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 and clarifying that individuals ten years or older may be assessed for mental fitness. The bill introduces a new definition of "fitness to proceed," which includes the ability to consult with counsel and understand the nature of the offense. It outlines the process for determining a minor's fitness, including the requirement for a tier 1a mental health professional to conduct examinations and submit reports to the court, while emphasizing confidentiality regarding the minor's records.

Furthermore, the legislation mandates that the court hold a hearing within ten days of receiving the mental health report to assess the minor's fitness, allowing both prosecution and defense to present evidence. It establishes a remediation process for minors deemed unfit to proceed, which includes the possibility of dismissing charges under certain conditions and providing mental health treatment. The bill also includes provisions for the court to issue remediation orders and requires progress reports from remediation providers. To support the implementation of these mental health services for minors, the bill appropriates $500,000 to the Department of Health and Human 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