Judiciary panel backs bill to clarify misdemeanor level when short felony sentence imposed

The House Judiciary Committee voted to recommend House Bill 1059, a clarification to North Dakota Century Code 12.1‑32‑02, after hearing from corrections supervision staff about inconsistent sentencing practice.

Tom Earhart, chief probation and parole officer for the division of Parole, Probation and Pretrial Services, told the committee the statute currently allows a defendant sentenced to 360 days or less on a felony to be deemed convicted of a misdemeanor but does not specify the misdemeanor class. "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 current statute does not clarify, however, the level of misdemeanor, class A or B. This amendment would clarify the reduction to a Class A misdemeanor." He said the change would align supervision periods (a Class A misdemeanor initial supervision term is two years) and focus parole and probation resources on higher-risk individuals.

Committee members asked whether courts could still sentence less than the maximum supervision term; Earhart responded that courts retain discretion over the length of probation within statutory maxima and that a revoked misdemeanor disposition reverts to the underlying felony penalties under current law. Representatives discussed examples such as health‑care‑setting assaults and other fact-specific sentencing choices; Earhart said the proposal is intended as statutory clarification, not to remove sentencing discretion.

On a roll-call vote the committee recommended a do-pass on HB 1059 (12–2). Representative Vedder will carry the bill.