North Dakota stands apart in this series as the clearest example of a state that significantly reduced its use of solitary confinement through administrative will rather than litigation or legislation. After correctional leaders visited Norway in 2015 and witnessed its rehabilitative prison model firsthand, the North Dakota Department of Corrections and Rehabilitation (ND DOCR) launched an initiative called "Increasing Humanity for People in Prison." Between 2016 and 2020, solitary confinement use dropped 74.28%.
The reforms were real and documented: the segregated housing population at North Dakota State Penitentiary (NDSP) fell from 98 people to 20. The average stay dropped from 8-9 months. The return rate fell from approximately 42% to approximately 20%. Peer-reviewed research confirmed that violence in the previously used solitary confinement units also decreased.
The approach is policy-driven, not statutory -- North Dakota has no law limiting solitary confinement for adult prisoners. The reforms can be reversed by administrative decision. But as of the most recent available reporting, North Dakota remains a national example of what sustained correctional leadership commitment to reducing isolation can accomplish.
What Solitary Confinement Is Called in North Dakota
ND DOCR uses "restrictive housing" and "segregated housing" as general terms. The primary restrictive housing units are:
Behavior Intervention Unit (BIU): The current name for what was previously called the "Segregation Unit" at North Dakota State Penitentiary (NDSP). The BIU was redesigned as part of the Norway-inspired reforms to function as an active behavior intervention program rather than passive isolation. It has two full-time counselors dedicated to residents in segregated housing.
The BIU maintains separation from general population but is designed around engagement, programming, and pathway back to general population rather than punishment.
James River Correctional Center (JRCC): The medium-security prison in Jamestown also had a restrictive housing unit that was part of the reform initiative.
ND DOCR policy governs restrictive housing placements through administrative separation (safety and security) and disciplinary separation (post-hearing sanction).
The Norway-Inspired Reforms
In 2015, DOCR Director Leann Bertsch, then-director of correctional practices Karianne Jackson, and NDSP Warden Colby Braun were among North Dakota corrections officials who traveled to Norway to observe the Norwegian Correctional Service's philosophy and practices.
The core lesson: treating people humanely produces safer prisons. Norway's system focuses on rehabilitation and human dignity rather than punishment and deprivation. Long-term solitary confinement is viewed as harmful and counterproductive.
Upon return, DOCR launched the "Increasing Humanity for People in Prison" initiative, partnering with Amend (a public health-focused prison culture transformation program based at UCSF) for training, policy review, and ongoing support.
Key changes implemented:
- "Dynamic security" philosophy: training staff to build relationships and de-escalate rather than rely on isolation for control.
- Renamed and redesigned the Segregation Unit as the Behavior Intervention Unit with dedicated counselors.
- Reduced the population in segregated housing from 98 to 20 at NDSP.
- Reduced average stay in segregated housing from 8-9 months to significantly shorter durations.
- Reduced return rate to segregated housing from approximately 42% to approximately 20%.
- Markedly decreased restrictive housing placements for people with serious mental illness.
- Opened prison-wide programming and events (including activities like the Great American Bike Race) with staff participation designed to normalize human interaction.
Warden Braun's reflection: "You literally get so used to it you think you can't run a prison without it."
What the Research Found
A 2021 peer-reviewed study in Health & Justice (Springer) documented the North Dakota reforms in detail. Key findings from analysis of 2016-2020 data:
- 74.28% reduction in solitary confinement use between 2016 and 2020.
- Significant decrease in restrictive housing placements for people with serious mental illness.
- At NDSP, rule infractions involving violence decreased within the units previously used for solitary confinement.
- At JRCC, overall violence involving rule infractions decreased.
- Incarcerated people and staff reported improvements in health, well-being, and interactions.
A caveat from the same research: during the initial months of reform, fights and assaults between incarcerated people increased in the NDSP general population -- attributed not to the solitary reduction but to worsening conditions from overcrowding, idleness, and double-bunking in general population. These events continued to decline compared to pre-reform years.
Current Status
North Dakota's reforms are administrative, not statutory. They are maintained by DOCR leadership commitment rather than by law. As of available reporting through 2024, the BIU model remains in place at NDSP with two full-time counselors and a small segregated housing population.
No North Dakota statute limits the duration of adult restrictive housing or prohibits placement of vulnerable populations in segregated housing.
What Families Can Do
If your person is in the BIU or other restrictive housing in a North Dakota state prison:
Find where your person is housed. ND DOCR provides an offender search at docr.nd.gov. This confirms current facility and housing assignment.
Contact the facility. For NDSP (Bismarck), contact facility administration through docr.nd.gov. For JRCC (Jamestown), contact that facility's administrative staff. Ask about your person's current housing category, the stated reason for placement, and the expected pathway back to general population.
Ask about the BIU counselors. Under the current model, the BIU at NDSP has two full-time counselors dedicated to segregated housing residents. If your person is in the BIU, ask whether they are receiving regular counselor contact and what the behavioral pathway to release from the BIU looks like.
