This bill proposes the creation of chapter 27-20.5 of the North Dakota Century Code, which focuses on the fitness to proceed and remediation of juveniles in delinquency cases. It amends existing laws to redefine "child in need of protection" to include those lacking fitness to proceed in a delinquency case dismissed within the last six months. The legislation establishes a comprehensive framework for assessing a minor's mental fitness, detailing the examination process, the roles of mental health professionals, and the legal procedures necessary to ensure due process. Key amendments include the removal of the presumption that individuals under ten are incapable of committing an offense and the introduction of a definition for "fitness to proceed," which encompasses various mental health conditions.

The bill mandates that adjudication cannot proceed if a minor's fitness is questioned until a determination is made. It outlines the responsibilities of the court and mental health professionals in conducting assessments and providing treatment in the least restrictive environment. Additionally, it emphasizes the importance of minors understanding the court process and their ability to assist their attorneys. A tier 1a mental health professional is required to assess the minor's fitness and submit a report to the court, which must hold a hearing within ten days. If a minor is found unfit, the court may issue a remediation order for up to sixty days, with the possibility of renewal. The bill allocates $4,580,000 from the general fund and $1,000,000 from federal funds to support these mental health services, with sections taking effect on January 2, 2027.

Statutes affected:
INTRODUCED: 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
PREFILED: 12.1-04-01, 12.1-04-08, 27-20.3-01, 27-20.4-15