Inmate Rights in North Dakota

North Dakota's prison rights landscape stands out in this series for an unusual reason: the state's Department of Corrections and Rehabilitation has built its entire operational philosophy around a Norwegian model of rehabilitation, shifting from punishment toward the idea that a person treated humanely will be safer inside and more successful upon release. The DOCR's internal motto is that 97 percent of prisoners are getting out, and what condition they are in when they do is what matters.

The North Dakota Department of Corrections and Rehabilitation, known as ND DOCR, is directed by Colby Braun. It operates the North Dakota State Penitentiary (NDSP) in Bismarck with a capacity of 815, the James River Correctional Center (JRCC) in Jamestown with a capacity of 420, the Missouri River Correctional Center (MRCC) in Bismarck with a capacity of 151, the Heart River Correctional Center (HRCC), and the Dakota Women's Correctional and Rehabilitation Center (DWCRC). Despite its reform reputation, ND DOCR entered a formal prioritization of inmate admissions in October 2024 due to overcrowding, with the male population running approximately 193 inmates over capacity between July 2023 and May 2025.

This guide covers rights inside North Dakota state prisons and county jails across ten domains, grounded in ND DOCR policy, North Dakota statute, and the current legal landscape.

Here is the short version, before we take each right apart.

Medical and mental health care are constitutionally required; ND DOCR's Norwegian influenced philosophy emphasizes behavioral health support including two full time counselors in its behavior modification program (formerly the SHU). Mail has specific rules: maximum 30 pictures per envelope, maximum 10 non personal correspondence pages per envelope, and mail from someone other than the person listed on the return address is rejected. Phone access begins with two free initial calls upon arrival; additional calls must be paid by the resident or approved caller and require a completed Telephone Application. Visitation requires photo ID for visitors 16 and older and is subject to search. Grievances must be filed and exhausted before federal court. Disciplinary hearings carry due process protections. Segregated housing has been dramatically reduced under the Norwegian model. PREA protections apply. Religious practice is protected under the First Amendment and RLUIPA. ADA accommodations are required. Voting rights are restored automatically upon release from prison; people on parole or probation in North Dakota may vote.

Medical and mental health care

Every person in a North Dakota state prison has a constitutional right to adequate medical and mental health care under the Eighth Amendment. ND DOCR's Norwegian influenced philosophy has led to significant investments in behavioral health support. The DOCR operates the Free Through Recovery program, a community based behavioral health initiative designed to increase recovery support services for people involved with the criminal justice system who have behavioral health concerns. The behavior modification program at NDSP, which replaced the segregated housing unit, has two full time counselors dedicated to residents in that setting.

If your loved one is not receiving needed medical or mental health care, submit every request in writing with a date, keep copies, and file a formal grievance. Contact ND DOCR directly or consult with an attorney for systemic health care concerns.

The Norwegian model and UNITY Village

ND DOCR is nationally recognized for modeling its approach on Norway's rehabilitation focused prison system. In 2015, then Director Leann Bertsch and staff visited Norwegian prisons through the U.S. European Criminal Justice Innovation Program. They returned with a philosophy of dynamic security: the idea that allowing people to make choices and treating them humanely creates safer prisons and better outcomes upon release. The approach shifted NDSP's segregated housing unit from 98 residents at the time of the Norway visit to 20, and renamed it a behavior modification program with dedicated counselors.

One of the most distinctive programs in the country is the U.N.I.T.Y. Village at NDSP, a housing unit operated through the Restoring Promise initiative (a partnership with the Vera Institute of Justice and MILPA). U.N.I.T.Y. Village brings together incarcerated people of different ages in a community oriented living environment with mentors. Director Colby Braun described it as 'truly what every community should strive to be' and noted that 'people actually truly care about each other.' The DOCR is expanding the Restoring Promise model to Missouri River Correctional Center and an additional block at NDSP. These programs are part of a broader philosophy that public safety is not about sending people to prison but about what happens inside the community within that prison.

