 After his second recapture, the North Dakota Department of Corrections deemed McNair a problem inmate, and arranged his transfer through the Interstate Compact to Minnesota Correctional Facility – Oak Park Heights.After a number of years at this facility, and realizing he would not be able to escape, McNair participated in a sit-down strike that caused his return to North Dakota, and his later transfer to the Federal Bureau of Prisons.He was assigned to the maximum security United States Penitentiary, Florence High which is next to - but distinct from - ADX Florence.