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3100 Railroad Avenue
Bismarck, ND 58501

701.328.6390 · Phone
701.328.6651 · Fax

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DOCR Training & County Facilities: Inspections

NORTH DAKOTA CORRECTIONAL FACILITY RULES
PREPARED BY THE NORTH DAKOTA DEPARTMENT OF CORRECTIONS AND REHABILITATION

Administration

Rule 1 Each facility must make every reasonable effort to substantially comply with model correctional facility standards such as the standards published by the American Correctional Association.

Rule 2 The Director of the Department of Corrections and Rehabilitation shall determine the grade classification of each facility and shall also determine how many classifications of inmates or detainees may be housed in each facility.

Application Procedure for Correctional Facility
Classification and Inmate Categories

Rule 3 The administrator of each correctional facility shall submit an application for a grade classification which shall specify that the correctional facility is to be considered for a grade one, grade two, or grade three. Each correctional facility shall also specify the number of classifications of inmates, as set out in North Dakota Century Code, Section 12-44.1-09, the correctional facility will detain.

Rule 4 Within a reasonable period of time, the Director of the Department of Corrections and Rehabilitation shall notify the administrator of the approved correctional facility classification and the approved number of classifications of inmates that may be detained in the correctional facility. The Director of the Department of Corrections and Rehabilitation shall also notify the administrator of the terms of any variances that have been granted.

Inspections

Rule 5 Inspections of correctional facilities must be made pursuant to North Dakota Century Code, Chapter 12-44.1 and this article.

Rule 6 Agents (designees) of the Director of the Department of Corrections and Rehabilitation may enter any correctional facility in this state at any time without prior notice, must be admitted without unnecessary delay, and may confer privately with any employee or inmate.

Rule 7 All construction plans or renovation plans with an estimated expenditure of more than ten thousand dollars must have approval from the office of the Director of the Department of Corrections and Rehabilitation before commencement of the project.

Physical Plant

Rule 8 All plans for the construction or major renovation of correctional facilities must be substantially in accordance with model correctional facility standards such as those published by the American Correctional Association. Unless otherwise noted, the square footage requirements apply to plans approved after January 1st, 1992.

Rule 9 Facilities must have a policy and procedure that require separate male and female housing to include visual and physical separation.

Rule 10 All single cells must provide a minimum of 60 square feet. A single cell must provide 70 square feet if confinement exceeds ten hours in a 24-hour period. All single cells must provide a minimum of 35 square feet of unencumbered space.

Rule 11 A multiple occupancy room may be used for medium or minimum security inmates. Correctional staff shall screen inmates before housing in multiple occupancy rooms. A multiple occupancy room must contain 35 square feet of unencumbered space per inmate.

Rule 12 Grade one facilities must provide an outdoor recreation area that allows a minimum of 15 square feet of space per inmate.

Rule 13 Grade one and two facilities must provide an indoor recreation made up of a minimum of 100 square feet with a minimum of 15 square feet per inmate using the area at the same time. Inmates using this area may not have access to other inmates in their cells.

Rule 14 Grade one facilities must provide dayrooms that are separate from indoor recreation areas.

Rule 15 Grade one and two facilities must provide secure visitation areas.

Rule 16 Each facility must have an intake/booking area that is separate and secure from the public and inmate housing areas.

Rule 17 Each facility preparing food must provide adequate space and equipment.

Rule 18 Each facility must provide heating and ventilation systems sufficient to maintain humane comfort.

Rule 19 Each facility must provide a toilet above floor level and wash basin with hot and cold water which are available for use twenty four hours a day without staff assistance.

Rule 20 Each facility must provide adequate showers that are available to all inmates.

Admissions

Rule 21 Health trained staff shall perform medical screening on all inmates at intake. Staff shall record their findings on medical screening forms approved by the facility health care administrator. The facility must have written policy and procedure that include:

  1. Inquiry into:
    • Current illness and health problems, including dental problems, sexually transmitted diseases and other infectious disease;
    • Medication taken and special health requirements;
    • Use of alcohol and other drugs, which includes types of drugs used, mode of use, amounts used, frequency used, date or time of last use and history of problems that may have occurred after ceasing use;
    • Past and present treatment or hospitalization for mental disturbance or suicide;
    • Other health problems designated by the responsible physician;
    • Mental illness.
  2. Observations of:
    • Behavior, which include state of consciousness, mental status, appearance, conduct, tremor and sweating;
    • Body deformities, trauma markings, bruises, lesions, jaundice, ease of movement, etc.
  3. Dispositions to:
    • General population;
    • General population and referral to appropriate health care service;
    • Referral to appropriate health care service on an emergency basis.

