Final Report

BUDGET COMMITTEE ON GOVERNMENT SERVICES

The Budget Committee on Government Services was assigned responsibilities in three areas. Section 6 of House Bill No. 1506 directed a study of the long-term prison needs of the state and House Concurrent Resolution No. 3037 directed a study of the needs of individuals with mental illness, drug and alcohol addictions, and physical or developmental disabilities.

North Dakota Century Code Section 54-40-01 provides that between legislative sessions a committee of the Legislative Council may approve any agreement entered into by a state agency with the state of South Dakota to form a bistate authority to jointly exercise any function the agency is authorized to perform by law. The Legislative Council assigned this responsibility to the committee.

Committee members were Representatives Ron Carlisle (Chairman), Bette B. Grande, Pam Gulleson, Joe Kroeber, Ralph Metcalf, Darrell D. Nottestad, Chet Pollert, Louise Potter, and Amy Warnke and Senators Richard Brown, Duaine C. Espegard, Joel C. Heitkamp, Ed Kringstad, Elroy N. Lindaas, and Stanley W. Lyson.

The committee submitted this report to the Legislative Council at the biennial meeting of the Council in November 2004. The Council accepted the report for submission to the 59th Legislative Assembly.

LONG-TERM PRISON NEEDS

Pursuant to Section 6 of 2003 House Bill No. 1506, the committee studied the long-term needs of state inmates and whether the Department of Corrections and Rehabilitation should continue to contract to house state female inmates with county jails or if the state should expand the prison system. As part of this study, the committee received testimony from representatives of the Department of Corrections and Rehabilitation and the Dakota Women's Correctional Rehabilitation Center in New England regarding contract housing of state female inmates; reviewed inmate populations, sentence lengths, and recidivism rates; reviewed the condition of the east cellhouse at the State Penitentiary; reviewed land owned by the Department of Corrections and Rehabilitation; received testimony regarding the state's criminal justice process from arrest to release; and reviewed the effectiveness of alternatives to incarceration.

Department of Corrections and Rehabilitation

Background

The Department of Corrections and Rehabilitation includes two major programs--juvenile services and adult services. Within each of the two programs is an institutional division and a community division. Therefore, the four major areas of the department are the Field Services Division (adult parole and probation across the state), Prisons Division (State Penitentiary, Missouri River Correctional Center, and James River Correctional Center), Juvenile Community Services, and the Youth Correctional Center.

Correctional Facilities

The State Penitentiary in east Bismarck is the main prison complex, consisting of 550 prison beds, and houses maximum security inmates as well as some medium security inmates. The James River Correctional Center in Jamestown, which has 385 prison beds, is designated to hold medium security male inmates and housed the majority of the female inmates until they were transferred to the Dakota Women's Correctional Rehabilitation Center in New England during the 2003-05 biennium. The Missouri River Correctional Center in southwest Bismarck, which has 150 prison beds, houses minimum security male inmates and also housed some female inmates until they were transferred to the New England facility. Other inmates may be held in local correctional centers, in the community placement program, and in other states' facilities through the interstate compact program.

The Tompkins Rehabilitation and Correction Center, a combined program located on the campus of the State Hospital in Jamestown, is managed through the department's Field Services Division and houses both inmates and noninmates. The Tompkins Rehabilitation and Correction Center is the combination of the Tompkins Rehabilitation and Corrections Unit from the Stutsman County Corrections Center and the Corrections Rehabilitation and Recovery Center (DUI Center). The Tompkins Rehabilitation and Corrections Center consists of three 30-bed wards--one ward (30 beds) for females and two wards (60 beds) for males.

The Division of Juvenile Services is responsible for the Youth Correctional Center. The center, located west of Mandan, is the state's secure juvenile correctional institution. The center serves as a detention and rehabilitation facility for adjudicated juveniles who require the most restrictive placement and maximum staff supervision and provides appropriate programming to address delinquent behavior. Juvenile programming at the center includes drug and alcohol programming; child psychiatric and psychological services; a pretreatment program for juveniles who are difficult to manage; and a security intervention group program to inform, educate, and provide juveniles with alternatives to gang activity and gang affiliation. The center provides adjudicated adolescents an opportunity to complete or progress toward completing their education coursework while in residence.

Community Services

The Community Services Division of the Division of Juvenile Services has nine satellite offices serving the eight human service regions across the state and is staffed to provide supervision to juveniles committed by the courts. The division's case managers supervise about 500 juveniles per day.

The Field Services Division has offices across the state staffed by parole and probation officers and manages nearly four times more felons in the community than are in the state's prison facilities. As of June 1, 2004, the Field Services Division population supervised was 4,175.

2003-05 Biennium Appropriation

The 2003-05 biennium appropriation for the Department of Corrections and Rehabilitation is $114.3 million, of which $81.7 million is from the general fund. The $114.3 million total includes $93.1 million, of which $68.5 million is from the general fund, for adult services and $21.2 million, of which $13.2 million is from the general fund, for juvenile services. The 2003 Legislative Assembly included $6.7 million from the general fund in House Bill No. 1506 for contracting to house state female inmates at county facilities for the 2003-05 biennium, and $1 million was appropriated in the Prisons Division of the department for unspecified purposes which the department could use for costs of contracting to house female inmates. A total of 644.18 full-time equivalent (FTE) positions were authorized for the 2003-05 biennium, an increase of 29 FTE positions from the 2001-03 authorized level.

Female Inmate Housing Contract Status

Background

The 2003 Legislative Assembly anticipated one of the county facilities that could house the female inmates was the former St. Mary's School in New England. The 2003-05 biennium legislative estimate for female inmate contract housing anticipated a daily rate of $67 per inmate, $79 for each inmate needing intensive treatment services, and an additional $5.15 per day per inmate for medical-related costs. The number of female inmates was projected to range from 104 to 136 during the biennium.

2003 Related Legislation

Two bills relating to the housing of state female inmates were passed by the 58th Legislative Assembly (2003):

House Bill No. 1506 provided that a Grade 1 correctional facility that has a contract with the Department of Corrections and Rehabilitation to confine female inmates who have been sentenced to the physical and legal custody of the department may confine the female inmate for more than one year in accordance with the terms of the contract. The bill also provided that a female inmate confined in a county jail under this section is entitled to the same rights to sentence reduction for good and meritorious conduct and to pardon and parole as an inmate confined to a facility of the department.

House Bill No. 1271 provided that if no qualified state facility is available, the director of the Department of Corrections and Rehabilitation is required to contract with a county for the housing of female inmates in a county jail. The bill requires that the county with which the department contracts must have available and must provide the female inmates access to educational and vocational programs, chemical dependency treatment programs, mental health programs, medical services, and adequate recreational facilities.

