CHAPTER 120
HOUSE BILL NO. 1027
(Legislative Council)
(Interim Budget Committee on Government Finance)
(Representatives Hausauer, Howard, Boucher)
(Senators Nalewaja, Streibel, Tomac)
YOUTH CORRECTIONAL FACILITY NAME CHANGE
AN ACT to provide for the sentencing of offenders to the custody of the department of corrections and rehabilitation and to rename the state industrial school the North Dakota youth correctional center; to create and enact a new subsection to section 1-01-49 and a new section to chapter 12-47 of the North Dakota Century Code, relating to the definition of penitentiary and the authority of the warden; to amend and reenact sections 11-15-25, 12-46-01, 12-46-13, 12-46-15, 12-46-17, 12-46-18, 12-47-11, 12-47-12, 12-47-17, 12-47-21, 12-48-01, 12-55-31, 12-59-16, 12.1-32-02, 19-03.1-23, subsection 5 of section 27-20-31, section 27-20-32, subsection 2 of section 27-20-36, subsection 2 of section 27-20-37, and section 44-04-04 of the North Dakota Century Code, relating to commitment of offenders to custody of the department of corrections and rehabilitation; and to repeal chapter 12-51 of the North Dakota Century Code, relating to the Missouri River correctional center.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. Commitment of offenders to department of corrections and rehabilitation - Place of confinement.
1. If a judge of the district court imposes a term of imprisonment to a state correctional facility upon conviction of a felony or a class A misdemeanor. the judge may not designate a state correctional facility in which the offender is to be confide but shall commit the offender to the legal and physical custody of the department of corrections and rehabilitation.
2. After assuming custody of the convicted person, the department of corrections and rehabilitation may transfer the inmate from one correctional facility to another for the purposes of diagnosis and study, treatment, and rehabilitation, as best ftts the needs of the inmate and for the protection and welfare of the community and the inmate.
[1] SECTION 2. A new subsection to section 1-01-49 of the North Dakota Century Code is created and enacted as follows:
"Penitentiary" includes any affiliated facilities.
- ↑ 59 Section 1-01-49 was also amended by section 1 of Senate Bill No. 2344, chapter 55, and section 1 of Senate Bill No. 2343, chapter 103.
