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Committee clarifies misdemeanor level for short felony sentences; votes to advance bill
Summary
House Bill 1059 would clarify that when a felony sentence of 360 days or less is imposed the resulting misdemeanor classification is a Class A misdemeanor. The Judiciary Committee voted to recommend the bill "do pass."
The House Judiciary Committee voted to recommend House Bill 1059, which clarifies that a defendant convicted of a felony but sentenced to 360 days or less will be deemed convicted of a Class A misdemeanor for penalties and supervision-length purposes.
Tom Earhart, chief probation and parole officer for the North Dakota Division of Parole, Probation and Pretrial Services, told the committee the current statute is unclear about whether that misdemeanor should be Class A or Class B. "This amendment seeks to provide consistency with the intent of that change," Earhart said, referencing prior changes to supervision schedules. He explained the clarification shortens maximum supervised-probation periods for those cases and focuses probation resources on higher-risk individuals.
Under the clarification, someone whose felony is reduced under the statute would be subject to Class A misdemeanor penalties and an initial supervised-probation term of up to two years; if revoked the case may revert to the felony disposition and corresponding penalties. Earhart said the clarification preserves judicial discretion about whether the court suspends a sentence or orders time served, and it aims mainly to fix ambiguity that has led some courts to impose felony-level supervision despite a misdemeanor disposition.
Committee action and outcome The committee voted to recommend passage of House Bill 1059 on a roll call (12 yes, 2 no). Representative Steve Vetter will serve as the bill carrier.
Why it matters The change affects sentencing records and supervision lengths in cases where courts impose short incarceration terms on felony charges. Supporters argued the clarification aligns statutory language with legislative intent and supervisory schedules set in prior justice-reinvestment work; opponents expressed concern that some judges may want discretion to reduce felonies to lower-level misdemeanors in specific situations.
Next steps With a committee do-pass recommendation, House Bill 1059 will proceed to the House floor for further consideration.
