Section 1. Authority and Purpose.
In accordance with Article VI, Section 3, of the North Dakota Constitution and N.D.C.C. Section 12.1-32-09.1, the Supreme Court adopts this administrative rule relating to mortality tables in determining the sentence imposed upon certain offenders.
Section 2. Applicable Mortality Table.
In determining the sentence imposed upon a violent offender in accordance with N.D.C.C. Section 12.1-32-09.1, the trial court shall compute the remaining life expectancy of the offender by reference to Table A (Expectation of life by age, race, and sex) of the United States Life Tables, 2002, included in the National Vital Statistics Reports prepared by the National Center for Health Statistics (Center for Disease Control and Prevention)www.cdc.gov/nchs/products/pubs/pubd/lftbls/life/1966.htm.
Section 3. Effective Date.
This rule is effective February 9, 2005.
Dated at Bismarck, North Dakota, this February 9, 2005.
Gerald W. VandeWalle, Chief Justice
William A. Neumann, Justice
Dale V. Sandstrom, Justice
Mary Muehlen Maring, Justice
Carol Ronning Kapsner, Justice
North Dakota Supreme Court