Chapter 23 - Imprisonment
Chapter 23 - Imprisonment
The authorized terms of sentences of imprisonment, including both prison terms and parole terms are:
(1) for a class A felony, life imprisonment, or a term of years not less than 10 years and not to exceed 30 years;
(2) for a class B felony, a term not less than 5 years and not to exceed 15 years;
(3) for a class C felony, a term of not to exceed 7 years;
(4) for a class D a term not to exceed 5 years;
(5) for a class A, a term not to exceed one year;
(6) for a class B a term not to exceed 6 months;
(7) for a class C misdemeanor, a term not to exceed 15 days.
In cases of class C and D felonies, the court has the discretion to imprison for a special term not to exceed one year in the territorial correctional facility or other authorized penal institution, and the place of confinement is to be fixed by the court. If the court imposes a sentence of imprisonment for a term longer than one year upon a person convicted of a class C or D felony, it shall commit the person to the custody of the corrections division for a term of years not less than 2 years and not exceeding the maximum authorized terms provided in subsections (3) and (4) of 46.2301.
(a) When a sentence of imprisonment for a felony is imposed, the court shall commit the defendant to the custody of the corrections division for the term imposed under 46.2301, or until released under procedures established elsewhere by law.
(b) When an extended sentence of imprisonment is imposed pursuant to 46.2305 et seq., the court shall commit the defendant to the custody of the corrections division for the maximum prison term of the sentence imposed under 46.2301.
(c) A sentence of imprisonment for a misdemeanor shall be for a definite term and the court shall commit the defendant to the Territorial Correctional Facility or other authorized penal institution for the term of his sentence or until released under procedures established elsewhere by law.
(a) A sentence of imprisonment for a term of years consists of a prison term and a parole term. A minimum prison term of 1/3 of the sentence of imprisonment or 15 years in cases of life sentences for crimes other than murder in the first degree, must be served by a prisoner before the prisoner is eligible to apply for parole. The parole term of a prisoner may not exceed the unexpired sentence of imprisonment of the prisoner. The minimum parole term of any sentence imposed under 46.2301 is:
(1) one-third for terms of 9 years or less;
(2) 3 years for terms between 9 and 15 years; or
(3) 5 years for terms more than 15 years, but not including life imprisonment. The maximum prison term is the remainder of the sentence.
(b) “Parole” means the discharge of a prisoner by the corrections division subject to condi-tions of release that the territorial parole board considers reasonable to assist the offender to lead a law-abiding life, and subject to the supervision under the territorial parole board. The conditions of release include: avoidance by the offender of any other crime whether federal, state or territorial: shall prohibit technical violation of his parole: and, may require the offender to make restitution or reparation to aggrieved parties for damages or loss caused by the offense for which conviction was had but should not exceed an amount the defendant will be able to pay within the parole term.
(a) The court may sentence a person who has pleaded guilty to or has been found guilty of a class B, C, or D felony to an extended term of imprisonment if it finds the defendant is a persistent offender or a dangerous offender.
(b) A “persistent offender” is one who has been previously convicted of 2 felonies committed at different times and not related to the instant crime of each other as a single criminal episode.
(c) A “dangerous offender” is one who:
(1) is being sentenced for a felony during the commission of which he knowingly murdered or endangered or threatened the life of another person or knowingly inflicted or attempted or threatened to inflict serious physical injury on another person; and
(2) has been previously convicted of a class A or B felony or of a dangerous felony.
(d) The total authorized maximum terms of imprisonment for a persistent offender or a dangerous offender are:
(1) for a class B felony, a term of years not to exceed 30 years;
(2) for a class C to exceed 15 years;
(3) for a class D to exceed 10 years.
(e) Except as provided in person who is armed with a deadly weapon during the felony, a term of years not felony, a term of years not subsection (f), a firearm or other commission or attempted commission of a misdemeanor, upon conviction, shall be sentenced by the court to an additional, consecutive, mandatory sentence of 6 months.
(f) A person convicted of a misdemeanor or attempted misdemeanor in which the use of a firearm was an element of the crime shall be sentenced by the court to a term of years or months as provided under 46.2301 which shall include a minimum sentence of 6 months.
(a) The court shall not impose an extended term under 46.2305 (a), (b), (c), or (d) unless:
(1) the indictment or information, original, amended, or in lieu of an indictment, pleads all essential facts warranting imposition of an extended term; and
(2) after a finding of guilty or a plea of guilty, a sentencing hearing is held at which evidence establishing the basis for an extended term is presented in open court with full rights of confrontation and cross-examination, and with the defendant having the opportunity to present evidence; and
(3) the court determines the existence of the basis for the extended term and makes specific findings to that effect.
(b) Nothing in this section prevents the use of presentence investigations or commitments under 46.1908 and 46.1909.
(c) At the sentencing hearing both the Territory and the defendant are permitted to present additional information bearing on the issue of sentence.
(a) Multiple sentences of imprisonment run concurrently unless the court specifies that they run consecutively or as otherwise provided by law.
(b) If a person who is on probation or parole, or conditional, is sentenced to a term of im-prisonment for an offense committed after the granting of probation or parole or after the start of his parole term, the court shall direct the manner in which the sentence or sentences imposed by the court shall run with respect to any resulting probation or parole revocation term. If the subsequent sentence to imprisonment is in another jurisdiction, the court shall specify how any resulting probation or parole revocation term or terms shall run with respect to the foreign sentence of imprisonment.
(a) A person convicted of a crime in this Territory shall receive as credit toward service of a sentence of imprisonment all time spent by him in prison or jail both because awaiting trial for the crime and pending transfer after conviction to the corrections division or the place of confinement to which he was sentenced. Time required by law to be credited upon some other sentence is applied to that sentence alone; except that:
(1) time spent in jail or prison awaiting trial for an offense because of detainer for the offense is credited toward service of a sentence of imprisonment for that offense even though the person was confined awaiting trial for some unrelated bailable offense; and
(2) credit for jail or prison time is applied to each sentence if they are concurrent.
(b) The officer required by law to deliver a convicted person to the corrections division en-dorses upon the commitment papers the period of time to be credited as provided in subsection (a).
(c) If a sentence of imprisonment is vacated and a new sentence is imposed on the defendant for the same offense, the new sentence is calculated as if it had commenced at the time the va-cated sentence was imposed, and all time served under the vacated sentence is credited against the new sentence.
(d) If a person serving a sentence of imprisonment escapes from custody, the escape inter-rupts the sentence. The interruption continues until the person is returned to the institution in which the sentence was being served, or in the case of one committed to the custody of the corrections division to any institution administered by the division.
(e) If a person released from imprisonment on parole violates any of the conditions of his parole or release, he may be treated as a parole violator. If the territorial parole board revokes the parole, the paroled person serves the remainder of his prison term and all the parole term, as an additional prison term, and the paroled person serves the remainder of the parole term as an additional prison term unless he is sooner released on parole.