Know that reforms are policy-based. North Dakota's reforms are administrative policies that can change. If your person reports a significant departure from the BIU's described programming model -- no counselor contact, no programming, extended isolation without engagement -- document this and file a grievance.
Document conditions and duration. Note your person's start date in restricted housing, any counselor contacts reported, and out-of-cell time. While North Dakota's model is the most reform-oriented in this series, individual circumstances vary.
File a grievance. ND DOCR has an administrative grievance process. Help your person file formal grievances for denial of counselor access, programming, or conditions that fall below the BIU's stated model.
Contact the ACLU of North Dakota. The ACLU of ND (aclund.org) monitors DOCR conditions and may be able to provide referrals and advocacy support.
Seek legal help. If your person is in restrictive housing for an extended period without the programming and counselor contact the BIU model promises, or if conditions appear to have regressed significantly from the reform model, consult a prisoner rights attorney familiar with North Dakota federal courts.
Frequently asked questions
What is solitary confinement called in ND prisons?
ND DOCR uses "restrictive housing" and "segregated housing" as general terms. At NDSP, the primary restrictive housing unit is the Behavior Intervention Unit (BIU), renamed and redesigned from the former Segregation Unit as part of the Norway-inspired reforms. JRCC also has a restrictive housing unit. Restrictive housing includes administrative separation (safety/security) and disciplinary separation (post-hearing sanction).
What is North Dakota's Norway-inspired prison reform?
In 2015, ND DOCR Director Leann Bertsch and colleagues visited Norway's prison system, which is built around rehabilitation, dignity, and human interaction rather than punishment and isolation. Upon return, DOCR launched "Increasing Humanity for People in Prison" and partnered with Amend (UCSF) for training and policy revision. The initiative produced a 74.28% reduction in solitary confinement use between 2016 and 2020, a reduction in violence in previously-used solitary units, and documented improvements in health and well-being for both incarcerated people and staff.
What is the Behavior Intervention Unit in North Dakota?
The BIU at NDSP is the redesigned successor to the former Segregation Unit. It maintains separation from general population but is structured around active behavior intervention rather than passive isolation. Two full-time counselors are dedicated to BIU residents. The population dropped from 98 in the former Segregation Unit to 20 in the BIU. The return rate fell from approximately 42% to approximately 20%. The BIU is intended to provide a structured pathway back to general population rather than open-ended isolation.
How much has North Dakota reduced its use of solitary?
A 74.28% reduction in solitary confinement use between 2016 and 2020, documented in a 2021 peer-reviewed study in Health & Justice. At NDSP, the segregated housing population fell from 98 to 20. Average stay dropped from 8-9 months to significantly shorter durations. Return rate fell from approximately 42% to approximately 20%. Restrictive housing placements for people with serious mental illness also decreased markedly.
How long can someone stay in solitary in North Dakota?
North Dakota has no statute limiting the duration of adult restrictive housing. Under the BIU model, the emphasis is on a behavioral pathway back to general population, with counselor engagement and programming. However, the reforms are policy-based and duration limits are not legally mandated. The pre-reform average stay of 8-9 months has been significantly reduced under the current model.
Are mentally ill prisoners protected from solitary in ND?
There is no North Dakota statute prohibiting restrictive housing for people with serious mental illness. However, the 2021 Health & Justice study documented that placements in restrictive housing decreased markedly for people with serious mental illness following the Norway-inspired reforms. The BIU model's counselor-based approach is intended to provide mental health support rather than pure isolation.
Does North Dakota have a law limiting solitary confinement?
No. North Dakota's reductions in solitary confinement are entirely policy-based, driven by administrative leadership commitment rather than statute. The reforms can be changed without legislative action. No North Dakota law sets duration limits, minimum out-of-cell time, or prohibited populations for adult state prison restrictive housing.
What prisons in North Dakota have restrictive housing?
North Dakota State Penitentiary (NDSP) in Bismarck: maximum-security, approximately 1,500 people, built 1883; the BIU (formerly Segregation Unit) is located here. James River Correctional Center (JRCC) in Jamestown: medium-security; also had a restrictive housing unit as part of the reform initiative. Both facilities are operated by ND DOCR.
Can families visit someone in ND restrictive housing?
Visiting during restrictive housing depends on the specific placement and facility. Contact the specific ND DOCR facility directly to confirm current visiting rules before traveling. NDSP is in Bismarck; JRCC is in Jamestown. DOCR facility contact information is at docr.nd.gov. Written mail generally retains stronger protections during restrictive housing.
What can families do if someone is in ND solitary?
Use the ND DOCR offender search at docr.nd.gov to find your person. Contact the facility to confirm BIU or other restrictive housing placement, the stated reason, and the behavioral pathway to release. Ask specifically whether your person is receiving regular BIU counselor contact and programming. Document conditions and duration. File grievances for any departure from the BIU model. Contact the ACLU of North Dakota (aclund.org) for advocacy support. ---