Female Inmate Housing Contract

House Bill No. 1506 also includes a section of legislative intent providing that the state contract with county facilities to house state female inmates during the 2003-05 biennium. The Dakota Women's Correctional Rehabilitation Center (former St. Mary's School) in New England was the only county facility that was willing to house all state female inmates for the 2003-05 biennium. After several weeks of negotiations, the Dakota Women's Correctional Rehabilitation Center and the Department of Corrections and Rehabilitation signed a contract for housing female inmates on September 2, 2003, effective through June 30, 2005. The contract provides that the department will pay a daily rate of $62.23 per inmate or $74.23 per inmate needing intensive treatment services. In addition a $15.50 per inmate daily amount for medical-related costs is deposited into a special account and used for inmate medical expenses and if medical costs exceed the amount available in the medical account, the Dakota Women's Correctional Rehabilitation Center is to pay the first $50,000 of additional expenses and the state is responsible for any additional amounts. Originally, it was projected that the increase in the daily contract rate for the female inmates over the amount anticipated by the 58th Legislative Assembly would result in an increase in female inmate contract costs of approximately $300,000 for the 2003-05 biennium.

Dakota Women's Correctional Rehabilitation Center Facilities

The prison facilities at the Dakota Women's Correctional Rehabilitation Center in New England consist of the administration building and Haven Hall. The administration building contains the medium security dormitory, the future maximum security dormitory, the cafeteria, two gymnasiums (one for minimum security inmates and one for higher security inmates), the infirmary, auditorium, library, visitation room, classrooms, and the industries room. Inmates gain access to the secure recreation yard through the administration building. Haven Hall is the minimum security dormitory and contains the chapel.

Female Inmate Transfer Delays

The 58th Legislative Assembly anticipated the female inmates to be housed at a contract facility for the entire 2003-05 biennium beginning July 1, 2003. However, contract negotiations and remodeling delays resulted in delays in the transfer of the state female inmates from the James River Correctional Center in Jamestown to the Dakota Women's Correctional Rehabilitation Center in New England. The following is a chronology of events relating to the New England facility:

June 6, 2003	The Department of Corrections and Rehabilitation sent a request for proposals to county facilities regarding housing of state female inmates.
June 26, 2003	The Dakota Women's Correctional Rehabilitation Center reported at the Budget Committee on Government Services meeting that it anticipated to be ready to receive female inmates on August 1, 2003.
July 1, 2003	The 58th Legislative Assembly anticipated the state female inmate housing contract would begin.
July 7, 2003	The deadline for county facilities to respond to the request for proposals.
August 1, 2003	The date in the request for proposal that female inmates would be placed in a county facility.
September 2, 2003	The Department of Corrections and Rehabilitation and the Dakota Women's Correctional Rehabilitation Center signed the female inmate housing contract.
November 17, 2003	The first 14 minimum security state female inmates were transferred from the James River Correctional Center to the Dakota Women's Correctional Rehabilitation Center.
December 1, 2003	Within two weeks of the first inmate arrivals, the Dakota Women's Correctional Rehabilitation Center had received 68 minimum security female inmates.
January 1, 2004	The date the housing contract anticipated the Dakota Women's Correctional Rehabilitation Center would begin to house medium and close security state female inmates.
January 15, 2004	The Dakota Women's Correctional Rehabilitation Center reported to the Budget Committee on Government Services that it anticipated having the required remodeling projects completed to house the higher security inmates by April 2004--the delay in the elevator installation project was due to the retirement of the architect and the delay in the sprinkler system installation was due to a lack of water pressure and volume provided by the city of New England.
April 14, 2004	The Dakota Women's Correctional Rehabilitation Center reported to the Budget Committee on Government Services that it anticipated having the required remodeling projects completed to house the higher security inmates by June 2004.
June 16, 2004	The Risk Management Division agreed that higher security female inmates could be housed at the Dakota Women's Correctional Rehabilitation Center prior to the completion of the elevator provided that elevator construction has commenced, with the elevator shaft installed.
June 17, 2004	The Dakota Women's Correctional Rehabilitation Center reported to the Budget Committee on Government Services that it anticipated to be ready to house higher security female inmates in July 2004--the sprinkler system installation was completed, the elevator car ordered, and elevator shaft was being constructed.
August 11-12, 2004	The remaining 31 higher security female inmates were transferred from the James River Correctional Center to the Dakota Women's Correctional Rehabilitation Center.
July 1, 2005	The expected date for the Dakota Women's Correctional Rehabilitation Center to begin housing maximum security female inmates.

Facility Population

The Dakota Women's Correctional Rehabilitation Center reached its highest inmate population on August 18, 2004, with a total of 103 female inmates. As of October 6, 2004, there were 90 female inmates at the Dakota Women's Correctional Rehabilitation Center--52 minimum security inmates, 22 higher security inmates, and 16 inmates on orientation status--and none at the James River Correctional Center. The Dakota Women's Correctional Rehabilitation Center has a capacity of 110 inmates--70 minimum security and 40 medium security and orientation. A dormitory at the center will be remodeled into five individual cells to be used as a maximum security unit for the housing of short-term and long-term disciplinary problem inmates. As of October 2004 there is one disciplinary cell available at the center.

Facility Renovations

Remodeling projects necessary at the Dakota Women's Correctional Rehabilitation Center before it could house minimum security inmates included:

Installation of a video camera security system.
Installation of inmate telephones.
Upgrading of the heating system.

Several remodeling projects had to be completed before the Dakota Women's Correctional Rehabilitation Center could house the higher security state female inmates, which resulted in the delay in housing the higher security female inmates as discussed earlier. Those remodeling projects included:

Adding 1,000 feet of razor wire to the recreation yard security fence.
Placing security bars over the dormitory windows.
Installing a sprinkler system.
Installing an emergency generator.
Installing an elevator.
Expanding the infirmary to meet the requirements of the Health Insurance Portability and Accountability Act.
Reinforcing the security fence with concrete barrier under the fence line.
Upgrading security, including installing security doors and a "Sallyport."

The committee learned the total estimated cost of facility renovations to house the minimum security and higher security female inmates, including the sprinkler system and elevator installations, was approximately $485,000. Also, to create a maximum security area a dormitory in the lower level of the Dakota Women's Correctional Rehabilitation Center administrative building needs to be renovated. The female inmate housing contract provides that the facility must be ready to house maximum security female inmates by July 1, 2005. The renovation of a dormitory into the maximum security area includes five individual cells, two day rooms, two showers, and access to the recreation yard. The estimated cost of the renovation is approximately $400,000.

Treatment Services and Prison Industries

Treatment services for the female inmates at the Dakota Women's Correctional Rehabilitation Center include day treatment and intensive outpatient levels of chemical dependency treatment, aftercare, anger management, victim's group, trauma and loss group, and cognitive restructuring.

