How Release Dates Are Calculated in North Dakota

If you or someone you love is doing time in North Dakota, the release date is shaped by the Parole Board - not a fixed formula. North Dakota uses indeterminate sentencing, where the court imposes a maximum sentence and the Parole Board makes a discretionary decision about when to grant release. Good time credits, earned at up to 5 days per month through satisfactory performance, reduce the sentence and affect when the Board will first consider parole. There is no state law requiring a fixed percentage of the sentence to be served before the Parole Board can act, though certain mandatory minimums apply to specific offenses.

This guide walks through how North Dakota calculates a release date step by step: the indeterminate sentencing structure, the Parole Board and its discretionary authority, good time credits and how they work, felony classes and their maximums, life sentences and the 30-year rule, and mandatory minimums for armed felonies. None of this is legal advice, but it will help you understand how the North Dakota Department of Corrections and Rehabilitation and the Parole Board approach time served.

Here is the short version.

North Dakota courts impose a maximum sentence based on the felony class. Good time credits - earned at up to 5 days per month through satisfactory performance under DOCR criteria - reduce the sentence. The North Dakota Parole Board is a discretionary body that decides when to grant parole within that framework. There is no statutory floor requiring a fixed percentage of the sentence to be served before the Parole Board can consider release. DOCR data suggests the average time served (including time at transitional centers) is approximately 50 percent of the sentence. For Class AA life sentences with parole, the Board cannot consider release until the person has served 30 years less good conduct credit. Certain armed felonies carry mandatory minimums that block parole eligibility.

Step one: indeterminate sentencing in North Dakota

North Dakota uses a class-based felony system with statutory maximum penalties. The court imposes a sentence up to the statutory maximum for the class of the crime and may also impose fines. There is no structured sentencing grid that prescribes specific sentence lengths - judges apply statutory limits and exercise discretion within those bounds.

The felony classes and their maximum penalties are:

Class AA: life imprisonment without the possibility of parole, or life imprisonment with the possibility of parole. The court must designate at sentencing whether the life sentence is with or without parole.

Class A: maximum 20 years imprisonment.

Class B: maximum 10 years imprisonment.

Class C: maximum 5 years imprisonment.

If a law designates an offense as a felony without specifying the class, it defaults to a Class C felony.

Unlike structured sentencing states where the judge selects from a prescribed grid range, North Dakota judges have broad discretion to sentence anywhere from a suspended sentence with probation to the full statutory maximum.

Step two: good time and sentence reduction

Good time is the primary credit mechanism that reduces how long a person spends in prison before the Parole Board considers release.

Good time is generally earned at 5 days per month under DOCR performance criteria. This means for every month of satisfactory conduct, the sentence is reduced by 5 days. Over 12 months, that is 60 days (2 months) of credit. Over a 5-year sentence, full good time would produce 10 months of credit.

Additional meritorious sentence reductions may be awarded in qualifying cases for exceptional conduct or achievements.

Good time reduces the sentence under the provisions of Chapter 12-54.1 of the North Dakota Century Code. These reductions are taken into account when the Parole Board establishes the parole expiration date - the Board cannot set an initial parole expiration date earlier than the court-imposed sentence less earned sentence reductions.

Good time can be forfeited for misconduct, pushing the projected release date back.

Step three: the Parole Board and how it decides

The North Dakota Parole Board is the central authority in determining when a person is actually released from prison.

The Board has 6 members appointed by the Governor for three-year terms, with 3 members sitting at each monthly hearing. The Board is a discretionary body - parole is not guaranteed and is not awarded automatically upon reaching any set percentage of the sentence.

The Board may grant parole to an inmate if it is convinced that the inmate will conform to the terms and conditions of parole. The Board evaluates the inmate's conduct record, programming, risk, victim impact, the nature of the offense, and the release plan.

North Dakota law does not currently require a person to serve a fixed minimum percentage of the sentence before the Board can consider parole. This means parole consideration can begin relatively early in the sentence for some offenders, which is why DOCR data shows an average time served of approximately 50 percent (including time at transitional centers) across the system.

