Probation Rules in North Dakota
In North Dakota, felony probation can last up to 5 years (10 years for serious offenses), and misdemeanor probation up to 2 years (Class A) or 1 year (Class B). Early termination is available when you have satisfactorily met all conditions. Monthly supervision costs of at least $55 are mandatory unless waived for hardship. Standard conditions include reporting, drug testing, employment, and not committing new offenses. Graduated sanctions are used for violations.
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Overview
North Dakota uses an indeterminate sentencing system for probation, governed primarily by NDCC Chapter 12.1-32. The North Dakota Department of Corrections and Rehabilitation (DOCR), Division of Community Services supervises adult probation. The state provides for both standard probation and presumptive probation for certain offenses under NDCC 12.1-32-07.4. Probation terms vary by offense class, with a maximum of 5 years for most felonies and up to 10 years for serious offenses. The court must include a mandatory condition that the defendant not commit another offense, and must order supervision costs of at least $55 per month. North Dakota allows early termination when the court determines the probationer has satisfactorily met conditions.
Quick Answer
In North Dakota, felony probation can last up to 5 years (10 years for serious offenses), and misdemeanor probation up to 2 years (Class A) or 1 year (Class B). Early termination is available when you have satisfactorily met all conditions. Monthly supervision costs of at least $55 are mandatory unless waived for hardship. Standard conditions include reporting, drug testing, employment, and not committing new offenses. Graduated sanctions are used for violations.
Probation Types
| Type | Description | Max Length |
|---|---|---|
| Felony Probation | Court-ordered supervision for felony convictions, managed by the Division of Community Services. Conditions are set by the sentencing court, which has broad discretion under NDCC 12.1-32-07. | 5 years (up to 10 years for class B and greater felonies, certain violent offenses, sex offenses, and firearm offenses) |
| Misdemeanor Probation | Supervision for misdemeanor convictions. Class A misdemeanors may receive up to 2 years, and Class B misdemeanors up to 1 year of probation. | 2 years (Class A); 1 year (Class B) |
| Presumptive Probation | Under NDCC 12.1-32-07.4, certain class D and E felony offenders receive presumptive probation, meaning probation is the default sentence unless the court finds specific aggravating factors. | Same as standard felony terms |
Probation Conditions
- ✓No New Criminal Offenses
Do not commit another offense during probation. This is a mandatory explicit condition of every probation sentence under NDCC 12.1-32-07.
- ✓Report to Probation Officer
Report to your assigned probation officer at scheduled times and locations as directed.
- ✓Drug and Alcohol Testing
Submit to random or scheduled drug and alcohol testing. Positive results or refusal constitutes a violation.
- ✓Maintain Employment
Obtain and maintain lawful employment, attend school, or participate in vocational training as directed.
- ✓Pay Supervision Costs and Fines
Pay monthly supervision costs of not less than $55 per month (unless waived for undue hardship) and all court-ordered fines, restitution, and court costs.
- ✓No Firearms
Do not possess firearms or dangerous weapons during probation. Mandatory for felony probationers.
- ✓Remain in Jurisdiction
Do not leave the state or judicial district without prior written permission from your probation officer.
- ○Community Service
Complete court-ordered community service hours at approved organizations.
- ○Substance Abuse Treatment
Complete substance abuse evaluation and all recommended treatment programs.
- ○Mental Health Treatment
Attend and participate in court-ordered mental health counseling or treatment.
✓ = typical condition ○ = case-specific
Violations
| Type | Examples | Consequences |
|---|---|---|
| Technical Violations | Missing appointments, failing drug tests, not completing community service, violating curfew, or failing to maintain employment. | Under NDCC 12.1-32-07, the court may continue probation with modified or enlarged conditions, or may revoke and impose any other available sentence. Graduated sanctions include increased reporting, community service, short-term jail, and modified conditions. |
| New Criminal Offense | Being arrested or convicted of any new criminal offense during probation. | The court may revoke probation and impose any sentence that was available at the time of initial sentencing or deferment under NDCC 12.1-32-02 or 12.1-32-09. Additional probation time may be added for violations. |
| Absconding | Leaving the state or judicial district without permission, failing to report for an extended period, or becoming unreachable. | A warrant is issued. Absconding is treated as a serious violation typically resulting in revocation and imposition of the original sentence. |
Early Termination of Probation
Available.
Travel Rules
Probation vs Parole
In North Dakota, probation is a court-ordered sentence served in the community as an alternative to incarceration, supervised by the Division of Community Services within DOCR. Parole is early release from the state penitentiary granted by the Parole Board after serving a portion of a prison sentence. Both are supervised by the same department. Probation conditions are set by the sentencing court, while parole conditions are set by the Parole Board.
Frequently Asked Questions
- How long can probation last in North Dakota?
- Most felony probation can last up to 5 years. For class B and greater felonies, certain violent offenses, sex offenses, and firearm offenses, probation can be up to 10 years. Class A misdemeanors up to 2 years, Class B up to 1 year.
- What is presumptive probation in North Dakota?
- Under NDCC 12.1-32-07.4, certain class D and E felony offenders receive presumptive probation as the default sentence. The court must find specific aggravating factors to depart from probation and impose incarceration.
- Can I get off probation early in North Dakota?
- Yes. Under NDCC 12.1-32-07.1, the court shall issue a final discharge when you have satisfactorily met all conditions. The court may also terminate probation at any time when the ends of justice are served and your reformation warrants it.
- How much are supervision fees in North Dakota?
- The court must order supervision costs of not less than $55 per month unless the court makes a specific finding on the record that imposition of fees will result in undue hardship.
- What happens if I violate probation in North Dakota?
- The court may continue probation with modified conditions or revoke and impose any sentence available at the original sentencing. Graduated sanctions include warnings, increased reporting, community service, short-term jail, and modified conditions.
- Can I travel out of state on probation in North Dakota?
- Only with prior written permission from your probation officer. Permanent relocation requires Interstate Compact processing.
- Can I possess a firearm on probation in North Dakota?
- No. Felony probationers are prohibited from possessing firearms under state and federal law. Firearm violations carry enhanced consequences and up to 10 years of probation.
- What conditions are mandatory for all probationers in North Dakota?
- All probationers must not commit another offense (explicit condition) and must pay supervision costs of at least $55/month (unless waived for hardship). Other conditions are set at the court's discretion based on your specific case.
Take Action — Direct Links
- North Dakota DOCR - Community Services
Official state agency supervising probation in North Dakota, with office locations and program information.
- NDCC Chapter 12.1-32 - Penalties and Sentencing
Full text of North Dakota's penalties and sentencing statutes, including probation provisions.
- NDCC 12.1-32-07 - Supervision and Conditions
Statute governing supervision of probationers, conditions, and revocation procedures.
- North Dakota Court System - Forms
Court forms related to probation, including probation condition forms.
- Legal Services of North Dakota
Free legal assistance for low-income North Dakotans with probation-related issues.