Representatives of the Department of Corrections and Rehabilitation and the Dakota Women's Correctional Rehabilitation Center met to discuss treatment services for female inmates at the Tompkins Rehabilitation and Correction Center in Jamestown and the Dakota Women's Correctional Rehabilitation Center in New England. The Tompkins Rehabilitation and Correction Center is a self-contained, 30-bed unit that provides daily intensive alcohol and drug addiction treatment and cognitive restructuring classes. After representatives of the Department of Corrections and Rehabilitation discussed the program and space requirements for the Tompkins Rehabilitation and Correction Center with representatives of the Dakota Women's Correctional Rehabilitation Center, it was agreed that if space is available at the Dakota Women's Correctional Rehabilitation Center, the services currently provided at the Tompkins Rehabilitation and Correction Center would be provided by the Dakota Women's Correctional Rehabilitation Center beginning July 2007.

The industries program--Prairie Industries--is operating at the center and its staff has been working with the Department of Corrections and Rehabilitation Roughrider Industries staff for training and contract development. As of October 2004 the Prairie Industries program employed 10 female inmates making t-shirts for the State Penitentiary and preparing to work on an order for 200 rainsuits for Dakota Outer Wear.

Medical Expenses

The committee learned the medical expenses for the Dakota Women's Correctional Rehabilitation Center from November 2003, when the center first began housing state female inmates, to October 2004 totaled $465,050, or $22.18 per inmate per day. It was reported this amount may decrease if St. Joseph's Hospital in Dickinson reduces its billing rates to the Medicaid rates. The center is negotiating the billings with the hospital to receive the applicable Medicaid rate. A large portion of the center's medical expenses are for dental costs resulting from the dental work for the female inmates with teeth problems resulting from the use of methamphetamine. Another large medical expense for the center when it first opened was the pharmacy bill for psychotropic drugs. However, the center's costs for psychotropic drugs has been decreasing as more of the inmates are adjusting to prison life at the Dakota Women's Correctional Rehabilitation Center. On October 6, 2004, the Department of Corrections and Rehabilitation reported to the Budget Committee on Government Services that it anticipates total medical expenses for the entire 2003-05 biennium to be in excess of the $15.50 daily medical rate by approximately $355,000, of which the Dakota Women's Correctional Rehabilitation Center would be responsible for $50,000, and the Department of Corrections and Rehabilitation would be responsible for approximately $305,000.

2005-07 Biennium Contract Information

The committee learned the Dakota Women's Correctional Rehabilitation Center is requesting a 2005-07 biennium budget, excluding medical expenses, of approximately $4.57 million for housing female inmates. This is based on a daily cost of $69.57 per inmate and an inmate population of 90 inmates. The $69.57 daily inmate cost is an increase of 11.8 percent from the current rate of $62.23. The center's 2005-07 biennium budget, excluding medical expenses, is:

Operating Expenses (Excludes Medical Expenses)	Total	Costs Per Day*
Payroll	$2,999,989	$45.66
Administration	101,995	1.55
Facility operations	193,920	2.96
Inmate operations	431,529	6.57
Security systems	108,240	1.65
Food services	405,900	6.18
Debt service	328,470	5.00
Total	$4,570,043	$69.57
*Costs per day calculated using 90 inmates and 730 days.

The Department of Corrections and Rehabilitation estimated a 10 percent increase in the daily rate for female inmates housed at the Dakota Women's Correctional Rehabilitation Center in its 2005-07 biennium budget request. The 10 percent increase provides a daily rate of $68.45 for female inmates not requiring intensive treatment and $81.65 per day for female inmates that do require intensive treatment, plus an additional $17.05 per day for medical costs.

Contract Rate Comparison

The following table provides information summarizing the female inmate contract rates and the estimated 2005-07 biennium female inmate contract rates:

Contract Rates for Female Inmates
	2003-05 Biennium Legislative Estimated Daily Rates	2003-05 Biennium Actual Daily Reimbursement Contract Rates	2005-07 Biennium Estimated Daily Reimbursement Rates - Department of Corrections and Rehabilitation²	2005-07 Biennium Estimated Daily Reimbursement Rates - Dakota Women's Correctional Rehabilitation Center
Daily inmate housing rate (without intensive treatment)	$67.00	$62.23	$68.45²	$69.57
Daily inmate housing rate (with intensive treatment)	$79.00	$74.23	$81.65²	N/A
Daily medical rate per inmate	$5.15	$15.50¹	$17.05²	N/A³
¹This actual rate has been $22.18 and may decrease if the Dakota Women's Correctional Rehabilitation Center is able to receive reduced rates at the Medicaid level from St. Joseph's Hospital in Dickinson. ²The Department of Corrections and Rehabilitation estimated a 10 percent increase in daily costs in its 2005-07 biennium budget request. ³The Dakota Women's Correctional Rehabilitation Center did not provide an estimated daily medical rate for the 2005-07 biennium because it is still negotiating medical billing rates with St. Joseph's Hospital in Dickinson.

Dakota Women's Correctional Rehabilitation Center Tour

The committee held a meeting and conducted a tour of the Dakota Women's Correctional Rehabilitation Center on April 14, 2004. At the time of the tour, the center only housed minimum security inmates and the dormitories for the medium security inmates were being renovated. The committee toured the facility's two gymnasiums, the dormitories for minimum security inmates (Haven Hall) and medium/high security inmates, the chapel, the cafeteria, the outdoor recreation area, the infirmary, and the industries room. The facility allowed the minimum security inmates considerable movement and was preparing for a more secure environment to house the medium security inmates. In preparation to receive the higher security inmates, additional security measures were planned, including security doors, a "Sallyport," and securing the recreation yard fence.

