23.0472.01000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1160
of North Dakota
Introduced by
Representatives Roers Jones, Klemin, Satrom
Senators Hogue, Larson, Sickler
1 A BILL for an Act to create and enact a new subsection to section 54-23.3-04 of the North
2 Dakota Century Code, relating to the duties of the director of the department of corrections and
3 rehabilitation; to amend and reenact subsection 4 of section 27-20.4-01, subsection 3 of section
4 27-20.4-17, subsections 1 and 8 of section 27-20.4-18, section 27-20.4-21, and section
5 27-20.4-23 of the North Dakota Century Code, relating to delinquent children; and to declare an
6 emergency.
7 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
8 SECTION 1. AMENDMENT. Subsection 4 of section 27-20.4-01 of the North Dakota
9 Century Code is amended and reenacted as follows:
10 4. "Child" means an individual who is:
11 a. Under the age of eighteen years and is not married; or
12 b. Under the age of twenty Eighteen years of age or older with respect to a
13 delinquent act committed while under the age of eighteen years and not married,
14 unless an offense is transferred under section 27-20.4-21.
15 SECTION 2. AMENDMENT. Subsection 3 of section 27-20.4-17 of the North Dakota
16 Century Code is amended and reenacted as follows:
17 3. If the court cannot find a less restrictive alternative, theThe court may commit a child
18 to the division of juvenile services. A risk and needs assessment must be the basis for
19 the determination of commitment to the division of juvenile services. The court only
20 may commit a child to the division for a new delinquent offense. Unless all probation
21 extensions have been exhausted, the child's risk and treatment needs continue to be
22 high and the child is refusing to comply with the terms of probation, the court may not
23 commit a child for a violation of the terms of probation, or may order a child over
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1 eighteen years of age to serve a term of probation under the supervision of the
2 department of corrections and rehabilitation.
3 SECTION 3. AMENDMENT. Subsections 1 and 8 of section 27-20.4-18 of the North Dakota
4 Century Code are amended and reenacted as follows:
5 1. A probation order entered by the court must place the child under the supervision of
6 the director, unless the child is over eighteen years of age and the child's risk and
7 needs require supervision by the department of corrections and rehabilitation under
8 subsection 3 of section 27-20.4-17.
9 8. The director or assigned probation court officer may request two extensionsan
10 extension up to four months each or one extension up to four months for intensive
11 supervised probation programsone year for failure to comply or meet the treatment
12 goals of the court order and case plan.
13 SECTION 4. AMENDMENT. Section 27-20.4-21 of the North Dakota Century Code is
14 amended and reenacted as follows:
15 27-20.4-21. Transfer to other courts.
16 1. After a petition has been filed alleging delinquency based on conduct that is
17 designated a crime or public offense under the laws, including local ordinances or
18 resolutions of this state, the court before hearing the petition on the merits shall
19 transfer the offense for prosecution to the appropriate court having jurisdiction of the
20 offense if:
21 a. The child is over sixteen years of age and requests the transfer;
22 b. The child was fourteen years of age or more at the time of the alleged conduct
23 and the court determines that there is probable cause to believe the child
24 committed the alleged delinquent act and the delinquent act involves the offense
25 of murder or attempted murder; gross sexual imposition or the attempted gross
26 sexual imposition of a victim by force or by threat of imminent death, serious
27 bodily injury, or kidnapping; or
28 c. (1) The child was fourteen or more years of age at the time of the alleged
29 conduct;
30 (2) A hearing on whether the transfer should be made is held in conformity with
31 sections 27-20.2-12, 27-20.2-13, and 27-20.4-14;
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1 (3) Notice in writing of the time, place, and purpose of the hearing is given to
2 the child and the child's parents, guardian, or other custodian at least three
3 days before the hearing; and
4 (4) The court finds that there are reasonable grounds to believe:
5 (a) The child committed the delinquent act alleged;
6 (b) The child is not amenable to treatment or rehabilitation as a child
7 through available programs;
8 (c) The child is not treatable in an institution for individuals who are
9 intellectually disabled or who are mentally ill;
10 (d) The interests of the community require that the child be placed under
11 legal restraint or discipline; and
12 (e) If the child is fourteen or fifteen years old, the child committed a
13 delinquent act involving the infliction or threat of serious bodily harm.