After parole is granted, the Board sets a parole expiration date. The parole period for a felony may not be extended more than 5 years beyond the date the court-imposed sentence would have otherwise expired. For a misdemeanor, the extension may not exceed 2 years. While on parole, the offender can earn performance based parole reduction at up to 5 days per month for satisfactory performance.

The Board may also terminate parole supervision early if it determines early termination is warranted and in the interest of justice.

Step four: life sentences and the 30-year rule

For Class AA felonies resulting in a life sentence with the possibility of parole, North Dakota law imposes a specific waiting period before the Parole Board can consider release.

A person convicted of a Class AA felony who receives a life sentence with parole is not eligible to have the sentence considered by the Parole Board for 30 years, less good conduct credit earned. The actuarial approach used in North Dakota calculates the term of a life sentence based on the offender's estimated remaining life expectancy at the date of sentencing. Under this framework, 85 percent of that calculated term must be served before parole release.

For a Class AA life sentence without parole, no Parole Board consideration occurs at any point.

For life sentences not designated as Class AA (which may arise in older cases or under different statutory frameworks), the specific rules depend on the statute under which the sentence was imposed.

Step five: mandatory minimums for armed felonies

Certain offenses in North Dakota carry mandatory minimum terms that block parole eligibility during the mandatory period.

Armed felonies carry mandatory minimum sentences: 2 years for a Class C armed felony, and 4 years for Class AA, A, or B armed felonies. These mandatory minimums cannot be stayed, and offenders convicted of these crimes are not eligible for parole during the mandatory minimum period.

Beyond armed felonies, other specific offenses may carry mandatory minimums set by statute. The sentencing order and the applicable statute are the authoritative sources for whether a mandatory minimum applies.

Step six: transitional centers and release pathways

North Dakota uses a graduated release system that includes transitional centers as a step between full incarceration and full community release.

Transitional centers allow individuals nearing parole to live in a community-based residential setting while continuing to work toward full release. Time spent in a transitional center counts toward the sentence under DOCR calculations. The DOCR's reported average time served of approximately 50 percent of the sentence includes both time at correctional facilities and time at transitional centers.

This graduated approach means that a person's transition from prison to the community often happens in stages, with the Parole Board remaining the authority that approves placement and transition at each step.

Putting it together: a worked example

Here is how the pieces fit, using an example. None of these numbers are legal advice, but they show the method.

Take a person sentenced to 5 years for a Class C felony. Good time accumulates at 5 days per month. Over 5 years (60 months), that is 300 days - about 10 months of credit. With full good time, the sentence is reduced to approximately 50 months. But release is still in the Parole Board's hands - the Board can grant parole before the 50-month mark if the person demonstrates readiness. If the Board grants parole at, say, 30 months, the person is released to supervision for the remaining period.

For a Class A felony with a 15-year sentence: good time at 5 days per month over 15 years (180 months) produces 900 days - roughly 30 months of credit. Full good time reduces the sentence to approximately 150 months (12 years and 6 months). The Board may grant parole before that point at its discretion.

For a Class AA life sentence with parole: the person waits at least 30 years less good conduct credit before the Board can hold a hearing.

The bottom line for North Dakota

North Dakota's release date is determined by the court-imposed sentence, good time credits (up to 5 days per month), and the Parole Board's discretionary decision. There is no fixed minimum percentage of the sentence that must be served under current law before parole consideration begins, which gives the Board flexibility to release people relatively early for those who demonstrate readiness. Life sentences with parole require 30 years less good time before Board consideration. Armed felonies carry mandatory minimums that block parole during the mandatory period. Average time served is approximately 50 percent of the sentence system-wide.

The practical takeaways are clear. First, maintain satisfactory performance under DOCR criteria every month, because good time (5 days per month) is the primary sentence reduction credit and misconduct forfeiture pushes the release date back. Second, engage with programming and reentry planning before the Parole Board hearing, because the Board evaluates conduct, programming, risk, and the release plan. Third, understand that parole in North Dakota is genuinely discretionary - good time may produce an earlier mathematical timeline, but the Board decides. Ask the North Dakota Department of Corrections and Rehabilitation for the current sentence reduction balance and projected Parole Board review date.