Inmate Populations

The committee received inmate population information at each meeting, as shown below:

	Male Inmate Population			Female Inmate Population			Total Inmate Population
Month	Legislative Estimate	Actual	Difference	Legislative Estimate	Actual	Difference	Legislative Estimate	Actual	Difference
July 2003	1,013	1,087	74	104	106	2	1,117	1,193	76
August 2003	1,017	1,082	65	105	109	4	1,122	1,191	69
September 2003	1,020	1,095	75	106	107	1	1,126	1,202	76
October 2003	1,023	1,129	106	107	111	4	1,130	1,240	110
November 2003	1,027	1,138	111	109	110	1	1,136	1,248	112
December 2003	1,030	1,143	113	111	110	(1)	1,141	1,253	112
January 2004	1,034	1,148	114	112	114	2	1,146	1,262	116
February 2004	1,037	1,160	123	113	115	2	1,150	1,275	125
March 2004	1,040	1,168	128	114	118	4	1,154	1,286	132
April 2004	1,044	1,173	129	116	121	5	1,160	1,294	134
May 2004	1,047	1,173	126	117	125	8	1,164	1,298	134
June 2004	1,051	1,166	115	119	126	7	1,170	1,292	122
July 2004	1,054	1,171	117	120	127	7	1,174	1,298	124
August 2004	1,058	1,178	120	122	127	5	1,180	1,305	125
September 2004	1,061	1,167	106	123	129	6	1,184	1,296	112

Inmate Admissions and Sentence Lengths

The Department of Corrections and Rehabilitation provided the committee with information regarding inmate admissions and inmate sentence lengths. The committee learned that from January 1, through September 1, 2004, the Department of Corrections and Rehabilitation had 645 new inmate arrivals, compared to 998 new arrivals for calendar year 2003 and 823 new arrivals for calendar year 2002. Of the 645 new inmate arrivals for 2004, 423 inmates (66 percent) have sentence lengths of one year to less than five years and 153 inmates (24 percent) have sentence lengths of five years to less than 10 years. The majority of new inmate admissions are for drug and alcohol-related offenses, consisting of 299 admissions (46 percent) and property, status, and other offenses consisting of 198 admissions (31 percent).

Inmate Recidivism Rates

The Department of Corrections and Rehabilitation provided the committee with information on inmate recidivism rates. A recidivist is defined as an inmate who is released from incarceration on probation, parole, or expiration of sentence and is returned to Department of Corrections and Rehabilitation Prisons Division custody within three years of release because of a new offense. The recidivism rates for the years 1996 through 2000 were 18.7 percent for 1996, 21.3 percent for 1997, 17.5 percent for 1998, 22.6 percent for 1999, and 24.6 percent for 2000. The department reported one reason for the recidivism rates in North Dakota increasing is that the state has had an increase in inmates, while the number of counselors has remained the same.

Inmate Drug and Alcohol Treatment

The Department of Corrections and Rehabilitation provided the committee with the following information on drug and alcohol treatment for inmates:

Month	Number of Inmates Released From Custody	Number of Inmates Referred to Drug or Alcohol Treatment	Number of Inmates Who Completed Recommended Drug and Alcohol Treatment	Number of Inmates Who Did Not Complete Drug and Alcohol Treatment	Percentage of Released Inmates Referred to Drug and Alcohol Program but Failed to Get Treatment	Number of Inmates Who Failed to Complete Drug or Alcohol Program Due to "Inmate Behavior"	Number of Inmates Who Failed to Complete Drug or Alcohol Program Due to "Could Not Get Into a Program"
September 2003	50	31	23	8	26%	5	3
October 2003	62	41	30	11	27%	5	6
November 2003	72	47	34	13	28%	5	8
December 2003	77	39	33	6	15%	5	1

Survey of State Agency Programs

The committee received a Legislative Council memorandum entitled Survey of Agency Alcohol, Drug, Tobacco, and Risk-Associated Behavior Programs - Update. State agencies were surveyed and asked to provide updated information for the 2001-03 and 2003-05 bienniums on related programs and funding. The total 2003-05 biennium funding for risk-associated behavior programs is $72 million, of which $16 million is from the general fund and $56 million is from federal and special funds. The report indicates the sources of federal and special funds, program funding restrictions, the time period the funding is available, and the anticipated uses of funds.

2005-07 Biennium Facility Needs

The committee received information from the Department of Corrections and Rehabilitation regarding the department's facility needs for the 2005-07 biennium.

Missouri River Correctional Center

The committee learned that construction of a new kitchen and dining hall at the Missouri River Correctional Center continues to be a priority for the Department of Corrections and Rehabilitation because the current building was constructed over 60 years ago and lacks sprinklers as a fire suppression system, which is a safety risk and a potential liability issue for the state. The new building would replace the current kitchen and is estimated to cost approximately $2.2 million, plus an additional demolition cost of approximately $15,000. The department anticipates constructing the new kitchen and dining hall so it could also be used as an indoor recreation facility for the inmates.

James River Correctional Center

The Department of Corrections and Rehabilitation is proposing to convert "kitchenettes" at the James River Correctional Center into five-person dormitories on floors 2 through 5. The "kitchenettes" are no longer needed since the inmates are fed in the food service building that was formerly part of the State Hospital. The remodeling costs are estimated to be approximately $400,000 for the 20 additional beds, and the department projects it will likely pay for itself within 12 months with the money the department will save by not having to contract for 20 male prisoners.

State Penitentiary - East Cellhouse

The committee toured the State Penitentiary, including the east cellhouse. The committee learned the east cellhouse was constructed around 1912, was originally constructed to house 160 inmates, and currently has 159 cells after one cell was converted into a janitor's closet. The cells are approximately 52 square feet, with 22 square feet of unencumbered space, which is considered to be a small cell by today's prison standards and the size does not meet the minimum requirements to pass the standards of the American Correctional Association, which, for new prison cells, requires a minimum of 80 square feet with 35 square feet of unencumbered space. Concerns identified with the east cellhouse include old plumbing with water leaking in the chaseway, building and fire code violations, a lack of energy efficiency, a lack of air-conditioning, and the large number of staff required for each shift because of "blind" spots caused by the design of the building.

The committee encouraged the Department of Corrections and Rehabilitation to request funds from the preliminary planning revolving fund to determine the cost and specifications relating to the replacement of the east cellhouse at the State Penitentiary. After Budget Section approval, the Department of Corrections and Rehabilitation received $60,000 from the preliminary planning revolving fund and hired Ritterbush and Associates of Bismarck and HDR Architecture, Inc., Chicago, Illinois, to conduct a study of the replacement of the east cellhouse.

The architect's study of the State Penitentiary includes the following findings:

East cellhouse

Nearly 100 years old and has structural and maintenance issues.
Fails to meet current life safety standards.
Fails to meet American Correctional Association standards for space, light, and programs.
Fails to meet Americans with Disabilities Act standards for accessibility.

Medical facilities

Lacks space, total beds available, and storage.
Lacks privacy, especially in waiting and examination areas.
No disabled access (stretcher used to carry inmates up stairs).
No space for long-term hospice care.
Pharmacy lacks workspace and security.
Dental and x-ray are poorly located for security.
Lacks facilities requiring hospital stays in Bismarck.

Segregation

Lacks beds, which increases opportunities for assaults on staff and other inmates.
Difficult to manage the population.
No program or ancillary space.

Orientation

Lacks sufficient beds for average number of new arrivals each month.
Unable to separate inmate groups properly.
Lacks processing space and has inefficient workflow.
Building could be utilized for general population housing.

