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Bill > SB2115


ND SB2115

ND SB2115
Limitation of liability for children residing at the Heart River correctional center.


summary

Introduced
01/07/2025
In Committee
01/16/2025
Crossed Over
Passed
Dead
05/03/2025

Introduced Session

69th Legislative Assembly

Bill Summary

A BILL for an Act to create and enact a new subsection to section 54-23.3-04 of the North Dakota Century Code, relating to authorization for children of inmates to reside at the Heart River correctional center; and to amend and reenact section 32-12.2-02 of the North Dakota Century Code, relating to limitation of liability for children residing at the Heart River correctional center.

AI Summary

This bill makes two key changes to North Dakota law concerning the Heart River correctional center and state liability. First, it adds a provision allowing female inmates to have their children reside with them at the Heart River correctional center, with the institution empowered to establish policies and procedures for such arrangements. Second, the bill modifies the state's liability limitations to specifically exclude claims related to children residing at the Heart River correctional center, unless the injury is directly caused by the negligent act of a state employee. This means that the state would generally not be legally responsible for injuries to children living at the facility with their incarcerated mothers, with an exception for cases of clear state employee negligence. The bill appears designed to support family connections while also protecting the state from potential liability in most circumstances involving children at the correctional center. The changes will apply to the state's existing legal framework for governmental liability, which already includes numerous specific limitations on when and how the state can be sued.

Committee Categories

Justice

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Judiciary (Senate)

Last Action

Second reading, failed to pass, yeas 18 nays 29 (on 01/17/2025)

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