14 2. The burden of proving reasonable grounds to believe that a child is amenable to
15 treatment or rehabilitation as a child through available programs is on the child in
16 those cases in which:
17 a. If the alleged delinquent act involves the offense of manslaughter, aggravated
18 assault, robbery, arson involving an inhabited structure, or escape involving the
19 use of a firearm, destructive device, or other dangerous weapon or in cases in
20 which;
21 b. If the alleged delinquent act involves an offense that if committed by an adult
22 would be a felony and the child has two or more previous delinquency
23 adjudications for offenses that would be a felony if committed by an adult; or
24 c. If the child is twenty-five years of age or older.
25 3. In determining a child's amenability to treatment and rehabilitation, the court shall
26 consider and make specific findings on the following factors:
27 a. Age;
28 b. Mental capacity;
29 c. Maturity;
30 d. Degree of criminal sophistication exhibited;
31 e. Previous record;
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1 f. Success or failure of previous attempts to rehabilitate;
2 g. Whether the child can be rehabilitated before expiration of juvenile court
3 jurisdiction;
4 h. Any psychological, probation, or institutional reports;
5 i. The nature and circumstances of the acts for which the transfer is sought;
6 j. The prospect for adequate protection of the public; and
7 k. Any other relevant factors.
8 4. A child subject to the jurisdiction of the juvenile court, either before or after reaching
9 eighteen years of age, may not be prosecuted for an offense previously committed
10 unless the case has been transferred as provided in this section.
11 5. Statements made by the child at a hearing under this section are not admissible
12 against the child over objection in the criminal proceedings following the transfer
13 except for impeachment.
14 6. If the case is not transferred, the judge who conducted the hearing may not over
15 objection of an interested party preside at the hearing on the petition. If the case is
16 transferred to a court of which the judge who conducted the hearing is also a judge,
17 the judge likewise is disqualified over objection from presiding in the prosecution.
18 7. An individual at least twenty years of age who committed an offense while a child and
19 was not adjudicated for the offense in juvenile court may be prosecuted in district court
20 as an adult, unless the state intentionally delayed the prosecution to avoid juvenile
21 court jurisdiction. The district court has original and exclusive jurisdiction for the
22 prosecution under this subsection.
23 SECTION 5. AMENDMENT. Section 27-20.4-23 of the North Dakota Century Code is
24 amended and reenacted as follows:
25 27-20.4-23. Limitations of orders of disposition.
26 1. An order of disposition may not exceed twelve months from disposition unless
27 extended by the court. The director or designee may request two extensions up to four
28 months eachan extension up to one year for the child to complete the treatment goals
29 of the court order and the case plan.
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1 2. An order of disposition committing a delinquent child to the division of juvenile services
2 may not exceed twelve months. The court may extend the order for an additional
3 twelve-month period, if:
4 a. A hearing is held upon motion of the division, or on the court's own motion, prior
5 to the expiration of the order;
6 b. Reasonable notice of the hearing and an opportunity to be heard are given to the
7 child and the parent, guardian, or other custodian;
8 c. The court finds the extension is necessary for the treatment or rehabilitation of
9 the child and has determined that such treatment cannot be provided in their
10 home community; and
11 d. The extension does not exceed twelve months from the expiration of an order
12 limited by subsection 3 or two years from the expiration of any other limited order.
13 3. Except as provided in subsection 2, an order of disposition pursuant to which a child is
14 placed in foster care may not continue for more than twelve months after the child is
15 considered to have entered foster care. A permanency hearing must be conducted
16 before the extension of any court order limited under this subsection. Any other order
17 of disposition may not continue in force for more than twelve months.
18 4. The court may terminate an order of disposition before the expiration of the order.
19 5. Except as provided in subsection 2, the court may terminate an order of disposition or
20 extension before its expiration, on or without an application of a party, if it appears to
21 the court the purposes of the order have been accomplished. If a party may be
22 adversely affected by the order of termination, the order may be made only after
23 reasonable notice and opportunity to be heard have been given to the party.
24 6. When the child attains the age of twenty years, all orders affecting the child then in
25 force terminate and the child is discharged from further obligation or control.
26 SECTION 6. A new subsection to section 54-23.3-04 of the North Dakota Century Code is
27 created and enacted as follows:
28 To employ personnel and to establish policies and procedures to supervise a child
29 when a court orders supervision and management by the department under
30 subsection 1 of section 27-20.4-18.
31 SECTION 7. EMERGENCY. This Act is declared to be an emergency measure.
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Statutes affected:
INTRODUCED: 27-20.4-01, 27-20.4-17, 27-20.4-21, 27-20.4-23
FIRST ENGROSSMENT: 27-20.4-01, 27-20.4-17, 27-20.4-21, 27-20.4-23
Enrollment: 27-20.4-01, 27-20.4-17, 27-20.4-21, 27-20.4-23