BISMARCK — North Dakota lawmakers barely passed a bill Wednesday, March 26, seeking to allow a women's prison to create a nursery program where babies can live with their incarcerated mothers.
After a debate that lasted nearly an hour, Senate Bill 2352 passed the House with a 48-42 vote.
The legislation is likely to be reconsidered since 48 votes are required for a bill to pass and four members were absent or not voting Wednesday.
SB 2352 would authorize the Department of Corrections and Rehabilitation to allow children 18 months or younger to live with their mothers at the Heart River Correctional Center in Mandan.
The facility is currently under construction and scheduled to open in 2027, when the program would be effective.
SB 2352 has the same intent as failed Senate Bill 2115, which was struck down by the Senate in January by an 18-29 vote. Opposing lawmakers cited concerns about the bill's uncertain, but potentially large, fiscal note.
The bill has since been slimmed from eight pages to a few sentences. Its original language would have exempted prison staff from being held liable if the child was injured — unless those injuries resulted from a negligent employee.
Also.. Taking a baby away at 18 months does nothing but harm the child and the mother.