Facility

Too much of a burden on central control and front lobby traffic.
Path to visitation is lengthy.
Laundry is poorly located.
Medical treatment area is poorly located since it is on the upper floor.
Yard access for vehicles and the south tower location needs to be improved for better security.

The study also found the current situation results in expensive outsourcing of prison beds, difficulty in managing inmates, and potential exposure to lawsuits.

The architect's recommendation for changes at the State Penitentiary include:

Relocating the warehouse.
Constructing new vehicle access and a new south tower.
Demolishing existing south tower.
Constructing new orientation housing, an inmate intake/transfer unit, clinic, infirmary, segregation unit, visitor's entrance, and laundry facility.
Eliminating the east cellhouse.

The architect believes the changes would result in 265 new prison beds with a net prison bed gain of 123 permanent beds at the State Penitentiary and would require an additional 38.4 full-time equivalent employees. The total cost of the new construction is estimated to be $16.3 million, with a total project cost, including demolition costs, contingency, fees, furnishings, and equipment of $29.2 million. The estimated cost per cell based on the buildings' construction costs is approximately $71,000, and the estimated cost per cell based on the total project cost, excluding demolition costs, is approximately $95,000. The total project cost will increase by approximately $2.1 million if the project is delayed from 2006 until 2008.

The committee learned the majority of the Department of Corrections and Rehabilitation budget for the past three bienniums has been used to meet the needs of the rising inmate population, resulting in the shortage of funds for physical plant maintenance. The department is behind schedule on many normal repairs and a preliminary list of projects the department needs to address in the 2005-07 biennium totals approximately $2.5 million, but some of the projects included in the preliminary list relate to the east cellhouse at the State Penitentiary and, therefore, could be removed from the list if the east cellhouse is replaced.

Land Owned by the Department ofCorrections and Rehabilitation

The committee learned the Department of Corrections and Rehabilitation owns significant acreage in the Bismarck-Mandan area:

The Missouri River Correctional Center in Bismarck is located on approximately 100 acres, and the department owns an additional 919 acres of land at the site, consisting of hay land and riverfront woodlands. The department's estimate of the value of this land, obtained through consultation with a realtor, is between $3,000 and $4,000 per acre.
The department owns approximately 170 acres at the State Penitentiary site in Bismarck. The Game and Fish Department utilizes approximately 35 to 40 acres on the east side of the State Penitentiary for wildlife habitat. The State Department of Health, Game and Fish Department, and State Water Commission have buildings located on approximately 20 acres of property on the west side of the State Penitentiary. The remainder of the land is utilized by the State Penitentiary.
The department owns 279 acres a few miles east of Bismarck, which is farmland leased to area farmers and one acre for a gun range. Hay land in the area is valued at $314 per acre and pastureland is valued at $199 per acre.
The department owns 1,179 acres at the Sunny Farm located west of Mandan adjacent to the Youth Correctional Center, which is leased to area landowners and is managed by the North Dakota State University Experiment Station. Hay land in the area is valued at $288 per acre and pastureland is valued at $193 per acre. Agricultural land in the area has been sold in the range of $230 to $254 per acre. The department leases approximately 11 acres at the Youth Correctional Center site to the Strata Corporation for material storage. The lease is $2,000 per biennium.

During the committee's tour of the Missouri River Correctional Center, the committee learned about a proposed riverbank stabilization project along the department's 8,000 to 9,000 linear feet of riverfront property along the Missouri River located at the Missouri River Correctional Center. The Burleigh, Oliver, Morton, McLean, and Mercer (BOMMM) County Joint Board proposes a demonstration and study project with the United States Army Corps of Engineers for bank stabilization and aquatic restoration on the Missouri River. The intent of the project, called North Dakota's Missouri River Bank Stabilization and Aquatic Restoration Demonstration/Study Project, is to try various bank stabilization and aquatic restoration techniques and to monitor the effects of the installation on the Missouri River corridor environment. Some of the focus areas to be monitored include water quality, fishery food web, riverbank and bed stability, impact to islands and sandbars, above-bank wildlife habitat, backwater areas, threatened and endangered species habitat, and the Oahe Reservoir Delta. The total estimated cost for the proposed riverbank stabilization project is $4.13 million, of which 75 percent of the funding will come from federal sources and 25 percent of the funding will be local costs, such as cash and in-kind services, donated land rights, donated labor for maintenance, and other items. The BOMMM County Joint Board will need to obtain easements from the state for the 57.5 acres of land that will be impacted by the project.

The committee toured the approximate 9,000 feet of riverbank along the Missouri River and observed the erosion and the related loss of acreage the state has experienced since 1976.

Criminal Justice Process

Testimony

The committee received information from the Attorney General's office and the judicial branch regarding the criminal justice process. The Attorney General informed the committee that treatment is essential to the state's fight against drug abuse because without treatment, offenders will return to using drugs after their release from incarceration. The Attorney General has worked with the North Dakota Commission on Drug and Alcohol Abuse, which emphasizes three key issues in dealing with the drug problem in the state--prevention, treatment, and law enforcement. The commission has 37 recommendations and has created five subcommittees to facilitate the work of the commission. The five subcommittees are to work on issues relating to prevention, tribal government, treatment, tobacco, and law enforcement. The judicial branch suggested that the 59th Legislative Assembly (2005) review the mandatory sentencing laws because the judicial branch is generally not in favor of either mandatory sentences or sentencing guidelines.

Sentencing Commissions

The committee received information regarding sentencing commissions. The committee learned there are 22 states in the United States and the District of Columbia that have established sentencing commissions, which generally include legislators, judicial branch members, Attorney General's office members, state's attorneys, corrections and law enforcement officials, public defenders, and the general public. Overcrowding in prisons and jails, eliminating unwarranted sentencing disparity, establishing a wider array of sentencing options, and promoting the rehabilitation of offenders are all justifications for a sentencing review process. The sentencing commission's goals must focus on long-term solutions after careful deliberation of consequences because the biggest challenge for sentencing commissions is to develop the capability to more accurately predict the impact of new laws on agencies such as the Department of Corrections and Rehabilitation.

