A request by Justice Lange, 26, to have her sentence modified was denied Wednesday in Southeast District Court in Jamestown.
Lange pleaded guilty to negligent homicide and child neglect in March 2019. Lange was accused of staying near an isolated slough for eight days while using methamphetamine in June and July 2018. During that time her infant son, Tyr, died. Authorities searched for two days before locating the body.
In 2019, Clark sentenced Lange to 10 years in the North Dakota Department of Corrections and Rehabilitation on the negligent homicide charge and two years on the child neglect charge. The sentences are to be served consecutively.
Lange appealed to the court and asked that she be allowed to serve the two-year sentence first followed by the 10-year sentence.
Lange told the court she had been told by Department of Corrections and Rehabilitation officials that she would be eligible for more treatment programs earlier if she were allowed to serve the two-year sentence first.
"It would not reduce my sentence," she said. "I want to have the treatment on the record."
Fritz Fremgen, Stutsman County state's attorney, said it was his experience that prisoners were not eligible for parole until they were in the final segment of a consecutive sentence and that treatment programs were often held until the prisoner nears the end of his or her sentence.
Clark said the court attempts to rehabilitate, make restitution to victims and punish when it hands down a sentence.
"You need to be rehabilitated but you need to be punished," she said.