Mail and correspondence rules

Mail in North Dakota state prisons follows specific ND DOCR rules. Mail must be addressed to the resident's name and number at the correct facility. NDSP residents should use: Resident Name and Number, North Dakota State Penitentiary, P.O. Box 5521, Bismarck ND 58506 5521. JRCC and JRMU residents should use: Resident Name and Number, James River Correctional Center, 2521 Circle Drive, Jamestown ND 58401.

The maximum number of pictures allowed in an envelope is 30; a sender may send more than one envelope per day with the maximum per envelope. The maximum amount of non personal correspondence pages allowed is 10 per envelope; again, more than one envelope per day is permitted at the maximum pages per envelope. Any mail coming from a different individual than who is listed on the return address will be rejected. Publications may be accepted if they are new and sent directly from an approved publisher or vendor and do not violate DOCR policy. Legal mail, meaning correspondence with courts and licensed attorneys, must be opened only in the incarcerated person's presence to check for physical contraband and cannot be read. InmateAid can help confirm current mail procedures for specific ND DOCR facilities.

Phone contact

When a new resident arrives at NDSP for orientation, they are given two initial five minute telephone calls upon arriving at the facility. After those two initial calls, any following calls must be paid for by either the resident or the approved caller. A completed and signed Telephone Application is required for family and friends to be added to a resident's calling list. An Electronic Telephone Application is available online through the ND DOCR website (docr.nd.gov). Phone rates are subject to the FCC's prison telephone rate caps, expanded in 2024 to cover all facilities regardless of size.

A person who wants to permanently block their phone number from receiving calls from a specific facility can press option 6 when receiving a call from that facility. Calling facility contact numbers directly also allows removal of a specific individual from a contact list while keeping access to other residents at the same facility. Video visitation may be available. InmateAid can help families navigate the ND DOCR phone system and set up accounts.

Visitation

Visitation at ND DOCR facilities is subject to search upon entry. All visitors must have photo identification on them when entering the facility, except those under 16 years of age; failure to produce ID is grounds to deny entry. No one under 18 is permitted unless accompanied by a parent or legal guardian; special permission from the Deputy Warden is required for other circumstances, and written consent must be given by the child's parent or legal guardian. Visitor vehicle keys are secured in a locker.

Visitors with small or infant children may bring in a pacifier, two diapers, two baby bottles, one small sealed jar of baby food, one Ziploc bag of baby wipes, and one small baby blanket. Visitation processes and general rules apply across all DOCR facilities, with additional facility specific rules. If a visit is denied or a visitor is removed from an approved list, file a grievance. County jails in North Dakota operate under their own local authority with separate visiting rules. Contact InmateAid for current facility specific visiting information.

The grievance process

ND DOCR maintains an internal grievance process for incarcerated people. Grievances must be filed and exhausted through the internal ND DOCR process before filing a federal civil rights lawsuit under the Prison Litigation Reform Act. ND DOCR's rehabilitation focused philosophy includes a commitment to addressing residents' concerns as part of its overall approach to creating safer prisons.

File every grievance in writing, keep a copy, and document every response and every failure to respond within required timeframes. ND DOCR's Facility Handbook contains information about the specific grievance procedures at each facility. For systemic concerns, contact an attorney familiar with North Dakota corrections law.

Disciplinary hearings

When a person in North Dakota state custody is accused of a disciplinary infraction, they are entitled to the minimum due process protections from Wolff v. McDonnell: advance written notice of the charge, a hearing, and a written statement of the evidence and reasons for any sanction. ND DOCR policy governs the disciplinary process.

A disciplinary conviction can affect classification, housing assignment, program eligibility, visiting access, and parole consideration. Under ND DOCR's Norwegian influenced approach, the behavior modification program (formerly the SHU) now has two full time counselors working with residents rather than relying purely on punitive isolation. Document what happened at any disciplinary hearing, who was present, and what evidence was considered. If the hearing result appears to violate procedural requirements, file a grievance through the ND DOCR process.

PREA and protection from sexual abuse

The Prison Rape Elimination Act applies in all ND DOCR facilities and in North Dakota county jails. Every person in custody has the right to be free from sexual abuse and sexual harassment by staff and by other incarcerated people. ND DOCR must maintain PREA policies, train staff, provide a reporting mechanism, and protect people who report from retaliation.

