For all the arguing among lawmakers about whether to remodel North Dakota's state penitentiary or build a new prison, the 2007 Legislature appears increasingly likely to finish its session without doing either one.

House Republicans believe Gov. John Hoeven's proposal to spend $42 million replacing an ancient cell block and constructing a new medical clinic, laundry and units for prisoner orientation and segregation is a short-term fix for the corrections system's overcrowding problems.

However, their alternative - a new prison, built near the present facility in southeast Bismarck - has almost no backing in the state Senate, both GOP and Democratic lawmakers say. The project's cost has been estimated at $85 million, but some lawmakers believe it could be done for $20 million less.

Senate support for a new prison is "zero to none," says Sen. David O'Connell, D-Lansford, the Senate minority leader. The prison issue, O'Connell said, "is probably going to be the most heartburn of anything in the session right now, between that and the property tax."

Delaying prison construction also may be attractive to budget writers who are searching for ways to balance the state's 2007-09 spending plan. Last week, the Legislature's next budget was still $362 million out of balance, according to an analysis by the Legislative Council, the Legislature's research arm.

Sen. Bob Stenehjem, R-Bismarck, the Senate's majority leader, said he believed there was "a lot of support for doing nothing at this point, and having a more comprehensive, long-range plan, looking at what the best thing is."

Aside from Hoeven's proposed renovation, or a new prison adjacent to the existing penitentiary complex, the option of whether to construct a new prison in a new location may merit more scrutiny, Stenehjem said.

"We need to have a long-range plan, not something that's piecemeal," Stenehjem said. "If you want to move … the prison out of the middle of Bismarck, now is the time to talk about it, not after you stick $42 million or $85 million or $100 million into that site."

Hoeven believes the situation is in flux.

"I think (legislators are) looking at the options. They're going through them very diligently," the governor said. "We'll work with them, but we want to get to a good plan, a cost-effective plan … I think it's time to do something."

The Senate Appropriations Committee begins intensive work on the Department of Corrections and Rehabilitation's budget plan this week.

Democratic Sens. Tim Mathern, of Fargo, and Aaron Krauter, of Regent, say they will push to discard both construction proposals in favor of devoting more money to programs targeted at reducing recidivism, and providing more supervision for former inmates who are on probation.

Rep. Ken Svedjan, R-Grand Forks, the chairman of the House Appropriations Committee, said he did not believe a majority of House members favored dumping both construction proposals.

"I don't have the feeling that that thinking has permeated the House," Svedjan said. "I think for us to do nothing at a time when we have some one-time revenue … is not a smart thing to do."

However, Svedjan said he believes a delay would be preferable to adopting Hoeven's prison remodeling and construction plan.

"If that were my choice, I would opt to do nothing," Svedjan said. "Between those two choices, I don't think either one is the smartest thing to do."

The Senate Appropriations chairman, Sen. Raymon Holmberg, R-Grand Forks, said panel members did not favor building a new prison, and had "a lot of skepticism" about Hoeven's proposal.

"Sometimes a little time helps to generate consensus, but clearly, there is no consensus at this point, at least between the Senate and the House," Holmberg said. "If the Legislature is absolutely unable to come to consensus, then the consensus becomes, do nothing."