This bill proposes the establishment of Chapter 27-20.5 in the North Dakota Century Code, focusing on the fitness to proceed and remediation of juveniles in legal proceedings. It amends existing laws by removing the previous stipulation that individuals under ten years old are incapable of committing an offense and clarifying that individuals ten years or older may be assessed for mental fitness. The bill sets forth a framework for evaluating a minor's fitness to proceed, which includes appointing a tier 1a mental health professional for assessments and providing remediation services. It also outlines procedures for fitness examinations, emphasizing timely assessments and confidentiality of reports, while ensuring that adjudication does not occur until a minor's fitness is determined.

Furthermore, the bill mandates that courts provide copies of mental fitness reports to relevant parties and requires a hearing within ten days to assess the minor's fitness, allowing for cross-examination of report authors. If a minor is found unfit, the court may dismiss cases for infractions or class B misdemeanors, and for felonies or class A misdemeanors, it may suspend proceedings or dismiss the case if remediation is feasible. The bill also includes a remediation process with progress report requirements and appropriates $500,000 to the Department of Health and Human Services for implementing these mental health services. The provisions are set to take effect on January 2, 2027, aiming to enhance the legal framework for juvenile offenders while addressing their mental health needs.

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