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Prison study ruled unconstitutional
By KXMC CBS13
Published: 06/07/2007

FARGO, ND - The future of the State Penitentiary won't be left up to a small group of state legislators. That's the ruling today from Attorney General Wayne Stenehjem.

Stenehjem says giving an interim committee the power to decide whether or not to build a new state prison is unconstitutional and a violation of the separation of powers doctrine.

While they won't be able to make a decision the six member committee will still meet to go over ideas for the prison's future.

. (Rep. Al Carlson, (R) Fargo) "I believe all the functions of that committee except with the last phase of it should move forward. We need to find a solution, a long term solution for our incarceration needs, we need a consultant, have a plan, a time frame, and a recommendation from that committee."

The group is looking at three options for the prison, to build new on-site or off-site or to simply remodel.


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