N.D. Sup. Ct. Admin. R. & Ord. 51

As amended through March 18, 2024

Rule 51 - Sentencing Offenders - Mortality Table

Section 1. Authority and Purpose.

In accordance with N.D. Const. art. VI, § 3 and N.D.C.C. § 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. § 12.1-32-09.1, the trial court must compute the remaining life expectancy of the offender by reference to the Total All origins and races column of Table A (Expectation of life by age, race, and sex) of the United States Life Tables, 2019, included in the National Vital Statistics Reports, Volume 70, No. 19, p. 3, March 20, 2022, prepared by the National Center for Health Statistics (Center for Disease Control and Prevention) https://www.cdc.gov/nchs/data/nvsr/nvsr70/nvsr70-19.pdf.

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

ATTEST:

Penny Miller

Clerk

North Dakota Supreme Court

N.D. Sup. Ct. Admin. R. & Ord. 51

This rule is effective February 9, 2005; amended effective 8/11/2021; amended effective 9/1/2022.

Explanatory Note

This rule is effective February 9, 2005; amended effective August 11, 2021; March 2, 2022; _________, 2022.