Rule 22 A facility housing an inmate who shows signs of mental illness or emotional disturbance or who is detained pursuant to a court-ordered emergency commitment under N.D.C.C. chapter 25-03.1 shall place the inmate under close supervision.

Rule 23 The facility staff shall establish individual files at intake. The following minimum identification data and information must be recorded for each inmate in the facility:

  • Name (and aliases, if any);
  • Address;
  • Date of birth;
  • Sex;
  • Name, address and phone number of person to be contacted in case of an emergency. (Parent or guardian, if juvenile);
  • Employment;
  • Time and date of admission to the facility;
  • Authority for admission;
  • Offense;
  • Name of delivering officer and arresting officer;
  • Medical screening form;
  • Reads and understands English;
  • Space for remarks;
  • Date of release or transfer;
  • Name of person recording the data.

Rule 24 A facility may require an inmate to wear facility clothing. Correctional staff, at their discretion, may permit inmates to wear their own clothing.

Rule 25 Facility staff shall inventory all personal property taken from an inmate on a receipt form made out in the name of the inmate.

Rule 26 Facility staff shall allow the inmate to contact an attorney, a family member, friend, next of kin, or bondsman upon completion of admission or as soon as practical after completion of admission. Facility staff shall allow a reasonable number of attempts to complete a telephone call.

Rule 27 Upon admission, or as soon thereafter as is practical, staff shall provide inmates orientation information in language the inmate understands, to include:

  • Visitation;
  • Mail;
  • Contraband;
  • Prohibited acts and penalties that may be imposed;
  • Grievance procedures;
  • Health care procedures;
  • Inmate cell care responsibilities.

Staff shall document completion of the orientation and shall obtain inmate signature and date.

Supervision and Security

Rule 28 A facility may not detain an inmate without a trained person on duty capable of responding to the reasonable needs of the inmate. When both males and females are housed in the facility, at least one female staff person must be available. An inmate may not be placed in a supervisory capacity over other inmates.

Rule 29 Each facility must have a written policy and procedure for inmate observation. Correctional staff shall observe each inmate during each hourly period on an irregular basis. Correctional staff or a responsible person the administrator may designate shall personally observe inmates who exhibit suicidal tendencies, emotional distress, or have specialized medical problems at more frequent intervals, as their condition requires.

Rule 30 The facility shall maintain a daily written record of the following:

  • Personnel on duty;
  • Inmate population count;
  • Admissions and releases of inmates;
  • Shift activities;
  • Entry and exit of physicians, attorneys, and other visitors;
  • Unusual occurrences.

Rule 31 In order to control contraband, each facility must have a written policy and procedure governing searches of: the facilities; inmate cells, dayrooms, recreation areas, and visitation areas; inmates; and visitors.

Rule 32 Each facility must have a written policy and procedure for clothed and unclothed searches. The policy and procedure must include the following:

  • Only trained medical personnel may conduct manual or instrument searches of body cavities. Trained medical personnel may only conduct body cavity searches when there is a reasonable and articulable suspicion that the person to be searched is concealing drugs, weapons, or other contraband and only upon the prior authorization of the correctional facility administrator. Correctional facility staff shall document their grounds for the search and the trained medical personnel shall document their actions.
  • Correctional staff may only conduct unclothed body searches of a person, including visual inspections of anal or vaginal areas, when the unclothed body search is based on reasonable and articulable suspicion the person may be concealing drugs, weapons, or other contraband.
  • Correctional staff may conduct unclothed body searches, including visual inspections of anal or vaginal areas, of inmates who have had contact visitation or who have returned to the facility after work release.

Rule 33 Each facility must have a written policy and procedure governing the use, storage, inspections and training for authorized weapons.

Rule 34 Each facility must have a written policy and procedure governing use of force. Staff shall document any use of force and submit a written report to the administrator by the end of his/her shift. The facility shall make a reasonable attempt to video tape use of force situations.

Rule 35 Each facility must have a written policy and procedure to provide medical care for any injury inmates or staff may sustain.

Rule 36 Each facility must have a written policy and procedure for a current accounting, security, control and use of keys, tools, culinary and medical equipment.

