SB 2036 North Dakota Senate · 69th Legislative Assembly (2025-26)

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.

Summary
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.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Apr 2025
Senate Passage
Feb 2025
House Passage
Apr 2025
Signed into Law
Apr 2025
Introduced Jan 7, 2025 Signed Apr 18, 2025
Maddy AI version diff · 3 comparisons

What changed between versions

SECOND ENGROSSMENT Enrollment · 6 edits
MODERATE
This bill amends existing juvenile justice laws to add a new chapter on fitness to proceed and remediation for juveniles, clarifies age-related protections, and expands the court's authority to order treatment and assessments during delinquency proceedings. The changes strengthen protections for young offenders by establishing clearer standards for mental fitness evaluations and treatment commitments.
Scope change
Added a new chapter 27-20.5 specifically addressing fitness to proceed and remediation of juveniles, while modifying existing sections related to age of offenders and predispositional assessments.
SCOPE

Created new chapter 27-20.5 establishing procedures for assessing juvenile mental fitness to proceed with delinquency proceedings and outlining remediation requirements.

ELIGIBILITY

Clarified that individuals under ten are incapable of committing offenses and prosecution as adults is barred if the offense occurred before age fourteen.

REQUIREMENT

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.

ENFORCEMENT

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.

TIMELINE

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.

Floor votes · Senate Feb 19, 2025 · House Apr 10, 2025

How they voted

461
Passed
Total votes 47
Feb 19, 2025
D Democratic5
5 Yea
100% Yea
R Republican42
41 Yea 1 Nay
97% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
23
Key actions
13
Committee
10
Apr 21, 2025
Introduced
Filed with Secretary Of State 04/17
legislature
Apr 18, 2025
Signed into law
Signed by Governor 04/17
upper
Apr 10, 2025
Lower · Passed
Second reading, passed, yeas 82 nays 10
lower
Apr 8, 2025
Lower · Passed
Reported back, do pass, place on calendar 14 6 3
lower
Mar 25, 2025
Committee
Rereferred to Appropriations
lower
Mar 25, 2025
Lower · Passed
Reported back, do pass 11 1 2
lower
Mar 10, 2025
Lower · Passed
Committee Hearing 09:00
lower
Feb 21, 2025
Introduced
Introduced, first reading, referred Judiciary Committee
lower
Feb 19, 2025
Upper · Passed
Second reading, passed, yeas 46 nays 1
upper
Feb 19, 2025
Upper · Passed
Amendment adopted, placed on calendar
upper
Feb 18, 2025
Upper · Passed
Reported back amended, do pass, amendment placed on calendar 12 1 3
upper
Feb 3, 2025
Upper · Passed
Committee Hearing 02:00
upper
Jan 28, 2025
Upper · Passed
Committee Hearing 09:00
upper
Jan 17, 2025
Committee
Rereferred to Appropriations
upper
Jan 16, 2025
Upper · Passed
Amendment adopted, placed on calendar
upper
Jan 15, 2025
Upper · Passed
Reported back amended, do pass, amendment placed on calendar 7 0 0
upper
Jan 14, 2025
Upper · Passed
Committee Hearing 09:00
upper
Jan 7, 2025
Introduced
Introduced, first reading, referred Judiciary Committee
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.