This bill establishes a new chapter in the North Dakota Century Code that focuses on the fitness to proceed and remediation of juveniles involved in delinquency proceedings. It amends existing laws by removing the provision that individuals under ten years old are incapable of committing an offense, while still prohibiting prosecution as an adult for those under fourteen. The legislation introduces a framework for assessing a minor's mental fitness, allowing for treatment orders if the court finds a defendant lacks fitness to proceed. It mandates representation by trial counsel during fitness assessments and outlines conditions for administering treatment, including involuntary treatment with prescribed medication.

Furthermore, the bill defines key terms related to fitness to proceed and establishes procedures for conducting fitness examinations in the least restrictive environment, ensuring timely reporting by mental health professionals. It emphasizes the confidentiality of fitness examination reports and the protection of minors' rights during the adjudication process. The bill also introduces provisions for a tier 1a mental health professional to evaluate a minor's understanding of the legal process and assist their attorney, requiring a written report on the minor's mental fitness. If a minor is found unfit to proceed, the court can dismiss charges under certain conditions and order mental health services for up to sixty days, with the possibility of renewal. An appropriation of $500,000 is included to support the implementation of these mental health services, with sections of the bill set to take effect on January 2, 2027.

Statutes affected:
PREFILED: 12.1-04-01, 12.1-04-08, 27-20.3-01, 27-20.4-15
Adopted by the Senate Judiciary Committee: 12.1-04-01, 12.1-04-08, 27-20.3-01, 27-20.4-15
FIRST ENGROSSMENT: 12.1-04-01, 12.1-04-08, 27-20.3-01, 27-20.4-15
Prepared by the Legislative Council staff for Senator Mathern: 12.1-04-01, 12.1-04-08, 27-20.4-15
SECOND ENGROSSMENT: 12.1-04-01, 12.1-04-08, 27-20.4-15
Enrollment: 12.1-04-01, 12.1-04-08, 27-20.4-15
INTRODUCED: 12.1-04-01, 12.1-04-08, 27-20.3-01, 27-20.4-15