AN ACT to amend and reenact subsection 2 of section 12.1-32-06.1 of the North Dakota Century Code, relating to the commencement date of supervised probation if an alternative to incarceration is court ordered.
Summary
SB 2067 amends North Dakota’s supervised probation statute to clarify when the probation term begins if a defendant is sentenced to an alternative to incarceration. Under current law, supervised probation can run for set maximum periods depending on the offense, and this bill specifies that those periods begin on the later of: the date probation is ordered, the defendant’s release from incarceration or an alternative to incarceration, or the termination of parole. The bill applies the same timing rule across felony and misdemeanor probation terms.
The practical effect is to ensure that supervised probation does not start running before a person is actually available to be supervised, including when the court orders an alternative to incarceration. It preserves existing maximum probation lengths while changing the trigger date for calculating those lengths. The amendment is narrow and procedural, focused on sentencing administration rather than changing offense classifications or probation maximums.
Impact
The bill amends subsection 2 of section 12.1-32-06.1 of the North Dakota Century Code, affecting the rules governing supervised probation for felony and misdemeanor offenses. It clarifies that probation terms begin only after the latest of three events: the probation order, release from incarceration or an alternative to incarceration, or parole termination. This impacts courts, probation officers, correctional authorities, and defendants by aligning probation commencement with actual release or supervision status.
Sentiment
The bill appears to have broad support and little controversy. It passed the Senate 46-0 and the House 89-0, indicating unanimous or near-unanimous approval in both chambers. The lack of committee transcript discussion suggests the measure was viewed as a technical or administrative clarification rather than a substantive policy change.
Contention
There is little evidence of opposition or disagreement in the available record. The main policy point is the timing of probation commencement for defendants who receive alternatives to incarceration, which likely reflects a Department of Corrections and Rehabilitation request to standardize administration. Any potential concern would be whether the change could extend the practical period of supervision for some defendants, but no such objection appears in the votes or available discussion.
AN ACT to amend and reenact subsection 2 of section 12.1-32-06.1 of the North Dakota Century Code, relating to the commencement date of supervised probation if an alternative to incarceration is court ordered.
A BILL for an Act to amend and reenact subsection 1 of section 12.1-32-07 and subsection 4 of section 54-23.3-01.1 of the North Dakota Century Code, relating to supervised probation for class B misdemeanors.
A BILL for an Act to create and enact a new subdivision to subsection 4 of section 12.1-32-07, a new subsection to section 12.1-32-08, and a new section to chapter 39-08 of the North Dakota Century Code, relating to restitution for the child of a victim of criminal vehicular homicide and conditions of probation; to amend and reenact subsection 5 of section 12.1-32-06.1 of the North Dakota Century Code, relating to the extension of probation; to provide a penalty; and to provide for application.
AN ACT to amend and reenact section 12.1-31.2-02, subsection 1 of section 12.1-32-02, and subdivision h of subsection 5 of section 39-08-01 of the North Dakota Century Code, relating to orders prohibiting contact and use of orders prohibiting contact as an alternative to sentencing.