Rule 37 Each facility must have a written policy and procedure for every security post. The facility shall review the policies and procedures annually and update, if necessary. All staff shall read, sign and date the post orders annually, before beginning a new assignment or when they are updated.

Rule 38 Each facility must have a written policy and procedure regarding actions to be taken in case of an escape. The facility shall review these policies and procedures annually and update, if necessary.

Rule 39 Each facility must have a written policy and procedure to be followed in situations including riots, hunger strikes, hostages, and disturbances. The facility shall review these plans annually and update, if necessary.

Rule 40 Each facility must have a written policy and procedure governing temporary space arrangements in case of a mass arrest that exceeds the maximum capacity of the facility.

Rule 41 Each facility must have a written policy and procedure for the use of restraint devices. Restraint devices may only be used as a precaution against escape, during transports, for medical reasons by direction of the medical personnel, and as a prevention against inmate self-injury, injury to others, or property damage. Restraints may never be applied as punishment.

Rule 42 Each facility must have a written policy and procedure governing the transportation of inmates outside the facility.

Health Care

Rule 43 The administrator shall designate a licensed physician or registered nurse or a county or state health authority to be the health care administrator. The health care administrator shall be responsible for health care administration and development of health care policies and procedures.

Rule 44 Each facility must have a written policy and procedure to provide that inmates have access to necessary medical care including physical, psychiatric, and dental care. The cost of such medical care is subject to payment by or reimbursement from the inmate. Adequate staff, space, equipment, supplies and materials must be provided if health care is delivered in the correctional facility.

Rule 45 A licensed physician or registered nurse must be available on-call on a twenty-four hour basis. Provisions made to notify a licensed physician or registered nurse on duty at a hospital is sufficient. Correctional facilities in communities without a licensed physician or nurse must have arrangements made to provide health care to an inmate on the same basis as any resident of the community. That is, the inmate must be transported to an appropriate health care facility or a licensed physician or nurse must be brought to the correctional facility.

Rule 46 Each facility must have a written policy and procedure for transportation to a medical facility in case of a medical emergency. Emergency telephone numbers must be readily available to correctional officers.

Rule 47 A facility shall transfer inmates with acute psychiatric or other illnesses who require necessary health care beyond the resources available in the correctional facility to a facility where the necessary health care is available.

Rule 48 Each facility must have a training program in which the health care administrator in cooperation with the facility administrator provides instruction in the following areas:

  1. Response to emergency health related situations;
  2. Recognition of signs and symptoms and knowledge of action required in potential emergencies;
  3. Administration of first aid and cardiopulmonary resuscitation;
  4. Methods of obtaining assistance;
  5. Recognition of signs and symptoms of mental illness, retardation, emotional disturbance, and chemical dependency;
  6. Procedures for patient transfers to appropriate medical facilities or health care providers.

Rule 49 Each facility shall maintain a first aid kit. The health care administrator shall determine the contents, locations and procedures for inspection of the kits.

Rule 50 Each facility shall maintain the confidentiality of an inmate's medical records. The medical records file must be separate from the correctional facility confinement records. Requests by the inmate, the inmate’s personal representative, or lawyer for medical attention and the disposition of such requests must be in writing and copies placed in the inmate’s personal medical file. The correctional facility may allow licensed medical personnel access to an inmate's medical file upon the written authorization of the inmate, in cases of emergency, or when necessary for purposes of correctional facility staff and inmate safety and security. When an inmate is transferred to another correctional facility, summaries or copies of the inmate’s health records must be sent to the health care administrator of that correctional facility.

Rule 51 Inactive medical records must be retained as permanent records for a period as provided by law.

Rule 52 A licensed physician, registered nurse, or other qualified person the health care administrator may authorize, shall perform a health appraisal for each inmate detained in a grade one or grade two facility within fourteen (14) days of the inmate's admission. The health care administrator shall determine the nature and extent of the health appraisal. The health care administrator may require a health appraisal at an earlier date if the health care administrator determines it is necessary. The health appraisal must include, at a minimum:

  1. Tuberculosis testing;
  2. Review of health screening;
  3. Collection of additional data to complete the medical, dental, psychiatric, and immunization histories;
  4. Recording of height, weight, pulse, blood pressure and temperature;
  5. Laboratory or diagnostic tests and examinations as deemed appropriate by the health care administrator;
  6. Review of medical examination results;
  7. Every inmate who is convicted of a crime and imprisoned for fifteen days in a grade one or grade two jail or regional correctional center must be tested for the presence of antibodies to or antigens of the human immunodeficiency virus (HIV).