Task Force on Violent and Sexual Offenders

The committee received information regarding the Governor's Task Force on Violent and Sexual Offenders. The committee learned the Governor formed the task force in January 2004 to examine the laws and practices with regard to violent and sexual offenders. The Governor chaired the task force, which consisted of representatives from the judicial branch, legislative branch, state's attorneys, law enforcement, Department of Corrections and Rehabilitation, State Hospital, victims' rights groups, and the general public. The goal of the task force is to close a "gap" related to higher risk sexual offenders who have completed their criminal sentences and are not referred for civil commitment. These offenders are subject to sexual offender registration but are not necessarily under any formal supervision. The recommendations from the task force include:

Gross sexual imposition - Increase the maximum sentence from 20 years to life imprisonment for offenses that involve serious bodily injury or in which the victim is compelled by force or threat or is less than 15 years old. Sentences for all other cases of gross sexual imposition should be increased from 10 to 20 years. For cases in which the victim dies as a result of the offense, there should be a mandatory sentence of life imprisonment without parole.
Supervision after incarceration - Mandatory period of five years' supervision should be added to any prison sentence given to a sexual offender and the judge should be given the discretion to add another five years. The Department of Corrections and Rehabilitation should increase its utilization of electronic monitoring for sexual offenders and issue sexual offender-specific presentence investigations in every sexual offender case.
Civil commitment - All sexual offenders who score eight or higher on the Minnesota Sex Offender Screening Tool - Revised assessment should be referred for civil commitment instead of the current score of 13 or higher. After an individual is committed, the executive director of the Department of Human Services should conduct a risk assessment to determine if treatment may be safely provided on an outpatient basis.

The committee learned agencies that are directly impacted by the task force recommendations include the Department of Corrections and Rehabilitation and the Department of Human Services and the necessary funding to carry out the task force recommendations will be added to the agency budget requests. The task force recommendations will be contained in a package of bills from the task force which will be introduced to the 59th Legislative Assembly. Some of the issues to be addressed in the bills include increasing the length of sentences and probation, to allow for community commitment, and to allow the use of global positioning system tracking and other supervisory techniques.

Effectiveness of Alternatives to Incarceration

The committee received information from the judicial branch and the Department of Corrections and Rehabilitation regarding alternatives to incarceration. The committee learned that problem-solving courts, including drug courts, mental health courts, and reentry courts, are alternatives to incarceration. Three juvenile drug courts, located in Grand Forks, Fargo, and Bismarck, and two adult drug courts, located in Bismarck and Fargo, have been developed. The mission of the drug courts is to reduce recidivism among nonviolent offenders with substance abuse problems and to improve treatment success. The numerous evaluations of drug courts have generally reported positive results, including retaining individuals in treatment, reducing new charges and new convictions, and cost-savings for the criminal justice system.

The Department of Corrections and Rehabilitation reviewed the alternatives to incarceration, including:

Tompkins Rehabilitation and Correction Center - This is an inpatient treatment program that is located in Jamestown and managed jointly by the Department of Corrections and Rehabilitation and the State Hospital. It consists of three 30-bed wards--two for males and one for females. Treatment is followed by halfway house placement or direct community supervision.
Last Chance program - This program is available in Cass County and consists of probation violators who would require confinement if not for the program, and the average daily population is 20 probation violators.
Reentry initiative - This is a federally funded initiative designed for the high-risk inmates who would "max" their sentences without supervision after incarceration. Reentry assists in making an inmate more attractive for parole through the development of a supervision plan that reduces an inmate's likelihood of re-offending. This was piloted in Fargo and is planned to be implemented in Bismarck and Williston. As of June 2004, 13 offenders were participating in the Fargo program.
Drug courts - The courts manage chronic alcoholics and drug offenders while they are on supervised probation. As of June 2004 the Bismarck adult drug court had 23 offenders participating and the Fargo adult drug court had 13 offenders participating. The department anticipates the initiation of a drug court program in northwestern North Dakota within the next few years.

North Central Correctional andRehabilitation Center

The committee learned about a proposed North Central Correctional and Rehabilitation Center to be located in Rugby which will provide both substance abuse treatment and incarceration. The proposed North Central Correctional and Rehabilitation Center will be a 100-bed facility located in the Rugby Industrial Park. The center plans to have 60 beds for incarceration of minimum and medium security inmates and 40 beds for long-term rehabilitation. The facility, which is estimated to cost between $6 million and $6.5 million, will be jointly owned by the city of Rugby and Pierce County, and representatives of the proposed facility are seeking private and federal funds for the facility. The facility is intended to house federal and state prisoners and other county prisoners. The center anticipates a break-even rate for the facility of $50 per person per day for incarceration and $75 per person per day with treatment.

Recommendation

The committee recommends the Department of Corrections and Rehabilitation obtain two land appraisals for the land the department owns at the Missouri River Correctional Center. The appraisals are to include the valuation of the land with the riverbank stabilization project and without the project and be available for consideration by the 59th Legislative Assembly. The Department of Corrections and Rehabilitation is to pay for the appraisals from its 2003-05 biennium appropriation, which may affect the department's deficiency appropriation request, if necessary.

The committee makes no recommendation regarding the continuation of the contract for housing female inmates at the Dakota Women's Correctional Rehabilitation Center.

NEEDS OF INDIVIDUALS WITH MENTAL ILLNESS, DRUG AND ALCOHOL ADDICTIONS, AND PHYSICAL OR DEVELOPMENTAL DISABILITIES

Pursuant to 2003 House Concurrent Resolution No. 3037, the committee studied the needs of individuals with mental illness, drug and alcohol addictions, and physical or developmental disabilities, including individuals with multiple needs and how the state responds to those needs. As part of this study, the committee received testimony from representatives of the Department of Human Services, the State Hospital, Developmental Center, and the Mental Health Association in North Dakota regarding developmental disabilities services, mental health and substance abuse treatment, services provided to individuals with multiple needs, the long-term plans for the State Hospital, Developmental Center, and state and county correctional facilities, and the impact and availability of community services.

Department of Human Services Testimony

Developmental Disabilities Services

The committee learned that eligibility for developmental disabilities services is determined by developmental disabilities case management at the human service centers pursuant to North Dakota Administrative Code Chapter 75-04-06. Developmental disabilities case managers are also responsible for:

Initial and annual assessments of each individual's level of care determination.
Development and periodic update of individual case plans.
Informing individuals of feasible alternatives.
Ongoing monitoring of the appropriateness of services included in an individual's case plan.
Assisting individuals in gaining access to other Medicaid services as well as medical, social, educational, and other services.
Providing direct support to individuals for whom the department is not purchasing services.

North Dakota ranked fourth in 2000 among states in spending on community developmental disabilities services per $1,000 of state personal income, and North Dakota led the nation in total fiscal effort, spending $7.16 per $1,000 of personal income on developmental disabilities services compared to a national average of $3.67 per $1,000. In 2001 North Dakota ranked first in overall placement rate, with 314 persons receiving developmental disabilities residential services per 100,000 of state population, while the national average was 115 persons per 100,000 population.

Mental Health and Substance Abuse Treatment and Individuals With Multiple Needs

The committee received information from the Department of Human Services regarding the community-based system of care for persons with mental illness and/or substance abuse disorders. The committee learned that the eight human service centers serve as the regional hubs for an efficient array of services for numerous disorders and disabilities, which allows individuals with multiple disorders to access a centralized location for assessment, treatment planning, and case management. More specialized services are provided through contracts negotiated by each human service center with private providers in the respective regions. The areas of services provided include regional intervention services, extended care, clinical services, alcohol and drug abuse, and children's mental health. In fiscal year 2002, 14,600 persons received one or more community-based mental health services and 5,685 persons received one or more community-based substance abuse services.

