AN ACT to create and enact chapter 27-20.5 of the North Dakota Century Code, relating to fitness to proceed and remediation of juveniles; to amend and reenact section 12.1-04-01, subsections 4 and 5 of section 12.1-04-08, and section 27-20.4-15 of the North Dakota Century Code, relating to the age of an offender, suspension or dismissal of proceedings, and predispositional assessment; to provide an appropriation; and to provide an effective date.
What changed between versions
Created new chapter 27-20.5 establishing procedures for assessing juvenile mental fitness to proceed with delinquency proceedings and outlining remediation requirements.
Clarified that individuals under ten are incapable of committing offenses and prosecution as adults is barred if the offense occurred before age fourteen.
Added requirements for court-ordered treatment plans, including representation by trial counsel and authorization of public funds for mental health examinations when needed.
Expanded court authority to order various assessments including risk and needs assessments, mental health screenings, trauma screenings, and examinations of competence or criminal responsibility.
Added provision allowing courts to dismiss proceedings and initiate child in need of protection proceedings when a juvenile is found to lack competency or criminal responsibility.
Established a sixty-day review timeline for juvenile fitness to proceed cases, requiring facilities to inquire about legal representation and report findings to the court.