The facility shall document an inmate's refusal to participate in the health appraisal; in whole or in part, and the documentation placed in the inmate’s medical records. If the health care administrator determines that the inmate’s refusal presents a risk to the health or safety of other inmates or staff, the inmate may be administratively segregated from the inmate population until such time as the health care administrator determines that the risk no longer exists.

Rule 53 The facility shall establish procedures to carry out the orders of the health care administrator relating to an inmate’s medical care. Staff shall document all treatment administered to inmates pursuant to orders of the health care administrator.

Rule 54 The facility shall make arrangements for notification of the next of kin or legal guardian of an inmate in case of death. The facility shall notify the county coroner or the state's forensic examiner in the event of an inmate death.

Rule 55 The facility must have a written policy and procedure for detoxification if the facility holds persons for detoxification. A facility may not hold a person for detoxification for more than twenty-four (24) hours. Before a facility may hold a person for detoxification, the facility must be able to provide a staff person or designee within constant hearing distance of the intoxicated person and must be able to provide necessary medical services.

Rule 56 Grade one and grade two correctional facilities must have a written policy and procedure for sick call. Sick call must be provided by a physician or other qualified personnel at least once per week.

Rule 57 Each facility must have a written policy and procedure for receiving and documenting inmate health complaints on a daily basis.

Rule 58 At least one staff person must be on duty at all times in each facility who has received basic first aid training and basic cardiopulmonary resuscitation training (CPR).

Safety and Emergency Procedures

Rule 59 Each facility must have access to equipment necessary to maintain essential lights, power, and communications in an emergency.

Rule 60 Each facility must have a written evacuation plan prepared in case of fire or major emergency. The facility shall review the plan with the state fire marshal or local fire jurisdiction annually and update the plan, if necessary. The plan must include:

  1. Location of building and room plans;
  2. Use of exit signs for traffic flow;
  3. Location of publicly posted evacuation plans;
  4. At least semi-annual fire drills in all facility locations;
  5. Procedures to account for all staff, inmates, and visitors.

Rule 61 All facility personnel must be trained in the implementation of written emergency plans.

Rule 62 Each facility must have a written policy and procedure governing the storage and use of all flammable, toxic, and caustic materials. These policies and procedures must be in accordance with all applicable laws and regulations.

Rule 63 Each facility must have documentation by an independent, qualified source that the facility complies with applicable fire safety codes.

Rule 64 Each facility must have a written policy and procedure specific to the facility for fire prevention to ensure the safety of staff, inmates and visitors. These must include:

  1. Provision for an adequate fire protection service;
  2. A system of fire inspection and testing of equipment at least annually;
  3. An annual inspection by local or state fire officials or other qualified person(s);
  4. Availability of fire hoses or extinguishers at appropriate locations throughout the facility.

Sanitation and Hygiene

Rule 65 Bedding and inmate clothing must be kept clean and laundered at least weekly. Pillows, blankets and mattresses must be sanitized, as often as correctional facility usage and the promotion of inmate health require. The health care administrator must approve delousing materials and procedures.

Rule 66 The facility shall provide each inmate with clean and suitable bedding and sufficient blankets to provide comfort under existing temperature controls. The facility may remove inmate clothing or bedding from an inmate's cell when it determines it is necessary under the circumstances. The facility shall document the reasons for removing inmate clothing or bedding from an inmate's cell.

Rule 67 All mattresses must be of an approved nontoxic fire-retardant material.

Rule 68 Inmates detained for more than twenty-four hours must be provided personal hygiene items such as soap, towels, toothbrush, toothpaste and access to a shower at designated intervals to be determined by the administrator.

Rule 69 An inmate’s hair length may not be restricted if it would violate a sincerely held religious belief unless the restriction is necessary for identification, safety, or security purposes.

Food Service

Rule 70 In grade one and two facilities, the facility’s food service system must be reviewed at least annually by a registered dietician to ensure compliance with nationally recommended food allowances. This review must be documented.

Rule 71 In grade one and two facilities, all menus must be planned, dated, and available for review. The facility shall document any substitutions in the meals actually served, and substitutions must be of equal nutritional value. Each facility shall maintain accurate records of all meals served.

