Committee debates bill to clarify misdemeanor reduction for short felony sentences; votes 'do not pass'

The Judiciary Committee opened a hearing on House Bill 1059, which would clarify that a person convicted of a felony but sentenced to 360 days or less is reduced by operation of law to a class A misdemeanor and subject to class A misdemeanor penalties.

Tom Earhart, chief probation and probation officer for the North Dakota Probation and Pretrial Services Division of the North Dakota Department of Corrections & Rehabilitation, testified in support of the bill. He told the committee that the relevant provision in statute is “North Dakota Century Code section 12.13202 and subsection 9” and explained the bill’s effect: “This section of code provides for a defendant convicted of a felony who is sentenced to imprisonment for 360 days or less to be convicted of a misdemeanor.” Earhart said the amendment would specify that the reduction is to…