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 of failed Senate Bill 2115, which was struck down by the Senate in January by a 18-29 vote. Opposing lawmakers cited concerns of 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.

Liability isn’t directly addressed in what remains of the bill, but it does require the department to enact policies to protect the child.

Costs associated with implementation are based on “future liability events,” according to its fiscal note, which lists $100,000 as a ballpark figure for the 2027-29 biennium.

Allowing mothers and their young children to live together is better for both parties involved, DOCR leaders and other proponents say.

During the Wednesday debate, 14 representatives voiced varying opinions about what’s more ethical and cost-effective: keeping babies with their imprisoned mothers or putting them in the foster system instead.

“I’ve had the honor and privilege of arresting some of those women,” TJ Brown, R-Fargo, said. “I cannot prioritize the incarcerated mother’s interest over the well being of the child; while babies may not understand their surroundings, a prison environment may have far reaching effects on their development.”

Other opponents said the bill is incomplete and lacks necessary statutory oversight to protect a baby by not addressing liability.

Supporters emphasized that the bill merely authorizes the DOCR to plan for the program ahead of the new facility opening, pointing to states where similar programs have shown to reduce recidivism rates and improve the health of both mothers and their babies.

Many supporting lawmakers also referenced their time visiting with mothers who are incarcerated.

“Listening to the debate today, it (visiting the facilities) should be a requirement, not a wish,” Rep. Jon Nelson, R-Rugby, said.

“Yes, you can be honored to pick up somebody off the streets that’s on a drug-ravaged crime and think you’ve done your civic duty, but it’s a different person when they get to the Heart River facility,” Nelson continued. “These women don’t have the services that we have at the North Dakota state penitentiary. This is the hope that they look for.”