Page:1961 North Dakota Session Laws.pdf/158

158 CHAPTER 130

S. B. No. 316

(Committee on Delayed Bills)

CUSTODY OF PRISONERS

AN ACT

To amend and reenact section 12-44-29 of the North Dakota Century Code, relating to commitments when no adequate county jail exists within a county and authorizing contracts for the custody of prisoners within jails operated by the United States; and declaring an emergency.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

1. Amendment.) Section 12-44-29 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

12-44-29. Commitment When No Jail in County-Contracts with United States.) When there is no jail in a county or when the jail is not sufficient, every judicial or executive officer of the county who has power to order, sentence, or deliver a person to the county jail may order, sentence or deliver such person to the jail of an adjoining county, or to a jail operated by the United States or any of its departments or agencies when an agreement or contract exists between the county commissioners of the county not having a sufficient jail and the appropriate officers of an agency of the United States operating such jail. Such judicial or executive officer of the county shall have the same continuing jurisdiction over prisoners placed in a jail operated by an agency of the United States as he has over prisoners placed in a county jail. When the county seat of another county having a suitable jail may be reached more conveniently and with less mileage by rail or automobile than the county seat of the adjoining county having the nearest suitable jail, such officer shall order, sentence, or deliver such person to the jail of the county most conveniently located. The jailer of any such adjoining or other county shall receive and keep the prisoner in the same manner as if he had been ordered, sentenced, or delivered to him by an officer or court of his own county. The county from which such prisoner is taken shall pay all the expenses of maintaining him in such jail.

§ 2. Emergency.) This Act is hereby declared to be an emergency measure and shall be in full force and effect from and after its passage and approval.

Approved March 16, 1961.