Rule 72 Each facility must have a written policy and procedure that provide for:

  1. Special diets as approved by the appropriate medical or dental personnel;
  2. Special diets for inmates whose religious beliefs require the adherence to religious dietary laws;
  3. Prohibitions of the use of food as a reward or disciplinary measure.

Rule 73 Each facility shall provide inmates at least three meals, of which one is a hot meal, at regular meal times during each twenty-four hour period, with no more than fourteen hours between the evening meal and breakfast. So long as basic nutritional goals are met, variations may be allowed for inmates on work release and based on weekend and holiday food service demands.

Rule 74 Food service facilities, equipment, and employees must meet all applicable health, safety, and sanitation laws and regulations. The administrator shall make a written request to the agency that inspects local restaurants to inspect the correctional facility food service annually. This inspection report must be on file.

Rule 75 If food is prepared inside the facility, the facility must have a written policy and procedure that provides for:

  1. Periodic inspections by the facility or health care administrator of all food service areas to ensure sanitary conditions;
  2. Weekly inspection of all food service areas, including dining and food preparation areas and equipment by administrative, medical or dietary staff.

Telephone and Visitation

Rule 76 An inmate must be allowed to make telephone calls to the inmate’s attorney at reasonable times. These calls may not be monitored. The telephone number of an attorney who has called an inmate must be obtained and the inmate must be permitted to return the call at a reasonable time.

Rule 77 An inmate may be allowed to make telephone calls to persons other than the inmate’s attorney within limitations set by the administrator. The correctional facility shall post a notice in a conspicuous place that it may monitor and record non-attorney telephone calls.

Rule 78 Each inmate must be allowed visits from legal counsel. Upon an inmate’s request, legal counsel is permitted to visit an inmate after admission or as soon as reasonably possible. All subsequent visits by legal counsel may be restricted to reasonable hours.

Rule 79 Each facility must have a written policy and procedure for inmate visitation, including contact visitation. A facility may deny visitation or place restrictions on visitors whenever the administrator has reasonable grounds to believe the visitor presents a threat to correctional facility safety, security, order or inmate rehabilitation. The facility shall document the grounds for restricting or denying visitation. A facility may deny visitation to juveniles who are not members of an inmate’s immediate family.

Rule 80 Visiting hours must be reasonably convenient but within such limitations as established by the administrator. Visiting hours must be posted in a conspicuous place.

Rule 81 Written policy and procedure on visitation must include clear instructions to staff relating to visitor search procedures. Visitor unclothed body searches must be based on a reasonable and articulable suspicion the visitor to be searched is concealing drugs, weapons, or other contraband. Correctional facility staff may search any item a visitor brings into a facility for contraband.

Mail

Rule 82 Each facility must have a written policy and procedure to govern incoming and outgoing mail. Privileged correspondence means correspondence to: licensed attorneys, judges and clerks of federal, state and local courts; elected and appointed officials of the federal government or any state; and members of the parole board or pardon advisory board.

  1. Outgoing privileged correspondence may not be opened, inspected, or censored. Outgoing privileged correspondence initiated by an indigent inmate and which contains legal documents must be mailed without charge to the inmate. This extends only to first-class postage for legal mail and does not include registered, certified, or insured mail. Indigent inmates must also be provided free envelopes and writing materials for the mailing and drafting of legal documents. Indigent inmates must be provided a reasonable amount of stamps, envelopes and writing materials for other privileged correspondence.
  2. Incoming privileged correspondence may be treated as privileged only if the name and official status of the sender appears on the envelope. All incoming privileged correspondence may be opened and examined for contraband, but only in the presence of the inmate. In no case may the privileged correspondence be read or censored.

Rule 83 Each facility must have a written policy and procedure to provide for inmate access to reading materials, magazines, newspapers, and periodicals. Inmates may receive books, magazines, newspapers and other printed materials that have been sent directly to the inmate by the publisher, subject to safety, security, deterrence, order and inmate rehabilitation needs. Items not sent directly by the publisher may be allowed in the discretion of the correctional facility administrator. Bulk mailing materials may be rejected.

Rule 84 Each facility must have a written policy and procedure to provide that mail may be read, censored, or rejected based on legitimate facility interests of safety, security and order. In each case where it is necessary to remove any item, reject or censor a written record must be made of such action to include:

  1. The inmate name and number;
  2. A description of the mail in question;
  3. A description of the action taken and the reason for such action;
  4. The disposition of the item(s) involved;
  5. Signature of the acting officer;
  6. Notification to the inmate.

