N.D. Cent. Code § 12-44.1-26
This is the official text of N.D. Cent. Code § 12-44.1-26, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.
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12-44.1-26. Correctional facility variances
Official statutory text
12-44.1-26. Correctional facility variances
1. A correctional facility shall comply with the requirements of the rules adopted by the
department of corrections and rehabilitation unless a variance has been granted by the
department of corrections and rehabilitation. Any request for a variance must be in
writing and must cite the rule in question, the reasons for requesting the variance, the
period of time for the variance, and an explanation of how the policy of the rule will be
served without strict compliance with the rule.
2. The department of corrections and rehabilitation may grant a variance if it is
determined that:
a. Compliance with the rule would cause extreme hardship as a result of
circumstances which are unique to the correctional facility.
b. The correctional facility will substantially comply with the policy of the rule during
the time of the variance from the rule.
3. The department of corrections and rehabilitation shall give written reasons for granting
or denying a variance request.
4. In previously existing correctional facilities where specific rules cannot be complied
with because of alleged difficulty or undue hardship, exception to specific physical
plant rules must be made if the intent of the rule is met and security, supervision of
prisoners, established programs, or the safe, healthful, or efficient operation of the
correctional facility is not seriously affected.
1. A correctional facility shall comply with the requirements of the rules adopted by the
department of corrections and rehabilitation unless a variance has been granted by the
department of corrections and rehabilitation. Any request for a variance must be in
writing and must cite the rule in question, the reasons for requesting the variance, the
period of time for the variance, and an explanation of how the policy of the rule will be
served without strict compliance with the rule.
2. The department of corrections and rehabilitation may grant a variance if it is
determined that:
a. Compliance with the rule would cause extreme hardship as a result of
circumstances which are unique to the correctional facility.
b. The correctional facility will substantially comply with the policy of the rule during
the time of the variance from the rule.
3. The department of corrections and rehabilitation shall give written reasons for granting
or denying a variance request.
4. In previously existing correctional facilities where specific rules cannot be complied
with because of alleged difficulty or undue hardship, exception to specific physical
plant rules must be made if the intent of the rule is met and security, supervision of
prisoners, established programs, or the safe, healthful, or efficient operation of the
correctional facility is not seriously affected.
Status: in_force · Read it on the official government site
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