New bill to potentially allow children to stay with incarcerated mothers in prison

Image courtesy of the State of North Dakota

North Dakota legislators have reintroduced legislation (Senate Bill 2352) that would allow children to live with their incarcerated mothers at the upcoming Heart River Correctional Center in Mandan, scheduled to open in 2027. The bill, sponsored by a bipartisan group of senators including Dick Dever, Jeffrey Magrum, Tim Mathern, and Kathy Hogan, mirrors a previously defeated bill (SB 2115). The legislation would provide immunity to prison staff for child injuries unless caused by employee negligence. While the initial bill was defeated due to concerns about uncertain costs and limited legislative oversight, supporters note that funding is already available in the State Health and Human Services budget. Proponents argue passing the bill is crucial now to ensure the new facility is properly designed to accommodate children, replacing the current Dakota Women’s Correctional and Rehabilitation Center in New England.