Reading and Legal Materials

Rule 85 Each facility must have a written policy and procedure to provide inmates reasonable access to adequate legal materials or adequate assistance from persons trained in the law for purposes of preparing a defense in a criminal prosecution, for challenging a criminal conviction on direct appeal, post-conviction, habeas proceedings, and for challenging conditions of confinement. A list of persons trained in the law must be available to the inmates. Adequate legal materials include: a current edition of a leading legal dictionary; North Dakota and federal rules of civil, criminal and appellate procedure; rules of court for North Dakota and for the United States District Court for the district of North Dakota; chapters of the North Dakota century code relating to criminal procedure, substantive criminal law, and state habeas and post-conviction relief; North Dakota cases related to criminal law and procedure reported in the Northwest Reporter, 2d; United States district court forms for 28 U.S.C. & 2254 habeas proceedings; and federal cases and statutes related to federal habeas corpus and federal civil rights. A facility may provide access to adequate legal materials through any source, including the following: the law library of the state’s attorney, the law library of the district court; the North Dakota State Penitentiary law library; and may include photocopies of legal materials from any sources.

Rule 86 Inmates may be permitted to purchase or receive legal materials from sources approved by the administrator.

Exercise and Recreation

Rule 87 Grade one and grade two correctional facilities shall provided inmates a minimum of one hour daily physical exercise outside their cells. The facility may provide physical exercise within the cell if the administrator has reasonable grounds to believe that the release of an inmate from the cell may jeopardize correctional facility safety, security or order. The facility shall document any grounds for not allowing an inmate physical exercise outside the inmate's cell. The indoor recreation area must be separate from the dayroom in grade one correctional facilities.

Rule 88 Inmates in grade one correctional facilities who are detained for more than thirty consecutive days must be provided a minimum of one-hour daily physical exercise in a secure outdoor recreation area. Physical exercise within the living space or indoor recreation area may be provided if the administrator has reasonable grounds to believe that the release of an inmate to an outdoor area would jeopardize correctional facility security. Such reasonable grounds must be documented. This one-hour outdoor daily physical exercise may be in lieu of the physical exercise provided for in Rule 82. The administrator may require that inmates exercise outdoors when the administrator has determined the weather is adequate. Administrators in all correctional facility classifications are encouraged to provide for physical exercise in a secure outdoor recreation area for all inmates.

Rule 89 The minimum space requirements for exercise areas are as follows:

(Post 1992 construction)

  1. Outdoor exercise area—15 square feet per inmate for the maximum number of inmates expected to use the space at one time, but not less than 1,500 square feet of unencumbered space;
  2. Covered/enclosed exercise areas in facilities of 100 or more inmates—15 square feet per inmate for the maximum number of inmates expected to use the space at one time, with a minimum ceiling height of 18 feet, but not less that 1000 square feet of unencumbered space;
  3. Covered/enclosed exercise areas in facilities of less than 100 inmates expected to use the space at one time, with a minimum ceiling height of 18 feet, but not less than 500 square feet of unencumbered space.

Inmate Rights

Rule 90 Each facility must have a written policy and procedure for the practice of religion. Inmates have the right to exercise sincerely held religious beliefs subject only to limitations reasonably related to correctional facility safety, security, deterrence and order.

Rule 91 Each inmate is entitled to necessary medical care including physical, psychiatric and dental care.

Rule 92 Each facility must have a written policy and procedure to protect inmates from personal abuse, corporal punishment, personal injury, disease, property damage and harassment.

Rule 93 Each facility must have a written policy and procedure to allow all inmates to file grievances. A correctional facility may not subject an inmate to disciplinary action for reporting a grievance. The policy and procedure must include:

  1. Forms on which an inmate may report a grievance;
  2. The facility shall provide a written report setting forth the results of the investigation and any recommendation for the disposition of the grievance to the inmate and shall file the report in the correctional facility records;
  3. The inmate may file a response within a prescribed reasonable time limit, with special provisions for responding to emergencies;
  4. The facility shall provide at least one level of appeal which may not be reviewed by the same individual who initially reviewed the grievance. The reviewing authority shall document the findings and the disposition of the appeal. The facility shall provide a copy of the appeal report to the inmate and shall file the appeal report in the correctional facility records.

