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ND corrections officials tell subcommittee state prison population has exceeded capacity; county jails used for overflow
Summary
DOCR told the Government Finance Regional Jail Study Subcommittee that its male operational cap (1,624) was reached in mid‑2023 and the agency is relying on county and regional jails, negotiated contracts and transitional beds to manage overflow. DOCR outlined placement criteria, treatment partnerships and a pending 120‑bed agreement with Burley Morton.
The North Dakota Department of Corrections and Rehabilitation told a legislative subcommittee that the state’s prison population has grown beyond its operational capacity and that DOCR is using a mix of county jails, transitional facilities and negotiated contracts to manage overflow.
Rochelle Jettman, DOCR deputy director of adult services, said the department’s operational cap for men is 1,624 and “We hit that capacity back in mid 2023, and we have been gradually growing above it.” She described measures already underway: adding modular “man camp” beds, repurposing facilities when the new HRCC opens, and negotiating contracts with regional jails to add capacity.
Jettman said DOCR is finalizing a contract with Burley Morton to secure 120 beds targeted for treatment‑eligible and overflow inmates and that county jails across the state are providing varying degrees of programming and clinical support. She described criteria used to decide whether a person remains in a DOCR facility or is placed in a county jail, citing medical needs, psychiatric risk, custody classification scores (which factor sentence length, age, prior behavior and detainers), and treatment start dates as determinative.
DOCR officials also noted that county jails can and do refuse placements when they lack capacity or staffing. Jettman emphasized the department provides ongoing support — including medical care and case management — to inmates housed in county facilities.
DOCR presented cost comparisons and program differences: county jail daily costs average about $100 for basic shelter and food, transitional facilities average about $97 with programming and work expectations, while DOCR facilities average about $155 per day and include medical, dental, behavioral health, education and reentry services.
Committee members asked about use of out‑of‑state placements. Jettman said sending people out of state may appear cheaper on a per‑day basis but has other costs — disruption to family ties and case planning — and that DOCR prefers to keep placements in North Dakota when possible. The chair noted the legislature appropriated $38,000,000 for intergovernmental housing this biennium to support in‑state placements.
The subcommittee requested additional detail on operational rules and the Century Code provisions Jettman cited; staff had earlier summarized statute language that allows DOCR to set an operational cap and to negotiate minimum daily rates with local facilities when admissions exceed capacity.
The committee received DOCR’s presentation and will continue follow‑up as the department and regional jail partners finalize contracts and placement procedures.
