TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: September 13, 2017
RE: Rule 32, N.D.R.Crim.P., Sentence and Judgment; Rule 51, N.D. Sup. Ct. Admin.R., Sentencing OffendersMortality Table
State Court Administrator Sally Holewa has proposed changes to the text of Rule 51 that would make it clear that courts need to refer to the most recent federal mortality tables when sentencing violent offenders. Ms. Holewa also supports Judge Fontaine's suggestion that the substance of Rule 51 be moved to the criminal rules to increase its visibility and reduce the chance that the required calculations are not made. Ms. Holewa's memo is attached.
Proposed amendments to Rule 32 incorporating the substance of Rule 51 as a new subdivision (d) to Rule 32 are attached. Also attached are proposed amendments to Rule 51 that would repeal the rule.