The committee received information from the Department of Human Services regarding the number of clients receiving mental health and/or substance abuse services in the regional human service centers. The committee was informed that the human service centers converted to a new software system and data is missing from two of the centers, but considering this limitation, on November 12, 2003, 1,493 clients with mental illnesses and/or substance abuse disorders received 1,980 mental health and/or substance abuse services. These services include a variety of services--case management, individual or group therapy, medication management, crisis stabilization, detoxification, residential care, and others and some clients, due to the severity of their disorders, receive more than one service on any given day.

The committee received information from the Department of Human Services regarding the services provided to individuals with multiple needs. The committee learned that eight regional human service centers have comprehensive services and the ability to have developmental disabilities, mental health, substance abuse, and vocational rehabilitation services located in a single provider entity. For children and adolescents with extremely complex needs, a state review team consisting of representatives from Mental Health and Substance Abuse, Children and Family Services, Disability Services, Medical Services, Juvenile Services, Department of Public Instruction, the State Hospital, and the Developmental Center meet regularly to review particularly challenging situations and to develop methods and approaches for serving each individual with the blend of services required to help the young person achieve stability and improvement.

Methamphetamine Impact

The committee received information regarding the effects that increased methamphetamine use has had on Department of Human Services programs, including the foster care and child welfare programs. The committee learned the Children and Family Services Division of the Department of Human Services conducted a survey of the county social services offices on August 22, 2003. The survey included questions that assessed the role methamphetamine use, manufacture, or selling has on the placement of children in foster care as well as other consequences within the child welfare system. There were 865 children in care through either county social services or the Juvenile Services Division at the time of the survey, and the response rate to the survey was 88 percent, or 758 responses. The survey indicated 117 children, or 15 percent of the responses, were in foster care because of methamphetamine use, manufacturing, or selling and of those 117 children, 58 would not likely have been removed from the home were methamphetamine not a factor. The counties have lost social workers due to the fear associated with being involved in the removal of children from their homes where drugs have been manufactured. As a result of this concern, the department's regional staff has received training from law enforcement describing the methods used in the criminal investigation of methamphetamine-manufacturing cases and the Department of Human Services will work with the Attorney General's office to develop a protocol for interventions in methamphetamine-related child welfare situations.

The Department of Human Services found that methamphetamine use has had a significant impact on the child welfare system, not only in the number of children placed in foster care, but also in the number of reports of child abuse and neglect and the complexity of the issues surrounding the children who are being served. The committee learned that another effect of methamphetamine on the child welfare system is the time demands social workers face when providing case management services to a family involved with methamphetamine, which are significantly higher than other child welfare situations. The department is concerned whether North Dakota has sufficient staff to deliver child welfare services. As a result, technical assistance from the National Child Welfare Resource Center for Family-Centered Practice is conducting a workload analysis to determine how much time is necessary for a worker to perform family-centered child welfare case management services as well as a realistic caseload size. The results of the analysis will be available in December 2004 for consideration during the 2005 legislative session.

The committee learned that the detoxification period for methamphetamine addiction is generally much longer than for other drugs or alcohol and also requires longer treatment. As a result, the Department of Human Services treatment service system is experiencing a shortage of residential beds to accommodate the longer detoxification period and the longer, more intense residential treatment. The key issue with treatment for methamphetamine addiction, or any other substance abuse disorder, is sufficient access to the appropriate level of care at the right time for the appropriate length of time.

North Dakota State Hospital Testimony

The committee received information regarding the State Hospital. As of September 2003 the State Hospital had 107 patients, with 94 patients in the inpatient psychiatric and substance abuse programs and 13 patients in the transitional living outpatient program. The State Hospital serves an additional 76 substance abuse patients under contract with the Department of Corrections and Rehabilitation. The State Hospital budget was based on 135 hospital patients and an additional 90 patients under contract with the Department of Corrections and Rehabilitation. The State Hospital admits about 700 patients per year.

The State Hospital provides the following services--care and treatment for adults with serious mental illness, care and treatment for adults with substance abuse problems, and short-term services for children and adolescents with serious emotional disorders and substance abuse problems. The State Hospital shares the campus and services with the James River Correctional Center, and the services provided to the Department of Corrections and Rehabilitation include substance abuse services, the DUI offender program, and the revocation program.

The average daily population at the State Hospital has decreased from 220 in 1997 to 113 in 2003, as the result of more individuals being treated in community settings. However, the State Hospital has experienced a growth in services to patients from the correctional system, and the State Hospital has transferred several vacant or near vacant buildings to the James River Correctional Center in the last five years. The State Hospital has been seeing a trend of new referrals, including inmates, nursing home patients, and a small subset of the chronically and severely mentally ill population. The patient population at the State Hospital has stabilized at the 115- to 135-patient range, and the hospital does not anticipate significant population growth or decline.

The State Hospital is spending $2.8 million for a significant energy update for the entire campus, which will produce energy savings that will offset the cost of the program. Aside from the energy program, no other major capital improvements are anticipated during the 2003-05 biennium.

The committee learned the State Hospital is not able to assimilate clients from the Developmental Center to the hospital campus because of the hospital's population, the needs of the correctional substance abuse programs, and the potential demands from the community. The State Hospital continues its efforts to collaborate and cooperate with the Developmental Center and the Department of Corrections and Rehabilitation.

The committee learned the State Hospital works closely with the Department of Corrections and Rehabilitation in regard to mentally ill inmates. The State Hospital evaluates criminal defendants and prepares competency and criminal responsibility evaluations for the district courts and admits and treats individuals from county jails who have a mental illness. The hospital provides a consultant psychiatrist for the seriously mentally ill in the North Dakota correctional system, who evaluates, makes treatment recommendations, and orders medications for inmates. In 2001 the hospital began providing residential substance abuse services for male and female inmates from the Department of Corrections and Rehabilitation. The State Hospital provided the following recommendations to the committee regarding mentally ill individuals and substance abusers:

Primary emphasis should be placed on prevention efforts and the treatment of mentally ill and substance abusers in community-based services.
A thorough review of mental health services and expenditures in the correctional system should be done to determine if they are adequate to meet the prisoners' needs.
The State Hospital should continue to provide residential services to substance abusers from the correctional system, consulting services for the most seriously mentally ill from the correctional system, competency evaluations, treatment for the mentally ill from county jails, and evaluation and treatment of sexual offenders.