Inmate Responsibilities

Rule 94 Inmates shall keep their cell clean and orderly.

Rule 95 Destruction of or damage to correctional facility property or legal materials by an inmate may result in disciplinary action and referral to the state’s attorney for possible criminal charges.

Rule 96 The correctional facility administrator may require convicted inmates to perform work. The correctional facility may not require a pre-trial detainee to perform work other than routine general housekeeping duties. The correctional facility administrator may allow a pre-trial detainee to perform work only upon the request of the pre-trial detainee.

Inmate Rules and Discipline

Rule 97 Each facility must have written rules of inmate conduct that specify acts prohibited in the correctional facility and the penalties that may be imposed for various degrees of violation. The facility shall make these rules available to all inmates and establish procedures to ensure that all inmates understand the rules. Facility staff shall document disciplinary action of any kind and the administrator must review the disciplinary action.

Rule 98 Disciplinary reports must include the following information:

  1. Specific rules violated;
  2. A formal statement of the charge;
  3. An explanation of the event, which should include: who, what, when, where, why and how, and any immediate action taken by staff;
  4. Disposition of any physical evidence;
  5. Staff and inmate witnesses and statements;
  6. Date and time the report is completed and reporting staff signature.

Rule 99 Each facility must notify inmates that in instances where an inmate is alleged to have committed a crime, the case may be referred to appropriate law enforcement officials for possible prosecution in addition to internal discipline.

Rule 100 In grade one and grade two correctional facilities, an inmate accused of violating a correctional facility rule which could result in disciplinary segregation must receive a twenty four hour notice of the charges prior to the disciplinary hearing.

Rule 101 Emergency circumstances may require that an inmate be placed in administrative segregation for a violation of the facility rules prior to a disciplinary hearing. Such emergency and administrative action must be documented. A disciplinary hearing must follow such administrative action as soon as possible.

Rule 102 Each facility must have a written policy and procedure to provide that:

  1. The disciplinary hearings are conducted by an impartial person or panel of persons;
  2. The inmate has the right to appear at the hearing and testify;
  3. The inmate must be allowed to call witnesses and present documentary evidence in the inmate's defense if permitting the inmate to do so will not jeopardized security, order, or rehabilitation. Reasons for not allowing this must be documented in the hearing record;
  4. A written record is made of the disciplinary hearing decision. A copy of the disciplinary hearing decision is given to the inmate
  5. Inmates have the right to appeal decisions of the disciplinary hearing officers(s) to the administrator or an independent authority
  6. Any disciplinary action recommended by the hearings officer(s) may be reduced on appeal but not increased.

Special Management Inmates

Rule 103 If a facility has a segregation units, it must have a written policy and procedure to govern the supervision of inmates under administrative segregation, protective custody, and disciplinary detention.

Rule 104 The facility administrator or designee may order immediate segregation when it is necessary to protect the inmate or others. This action must be reviewed within three working days by the classification, disciplinary or appropriate authority.

Rule 105 Except for emergencies, a correctional facility may place an inmate in disciplinary detention for a rule violation only after it provides the inmate a hearing.

Rule 106 A correctional facility shall review the status of inmates in administrative segregation every seven days.

Rule 107 The facility shall have a review process that is used to release an inmate from administrative segregation.

Rule 108 A facility may only admit an inmate to the segregation unit for purposes of protective custody when there are reasonable grounds establishing that protective custody is warranted and no reasonable alternatives are available. Facility staff shall document the grounds for placing an inmate in a segregation unit for purposes of protective custody.

Rule 109 Whenever an inmate in segregation is deprived of any usually authorized item or activity, facility staff shall make a report of the action and provide the report to the facility administrator.

Rule 110 Inmates in segregation must have the opportunity to shave and shower at least three times per week.

Rule 111 Inmates in segregation are entitled to the issue and exchange of clothing, bedding, and linen and for laundry, barbering, and hair care services on the same basis as inmates in the general population. Exceptions may be permitted only where found necessary by the senior officer on duty and are recorded in the unit log.

Rule 112 A facility may provide inmates in segregation with opportunities for visitation, unless the facility has legitimate penological reasons for denying visitation. Facility staff shall document the grounds for denying inmates in segregation opportunity for visitation.

