ND HB1490

Sentencing courts must impose probation for individuals convicted of class C felonies or class A misdemeanors, with exceptions for domestic violence offenses, sex offender registration offenses, firearm/weapon offenses, or when mandatory incarceration is required by law.

Courts may sentence an offender to imprisonment instead of probation if aggravating factors are present, including prior felony or class A misdemeanor convictions, victim vulnerability or abuse of position of trust, or use of force or threats in committing the offense.

Courts retain authority to defer sentencing or impose incarceration with credit for time served while suspending execution of the sentence.

The law applies only to criminal charges filed after the effective date of the act.

Passed the House 90-0 and Senate 46-0 during the 2023 North Dakota legislative session.