Reports of sexual abuse or harassment can be made to facility staff, the PREA coordinator, or through external reporting options. Retaliation against someone who reports is a PREA violation and the basis of a separate complaint. Document every incident, every report made, and any change in housing or treatment that follows a report.

Religious practice

People incarcerated in North Dakota state prisons have the right to religious practice under the First Amendment and the federal Religious Land Use and Institutionalized Persons Act. ND DOCR must accommodate sincere religious beliefs and practices unless it can demonstrate a compelling security interest that cannot be addressed through less restrictive means. Religious programming and chaplaincy services are available in ND DOCR facilities.

Requests for specific religious accommodations, including dietary adjustments and access to religious items, go through a formal request process at the facility. A denial must rest on a genuine documented security concern. Denials can be challenged through the ND DOCR grievance process and, if unresolved, in federal court under RLUIPA. Document the specific accommodation requested, the reason given for any denial, and every step taken.

ADA and disability accommodations

People with disabilities in North Dakota state prisons are protected by the Americans with Disabilities Act. ND DOCR must provide reasonable accommodations for people with mobility, vision, hearing, cognitive, and other disabilities. Requests for disability accommodations should be submitted in writing to the facility.

A denial or failure to respond can be challenged through the ND DOCR grievance process and, if unresolved, in federal court. Document every accommodation requested and every response received.

Voting rights: restored upon release from prison

North Dakota's felony voting rights law is favorable by national standards. Voting rights for people with felony convictions are restored automatically upon release from prison. People on parole or probation in North Dakota may vote. This places North Dakota among the states with the least restrictive felony disenfranchisement policies.

People who have been released from a North Dakota state prison and need to register to vote should contact the North Dakota Secretary of State's office or their local county auditor. Re registration is required after release if registration was canceled. People serving a sentence inside a North Dakota state prison or county jail for a felony conviction do not have the right to vote during that incarceration. The process for voting by people who are incarcerated awaiting trial (and who have not been convicted of a felony) varies by county.

Overcrowding and prioritization

Despite ND DOCR's nationally recognized reform philosophy, the state's prison system entered a formal prioritization of inmate admissions in October 2024. The male population had been running approximately 193 inmates over capacity on average between July 2023 and May 2025. As of October 2024, ND DOCR had roughly 150 more male prisoners than space available. When capacity is exceeded, the department sends overflow inmates to county jails with available beds. The North Dakota Legislature approved more than $37 million for the 2025 2027 budget cycle to build temporary shelters, contract jail space, and build a new reentry facility in northwest North Dakota.

North Dakota is also working on four 'mini prisons' to add approximately 300 additional beds, and broke ground on the state's first prison designed for women, with a focus on rehabilitation. Under the prioritization plan, offenders convicted of violent Class AA, A, and B felony offenses receive first priority for incarceration. The overcrowding situation does not change the underlying legal rights of people in custody, but it can affect where someone is housed and access to programs.

The bottom line for North Dakota

North Dakota's prison rights landscape is defined by a nationally recognized Norwegian style reform philosophy that has dramatically reduced segregated housing, created the U.N.I.T.Y. Village community based housing model at NDSP, and positioned rehabilitation at the center of corrections. Against that backdrop, the state has been dealing with overcrowding since July 2023 and entered formal prioritization in October 2024. Voting rights are restored immediately upon release from prison including during parole and probation.

The rights in this guide are real: adequate medical care under the Eighth Amendment with behavioral health emphasis and the Free Through Recovery program, specific mail rules including 30 picture and 10 page limits and return address matching, phone access beginning with two free initial calls with a required Telephone Application for additional calls, visitation with photo ID and search requirements, a grievance process that must be exhausted before federal court, due process in disciplinary hearings with a behavior modification program philosophy that addresses root causes, PREA protections, religious accommodation, disability access, and voting rights restored automatically upon release from prison including while on parole or probation. Document everything, file every grievance, and stay in contact through InmateAid.