Committee backs clarifying change that misdemeanors deemed for short felony sentences are Class A

The committee considered House Bill 1059, an amendment to subsection 9 of section 12.1‑32‑02 of the North Dakota Century Code that clarifies the level and penalties applicable when a defendant is convicted of a felony but the court sentences imprisonment for 360 days or less.

Tom Earhart, chief of parole, probation and pretrial services, told the committee the existing statute allows a felony to be reduced to a misdemeanor by disposition but does not specify whether that becomes a Class A or Class B misdemeanor or how long supervised probation should run. The proposed amendment specifies the reduction is to a Class A misdemeanor and clarifies that penalties and supervision periods correspond to Class A misdemeanor rules — typically two years of supervised probation at initial sentencing, and longer for subsequent revocations where applicable.

Earhart said the clarification aligns with supervisory schedules implemented in 2015 and would focus probation resources on higher-risk individuals by shortening supervision for those whose felony sentences are reduced to misdemeanor dispositions. Committee members asked whether the change limits judicial discretion and how county jails versus the Department of Corrections would handle custody. Earhart said the bill does not direct where the court must send custody and that revocation can return the defendant to a felony disposition under existing law.

The committee moved and adopted a do-pass recommendation on HB1059; the roll call on the motion for a do-pass recommendation recorded a 12‑to‑2 vote in favor. Representative Vedder was designated as bill carrier in committee.