N.D. Cent. Code § 12-44.1-14

12-44.1-14. Inmate rights

1. Subject to reasonable safety, security, discipline, and correctional facility administration

requirements, the administrator of each correctional facility shall:

a. Ensure inmates have confidential access to attorneys and their authorized

representatives.

b. Ensure that inmates are not subjected to discrimination based on race, national

origin, color, creed, sex, economic status, or political belief.

c. Ensure equal access by male and female inmates to programs and services

available through the correctional facility.

d. Ensure access to mail, telephone use, and visitors.

e. Ensure that inmates are properly fed, clothed, and housed.

f. Ensure that inmates have adequate medical care. Adequate medical care means

necessary treatment for a medical or health condition for which serious pain or

hardship would occur if care is not given. A correctional facility may not deny

adequate medical care to an inmate who does not have health insurance or does

not have the ability to pay the costs of the medical or health care.

g. Ensure that inmates may reasonably exercise their religious beliefs.

2. Correctional facility staff or an administrator of a correctional facility may not:

a. Substantially burden the exercise of religion by an offender in the custody of the

correctional facility unless the burden is in furtherance of a compelling

governmental interest and is the least restrictive means of furthering that

compelling governmental interest;

b. Treat religious conduct more restrictively than any comparable secular conduct

unless the correctional facility demonstrates the disparate treatment is necessary

to further a compelling penological interest and is the least restrictive means of

furthering that compelling penological interest; or

c. Deny clergy access to an offender in the custody of the correctional facility for the

purpose of providing religious services unless the correctional facility

demonstrates the denial is necessary to further a compelling penological interest

and is the least restrictive means of furthering that compelling penological

interest.

3. An offender in the custody of a correctional facility claiming to be aggrieved by a

violation of subsection 2 may assert, after exhausting appropriate administrative

remedies, that violation as a claim or defense in a judicial proceeding and, if the

offender is the prevailing party, may obtain appropriate relief, including costs and

reasonable attorney's fees.