North Dakota’s wide open landscapes and mostly rural population lend itself to a relatively small criminal justice system. This article summarizes that system and focuses on what works and what could be improved with criminal justice in North Dakota.

Learning about North Dakota’s criminal justice system should begin with finding answers to the following questions:

• What criminal rehabilitation programs are used in North Dakota?
• Are there alternatives to incarceration in North Dakota?
• How many people are incarcerated in North Dakota?
• What are the biggest prisons in North Dakota?
• What is North Dakota’s recidivism rate?
• What is North Dakota’s crime rate?

According to information published by the Bureau of Justice Statistics, North Dakota has the 40th highest incarceration rate in the country, imprisoning 182 people for every 100,000 individuals in the state. That puts North Dakota ahead of Connecticut in incarceration but just behind Hawaii. The state’s incarceration rate is significantly lower than the overall U.S. incarceration rate of 358 per 100,000.¹

The National Institute of Corrections reports North Dakota holds about 1,500 people in 24 jails. Another 1,794 individuals are incarcerated in the three state prisons located in North Dakota. As of 2019, North Dakota’s community corrections program recorded 6,199 individuals under probation and 767 under parole. To maintain these systems the state operates its facilities with a staff of 938 employees and a budget of $280,334,655.²

Every year, about 2% of North Dakota’s total state, city, county, and township expenditures go into its corrections department, which is the 7th costliest item in the state’s budget after police, health, hospitals, higher education, highways, roads, public welfare, and K-12 education.³

While North Dakota’s county jail and state prison populations are relatively low, North Dakota is increasingly relying on private prisons to meet the state’s incarceration needs. According to the Sentencing Project, North Dakota only had 96 inmates locked up in private prisons in the year 2000. But by 2019, the state was paying for at least 308 prisoners to be incarcerated in private prisons, a 221% increase.⁴

North Dakota State Penitentiary. Image courtesy of www.docr.nd.gov

The North Dakota State Penitentiary, located in Bismarck, is the largest prison in the state. It holds about 1,550 inmates. The prison was established in 1885 and is the longest-operating prison in the state.⁵

Another way to analyze a state’s criminal justice system is to study its crime data. Thankfully, North Dakota crime is carefully documented and published. While all forms of crime make a difference in the public safety of a state and its overall criminal justice efficacy, the most important metric to examine is violent crime.

According to the North Dakota Department of Corrections:⁶

• Overall violent crimes in North Dakota are up slightly over 2021 figures, with 1,958 violent crimes recorded in the state in 2021.

• There were 1,986 victims of violent crime in 2021, meaning some of the crimes had more than one victim (as there were slightly more victims of violent crime than incidences of violent crime).

Victims of Violent Crime – by Sex (left), by Relationship to Offender (right). Image source: crimestats.nd.gov

• Unfortunately, 56% of the victims of violent crime in North Dakota are women. 31% of victims are the intimate partner of the offender, 12% of victims are the family member of the offender, and 40% are an acquaintance of the offender.

• That information suggests one of North Dakota’s primary problems with violent crime is domestic abuse and violent crimes within interpersonal relationships, workplace acquaintances, and intimate/family relations.

• All told, more than 80% of violent crime victims are harmed by someone they are intimately involved with, related to, or know personally.

Violent Crime Offenses Commited. Image source: crimestats.nd.gov

• Aggravated assaults in North Dakota comprise more violent crimes than robberies, sexual assaults, murders, and human trafficking combined.

Arguably the most important metric to understand when examining crime and criminal justice is a state’s recidivism rate. What is the recidivism rate in North Dakota? According to federally reported data, North Dakota has a 35% recidivism rate, meaning the criminal justice system in North Dakota is not working for more than one-third of those who go through it.⁷

“We are proud of our focus on rehabilitation to ensure incarcerated individuals successfully transition into productive members of society and upstanding neighbors in our communities. Seeing people get out of prison and stay out is a promising sign that we are serving our population well…”

However, state-level reporting on recidivism presents a far more optimistic picture, suggesting recidivism in North Dakota fell from 22.8 percent in 2015 to 13 percent in 2018. Colby Braun, Director of Facility Operations, North Dakota Department of Corrections and Rehabilitation, had this to say when the NDDOCR reported a drop in recidivism to a record low of 13%. “We are proud of our focus on rehabilitation to ensure incarcerated individuals successfully transition into productive members of society and upstanding neighbors in our communities. Seeing people get out of prison and stay out is a promising sign that we are serving our population well so they are prepared for success when released. Between our facility programming and the partnership we’ve built with Securus to access tablet and communication technology, we believe that placing a renewed emphasis on reentry tools can help make a difference in the lives of those who are ready for a second chance.”⁹

According to Braun and other NDOCC official reports, the state credits the drop in recidivism over the last several years to the successful implementation of “…reentry programs, job skills training, tablet technology, and staff’s unwavering support to empowering incarcerated individuals with the tools and assurances they need for success upon release.”

The criminal justice system in North Dakota is tasked with reforming people who have committed crimes in the state. In addition to the programs mentioned in the previous section, North Dakota prisons would benefit tremendously from also implementing:

• Addiction and substance abuse programs for offenders who misused drugs and alcohol
• Vocational training to help offenders learn valuable job skills for post-incarceration employment
• Programs that teach life skills & coping strategies to help offenders learn how to lead crime-free lives
• Alternatives to prison in North Dakota

As recently as 2018, North Dakota has seen considerable benefit from the alternatives to incarceration that the state has already implemented. Namely, North Dakota has diverted some funding and efforts from incarceration and toward behavioral health treatments for nonviolent offenders who struggle with substance abuse problems. Critically, shifting drug and alcohol offenders towards behavioral health treatment centers rather than jail cells led to a 6.5% drop in the state’s prison population in 2018.⁹

Looking to the future, policymakers need to invest in educational programs inside prisons in North Dakota and rehabilitation programs in North Dakota. The state should also look at how it can provide alternatives to incarceration in North Dakota to help nonviolent offenders experience reform and pay their dues to society without exposing them to a prison sentence’s harmful, sometimes life-altering negative aspects.

Sources:

1. BJS. “Prisoners in 2020 – Statistical Tables.” Bureau of Justice Statistics, 2020. bjs.ojp.gov
2. NIC. “North Dakota 2019.” National Institute of Corrections, 2019. nicic.gov
3. Urban. “Project North Dakota.” Urban Policy Institute, 2022. urban.org
4. SentencingProject. “Private Prisons in the United States.” The Sentencing Project, 2019. sentencingproject.org
5. NDOCR. “Adult Facilities.” North Dakota Department of Corrections and Rehabilitation, 2022. docr.nd.gov
6. NDOCR. “Violent Crime 2022, North Dakota.” North Dakota Department of Corrections and Rehabilitation, 2022. docr.nd.gov
7. BJA. “State Criminal Justice Profile, North Dakota.” Bureau of Justice Assistance, 2014. bjafactsheets.iir.com
8. Cision. “North Dakota Department of Corrections and Rehabilitation Reports Positive Progress on Reducing Recidivism Rate to 13 Percent.” Cision Distribution, 2020. prnewswire.com
9. CSG. “North Dakota Explores Expanding Alternatives to Incarceration and Behavioral Health Services for People in the Criminal Justice System.” The Council of State Governments Justice Center, 2018. csgjusticecenter.org