The committee learned the State Hospital opened a second sexual offender unit on June 1, 2004, consisting of 10 beds to deal with the growth in the sexual offender population. The capacity of the new unit is 25 beds, to allow the hospital to further expand, if needed. With the addition of the second unit, the hospital has two secure units totaling 32 beds, of which 28 beds are for evaluation and treatment of sexual offenders and 4 beds are reserved for competency evaluations; county jail transfers; and individuals who are mentally ill and dangerous. As of October 2004 the two units have an occupancy of 22 sexual offenders--17 civilly committed sexual offenders, 2 sexual offenders who have been recommended for civil commitment and are waiting for a court hearing, and 3 sexual offenders who are being evaluated. The hospital anticipates an additional four individuals to be referred for evaluation by the end of 2004. The original cost estimate for operating the second sexual offender unit was $1.1 million; however, the actual cost is anticipated to be less than $1.1 million due to referral delays, which resulted in the unit opening one month later than anticipated. The annual cost per patient in the sexual offender unit is $74,100 with an average of 27 patients in the two units, and the projected cost per patient for the 2005-07 biennium is $75,900.

North Dakota Developmental Center Testimony

The committee received information regarding the Developmental Center. The committee learned as of September 2003 the Developmental Center had 151 residents--148 developmentally disabled individuals and 3 traumatic/acquired brain injury individuals--and the facility admits about 15 to 25 individuals per year. Services provided at the Developmental Center include residential and day services for individuals with psychiatric diagnoses and significant challenging behaviors; residential, day, and treatment services for males dealing with sexual offender behaviors; traumatic brain injury services; medical, residential, and day services for individuals who are totally dependent on staff and have medical concerns that require nursing staff accessibility 24 hours per day; and a dual sensory unit for individuals diagnosed with profound mental retardation and vision and hearing disabilities who also have severe medical conditions that require complicated care. The Developmental Center has identified 25 to 30 residents who could be served in the community if the following factors were in place--the availability of community services specific to their needs, the willingness of the clients to be relocated, the concurrence of guardians, and the fiscal resources to pay for the community-based care.

The committee learned the collaboration and cooperation of the Developmental Center and State Hospital since 2000 has produced several significant results, including the sharing of fiscal resources, combining 10 administrative/management positions, and collaboration and exchange of staff expertise. The committee learned it would be difficult to assimilate any State Hospital clients into the campus of the Developmental Center because of the large population of 151 individuals at the Developmental Center, the acuity level of the State Hospital patients, and the lack of usable space at the center. Each campus would need to decrease its population significantly before one site could serve both populations.

For fiscal year 2002 the Developmental Center cost per day ranged by living area from $245 per day to $373 per day and the medical cost per day averaged $53 per person per day. The Developmental Center is in the process of spending $1.9 million for a significant energy update for the entire campus, which will produce energy savings that will offset the cost of the program with an estimated payback period of 10 years. The committee learned that, aside from the energy program, no other major capital improvements are anticipated during the 2003-05 biennium.

Mental Health Association in North Dakota Testimony

The committee received information from the Mental Health Association in North Dakota regarding the association's activities related to the committee's study of the needs of individuals with mental illness, chemical addictions, and co-occurring disorders. The committee learned that the association is planning a survey to assess access to the State Hospital and human service centers for people with psychological problems, chemical addictions, and for those in need of supportive or residential housing. The survey was sent to over 2,700 professionals working in public and private sectors, and the survey's final report is due to be completed the third quarter of 2004 and will be distributed to the 59th Legislative Assembly.

The committee learned there is a critical need for early diagnosis and early and ongoing treatment for individuals with mental illness and chemical dependency, and there is also a need to enhance community-based services that will result in cost benefits to the state. The association indicated it has dedicated much effort toward prison diversion strategies for mentally ill and chemically dependent individuals in which building community services and improving the ability to access the services are critical for the success of the diversion programs.

The committee learned the challenges to mentally ill and chemically dependent individuals include homelessness, timely access to drug treatment, and affordable medications. The following items were identified by the association as necessary to treat chemical addictions and severe mental illness:

Long-term residential treatment centers.
Inpatient treatment.
Outpatient drug and co-occurring disorders treatment.
Housing.
Case management.

The committee was informed about a new initiative, the Jail Intervention Coordinating Committee, that is a step beyond jail diversion and looks at the entire scope of services to attempt to link individuals with treatment and services before their mental health issues escalate to a level that requires court and law enforcement involvement. Membership of this committee consists of individuals from housing authorities, hospitals, human service centers, police, parole and probation, Blue Cross Blue Shield of North Dakota, and others. The Jail Intervention Coordinating Committee has developed presentence diversion alternatives that offer treatment plans instead of jail sentences for individuals who meet the eligibility criteria and that committee plans to discuss these alternatives with the Attorney General, the Chief Justice of the Supreme Court, and area judges.

Recommendation

The committee does not make any recommendation regarding the needs of individuals with mental illness, drug and alcohol addictions, and physical or developmental disabilities.

AGREEMENTS BETWEEN NORTH DAKOTA AND SOUTH DAKOTA

North Dakota Century Code Section 54-40-01 provides that an agency, department, or institution may enter into an agreement with the state of South Dakota to form a bistate authority to jointly exercise any function the entity is authorized to perform by law. Any proposed agreement must be submitted to the Legislative Assembly or, if the Legislative Assembly is not in session, to the Legislative Council or a committee designated by the Council for approval or rejection. The agreement may not become effective until approved by the Legislative Assembly or the Legislative Council. The Budget Committee on Government Services was assigned this responsibility for the 2003-04 interim.

The committee received information regarding the history of the bistate authority legislation. The 1996 South Dakota legislature enacted a law creating a legislative commission to meet with a similar commission from North Dakota to study ways North Dakota and South Dakota could collaborate to provide government services more efficiently. The North Dakota Legislative Council appointed a commission to meet with the South Dakota commission. As a result of the joint commission, the North Dakota Legislative Assembly enacted legislation relating to higher education and the formation of cooperative agreements with South Dakota. The South Dakota commission proposed several initiatives, but the South Dakota Legislative Assembly did not approve any of the related bills.

During the 2003-04 interim, no proposed agreements were submitted to the committee for approval to form a bistate authority with the state of South Dakota.

BUDGET TOURS

During the interim the Budget Committee on Government Services functioned as a budget tour group of the Budget Section and visited the State Penitentiary, Missouri River Correctional Center, Youth Correctional Center, Roughrider Industries, State Hospital, James River Correctional Center, and Developmental Center. The committee heard about facility programs, institutional needs for major improvements, problems institutions or other facilities may be encountering during the interim, and information on land and building utilization. The tour group minutes are available in the Legislative Council office and will be submitted in report form to the Appropriations Committees during the 2005 legislative session.