Rule 113 Inmates in disciplinary detention may be allowed limited telephone calls related specifically to access to the courts and family emergencies as determined by the facility administrator.

Training and Staff Development

Rule 114 Each facility must have a written policy and procedure requiring that all correctional officers participate in an orientation-training program prior to independent assignment. The orientation program must meet the particular needs of the correctional facility and must include at a minimum:

  1. Facility policy and procedures;
  2. All emergency procedures to include basic first aid and CPR;
  3. Classification of prisoners;
  4. Booking procedures to include health screening;
  5. Use of force to control inmates;
  6. Suicide behavior and actions required if suicidal behavior is encountered.

Rule 115 All administrators and correctional staff who work in direct and continuing contact with inmates shall within their first year of employment receive training determined and approved by the Department of Corrections and Rehabilitation and shall receive an additional forty eight hours of training during every three year period following the first day of January after the date of employment.

Rule 116 All personnel authorized to use firearms, chemical agents or other weapons must be trained on a continuing, in-service basis. Personnel must be required to qualify annually.

Juvenile Detention Centers

Rule 117 Juvenile detention centers must meet, at a minimum, the regulations contained herein. The Director of the Department of Corrections and Rehabilitation shall determine, for each juvenile detention facility in this state, whether county, city or privately administered, the maximum number of hours or days that juveniles may be detained. In addition, the Director of the Department of Corrections and Rehabilitation may impose other conditions to the authorization for such facility, including, but not limited to, physical plant requirements of such facility.

Rule 118 Juvenile detention facility administrators shall follow all rules applicable to adult correctional facilities unless otherwise provided for under the rules specifically applicable to juvenile detention facilities or unless the department has granted a variance pursuant to North Dakota century code section 12-44.1-26.

Rule 119 Juvenile detention centers must be secure but every effort must be made to minimize the appearance of a correctional facility.

Rule 120 Coeducational programs and activities may be utilized in juvenile detention centers if adequate supervision is maintained.

Rule 121 A juvenile detained for more than ninety-six hours must be given reasonable assistance in obtaining educational materials and assignments necessary to keep the juvenile current in regular school studies.

Rule 122 All juvenile detention centers must have an administrator appointed by the governing authority and a budget separate from adult corrections, detention or correctional facilities.

Rule 123 The facility must be secured in such a way that juveniles remain within the security perimeter and that access by the general public is denied without proper authorization. Sight and sound separation must be maintained between juvenile detainees and all persons not authorized to be present within the juvenile detention facility.

Rule 124 Each facility must provide a toilet above floor level and wash basin with hot and cold water which are available for use twenty four hours a day without staff assistance.

Rule 125 All classifications of inmates in juvenile detention centers authorized to detain juveniles for more than ninety-six hours must have equal access to a dayroom. If more that one classification of inmates has access to the same dayroom, then the dayroom must be separated from the inmate cells or dormitories.

Rule 126 All classifications of inmates in juvenile detention centers authorized to detain juveniles for more than ninety-six hours must have equal access to an exercise room. Inmate physical exercise in a juvenile detention center may be provided in a separate exercise room or in the dayroom. If more than one classification of inmates will have access to the same exercise room, then the exercise room must be separated from the inmate cells or dormitories.

Rule 127 Juvenile detention centers authorized to detain juveniles for more than ninety-six hours must provide adequate and secure space for conducting educational and counseling programs for inmates, which must be equally available to all classifications of inmates.

Rule 128 Plans for the construction or major renovation of juvenile detention centers must be substantially in accordance with model correctional facility standards such as those published by the American Correctional Association.

Rule 129 Juveniles shall be allowed to complete at least two telephone calls as soon as practical after admission into the facility.

Rule 130 Facilities must have a policy and procedure for juvenile observation. Correctional staff shall observe each juvenile during each half-hour period on an irregular basis. Correctional staff shall personally observe juveniles who exhibit suicidal tendencies, emotional distress, or have specialized medical problems at more frequent intervals, as their condition requires.

Rule 131 Each facility must have a policy and procedure for sick call. Sick call is provided at least once per week.

Rule 132 Each facility shall provide three meals, of which one is a hot meal, at regular meal times during each twenty-four hour period, with no more than fourteen hours between the evening meal and breakfast. So long as basic nutritional goals are met, variations may be allowed based on weekend and holiday food service demands.

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» Special Management Inmates
» Training and Staff Development
» Juvenile Detention Centers

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