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 potential for remediation services, and mandates that fitness to proceed examinations be conducted by qualified mental health professionals.

Furthermore, the bill requires a written report from the mental health professional detailing the minor's mental fitness and allocates $500,000 to the Department of Health and Human Services to support the implementation of these mental health services. It mandates a court hearing within ten days of receiving the report, allowing both sides to present evidence. If a minor is found unfit, the court may dismiss the case or suspend proceedings based on the offense's severity. The legislation aims to ensure that juveniles receive appropriate evaluations and support while navigating the legal system, with an effective date set for 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