The North Dakota Department of Corrections and Rehabilitation (DOCR) has entered prioritization in accordance with NDCC 54-23.3-11.
Since July 1, 2023, DOCR has exceeded its operational capacity of 1,624 for incarcerated men and has continued on an upward trend and currently stands at 1,779 today. County jail partners, primarily Heart of America Correction and Treatment Center, Southwest Multi-County Correction Center and McKenzie County have accommodated DOCR prison bed capacity issues by contracting for bed space not being utilized by their respective counties. As of Monday, the additional jail beds were full and a waiting list for new admissions into the DOCR has grown. As a result, the DOCR has determined that we must enter the inmate admission prioritization plan.
The prioritization plan allows the DOCR to refuse to admit inmates sentenced to its custody when the admission of inmates will exceed the maximum operational capacity of DOCR and affiliated facilities and result in the department exceeding its appropriation for contracting for housing inmates in other correctional facilities. In these situations, state law requires the department to develop a prison population management plan to prioritize admissions based on sentences and the availability of space in the State Penitentiary and its affiliated facilities. Offenders convicted of violent Class AA, A and B felony offenses receive first priority for incarceration.
“Public safety continues to be our top priority as we enter prioritization,” DOCR Director Colby Braun said.
The DOCR's maximum operational capacity for men and women inmates is 1,624 and 262, respectively. The operational capacity consists of inmate housing at the North Dakota State Penitentiary, James River Correctional Center, Missouri River Correctional Center, Heart River Correction Center, Dakota Women's Rehabilitation and Correctional Center, contractual treatment, transitional/community housing facilities, and contract beds in county and regional correctional facilities. When the average daily inmate population, specific to gender, for a discrete month exceeds the maximum operational capacity, the DOCR will implement the inmate admission prioritization plan the following month.
To learn more about DOCR prioritization, please visit docr.nd.gov/prioritization-plan.