cautionary testimony: Jackie Hall of the North Dakota Association For Justice supported the idea of mothers bonding with infants but opposed the bill’s liability language as written. She and other critics argued the state should not grant sweeping immunity before the program’s policies, staffing, training and facility details were finalized; Hall said broad immunity could remove important legal accountability if a child were harmed.
Fiscal and operational points raised in committee: The DOCR said there was no fiscal note attached because the new facility is not scheduled to open until fall 2027; earlier-state examples suggested initial annual operating costs can be material (one recent state cited a $500,000‑per‑year fiscal request for a comparable program). The DOCR noted that medical care for infants is typically covered by Medicaid and that programs often use WIC and other benefits for food-support needs. The agency said it already has a draft policy and intends to work with Health and Human Services, county zones, community partners and risk management on details.
What the committee asked for and next steps: Committee members repeatedly requested more detail in statute or administrative rules before authorizing broad liability protections — asking specifically for clearer eligibility criteria, staff training standards and a breakdown of expected ongoing costs. DOCR witnesses said they would provide further policy detail and fiscal estimates and would coordinate with relevant state agencies. No committee vote was recorded on the HRCC authorization during this hearing; the bill’s liability provisions generated the most resistance and were the primary focus of written testimony and public comment.
Clarifying details extracted from testimony:
- Target infant age range: birth to 18 months.
- Current HRCC footprint: a 54‑bed facility on the youth correctional campus; a new facility is planned and expected to open in fall 2027.
- Example capacity: apartment‑style units in plans could accommodate multiple mothers (discussion estimated an apartment capacity that could allow roughly a dozen infants under certain population conditions). The DOCR said it had 13 births in one year recently among its incarcerated population.
Provenance (selected transcript evidence):
- SB 2115 hearing title read at transcript block starting s=4006.415 ("Relating to limitation of liability for children residing at Heart River Correctional Center").
- DOCR presentation by Colby Braun and Cheryl Thomas begins at s=4035.095 and s=4121.9404; public and agency witnesses provided follow-up testimony through s=6839.385 when the committee closed the hearing on SB 21/15.
Ending: The committee heard extensive testimony in favor of the concept but asked for additional detail on liability language, fiscal impacts and operational safeguards before advancing statutory authorization. DOCR agreed to coordinate with Health and Human Services and risk management and to supply more detailed policy proposals and cost estimates for the committee’s review.