COUNTY MAY CONTRACT WITH STATE PENITENTIARY TO HOUSE PRETRIAL DETAINEE

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June 10, 2020


Request: May a county contract with the ND DOCR to confine a pre-trial detainee?

Conclusion: The county correctional facility has an inmate with medical needs that exceed the capabilities that the county correctional facility is able to provide. The ND State Penitentiary is equipped to handle these unique medical needs, but is unsure if it can take a pretrial detainee. State law allows a county to contract with the DOCR to confine a pre-trial detainee.

Opinion: 2020-L-03

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