N.D. Cent. Code § 12-44.1-25

12-44.1-25. Inspection report - Notice of noncompliance - Hearing

1. The correctional facility inspector shall submit a written inspection report to the

administrator of the correctional facility and the director of the department of

corrections and rehabilitation within thirty days following each inspection.

2. The inspection report must specify when a correctional facility complies with, or is in

violation of, required minimum standards, applicable state or federal law, or the

department of corrections and rehabilitation rules for correctional facilities. If a

correctional facility is in violation of any required minimum standards, applicable state

or federal law, or department of corrections and rehabilitation rules for correctional

facilities, the director of the department of corrections and rehabilitation may issue an

order of noncompliance. The director shall identify the violation and required corrective

measures in the order of noncompliance and specify the time limits within which the

correctional facility shall correct the violations. The director shall consider the

magnitude or seriousness of the violations and their potential effects on the health and

safety of inmates, staff, law enforcement, and the public, the cost of correction, and

other information the director considers relevant in establishing the time period for the

correctional facility to correct the violations. If the director determines that the

violations are limited and minor, the director may issue a letter of noncompliance to the

correctional facility and identify the violations and required corrective measures and

the correctional facility shall immediately correct the violations.

3. The director of the department of corrections and rehabilitation may assess the

department's actual costs for inspection and monitoring the correctional facility upon

issue of an order of noncompliance to the correctional facility.

4. If a correctional facility fails to complete required corrective action within the time

specified in the order of noncompliance, the director of the department of corrections

and rehabilitation may issue an order for full, partial, or temporary closure of the

correctional facility. If the director determines that the extent of the noncompliance

presents a danger to the health and safety of inmates, staff, law enforcement, visitors,

or the public, the director may issue an order of immediate full, partial, or temporary

closure without a prior order of noncompliance.

5. Within thirty days after receipt of a notice or order of full, partial, or temporary closure,

the administrator of a correctional facility may request a review of the determination by

the department of corrections and rehabilitation pursuant to chapter 28-32. The review

must be heard not more than forty-five days following the request, unless the period is

extended at the request of the correctional facility. The department of corrections and

rehabilitation may direct the correctional facility to pay to the department the

reasonable and actual costs incurred by the department for any investigation and

proceedings under this section.