The proposed bill seeks to create a new chapter in the North Dakota Century Code that addresses the fitness to proceed and remediation of juveniles in delinquency proceedings. It establishes that individuals under ten years old are incapable of committing an offense, while those aged ten and older can be assessed for mental fitness. A new definition of "fitness to proceed" is introduced, which includes the minor's ability to consult with counsel and comprehend the legal proceedings against them. The bill outlines the process for conducting fitness examinations, appointing tier 1a mental health professionals, and ensuring that these evaluations occur in the least restrictive environment. It also emphasizes the importance of providing appropriate treatment and remediation services to assist minors in achieving fitness to proceed.

Additionally, the bill mandates that the court order predispositional assessments and delineates the responsibilities of treatment facilities regarding juvenile commitments. It requires tier 1a mental health professionals to evaluate the minor's understanding of the legal process and provide a written report on their mental fitness, including any psychiatric disorders. A court hearing must occur within ten days of receiving this report to assess the minor's fitness, allowing for evidence presentation and cross-examination. The bill also establishes a remediation process for minors deemed unfit to proceed, allowing for charge dismissals under certain conditions and the possibility of mental health treatment. It allocates $500,000 to the Department of Health and Human Services for implementing these mental health services, with specific sections of the Act 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