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SB 2036

AN ACT to create and enact chapter 27-20.5 of the North Dakota Century Code, relating to fitness to proceed and remediation of juveniles; to amend and reenact section 12.1-04-01, subsections 4 and 5 of section 12.1-04-08, and section 27-20.4-15 of the North Dakota Century Code, relating to the age of an offender, suspension or dismissal of proceedings, and predispositional assessment; to provide an appropriation; and to provide an effective date.

69th Legislative Assembly (2025-26)

SB 2036 creates a formal remediation framework to restore juveniles' fitness to proceed in delinquency cases, expanding assessments, treatment options, and related protections.

Filed with Secretary Of State 04/17
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Bill Summary · SB 2036

Summary — SB 2036 (Sixty‑ninth Legislative Assembly, North Dakota)

Status: Filed with Secretary of State 04/17/2025. Introduced March 7, 2025. (Bill would create chapter 27‑20.5 NDCC; amends NDCC sections 12.1‑04‑01, 12.1‑04‑08(4) & (5), 27‑20.3‑01(5), and 27‑20.4‑15.)

Purpose / Intent

SB 2036 establishes a statutory framework for determining and addressing a juvenile’s "fitness to proceed" in delinquency cases and creates a formal remediation process to restore a minor’s ability to participate in court proceedings. The bill clarifies ages for assessment, expands court powers to order treatment and assessments, and links certain fitness findings to child‑protection procedures.

Key provisions and changes

  • New chapter 27‑20.5 NDCC: defines terms and creates a remediation system for juveniles found or suspected to lack fitness to proceed.
    • Defines “fitness to proceed,” “minor,” “remediation,” “remediation provider,” and “tier 1a mental health professional” (psychiatrist or licensed psychologist).
    • Authorizes motions and court‑initiated fitness examinations and remediation processes (full details appear in the enacted chapter).
  • Age and assessment thresholds (amendment to 12.1‑04‑01):
    • Children under 10 are conclusively incapable of committing an offense.
    • Prosecution as an adult is barred where the offense occurred before age 14.
    • Mental fitness/capacity assessments may begin at age 10.
  • Fitness proceedings (amendments to 12.1‑04‑08 subsections 4 & 5):
    • If a juvenile currently lacks fitness but may attain it, the court may order therapeutically appropriate treatment in the least restrictive setting.
    • Trial counsel must represent the juvenile (unless excused).
    • If a minor cannot retain a tier 1a professional and services are unavailable, the court may authorize reasonable public funding for an examination.
    • To resume prosecution after treatment, the State must prove by a preponderance that the juvenile has attained fitness.
    • If committed to a treatment facility, the court must specify custody/commitment terms and may order acceptance of nonexperimental, generally accepted treatment — including involuntary prescribed medication — without a separate commitment under chapter 25‑03.1.
    • Facilities must report on counsel representation and facts at least 60 days before scheduled fitness review.
  • Predispositional assessment (amendment to 27‑20.4‑15):
    • Courts must direct a predisposition assessment (risk/needs assessment and other screenings) before disposition unless waived.
    • During proceedings courts may order examinations, forensic testing, mental health or trauma screening, or competence/criminal responsibility evaluations.
    • If a child is found not competent/crim‑responsible, the court may: dismiss and release to custodian with conditions; suspend delinquency proceedings up to one year and order outpatient/inpatient services or commitment to appropriate institutions; or dismiss delinquency and initiate child‑in‑need‑of‑protection proceedings.
  • Child in need of protection (amendment to 27‑20.3‑01(5)):
    • Adds a new ground: a child found to lack fitness to proceed and whose delinquency case was dismissed within the prior six months.

Who is affected

  • Juveniles alleged delinquent (particularly ages 10–17 and those charged for acts committed under 18).
  • Juvenile courts, prosecutors, defense counsel, treatment facilities, mental‑health professionals (psychiatrists/psychologists), and child‑protection agencies.
  • Potentially increases demand on public funds for competency evaluations and treatment when private providers are unavailable.

Procedural/timeline aspects & fiscal note

  • The bill requires specified assessments prior to disposition and sets review/notice duties for treatment facilities (e.g., 60‑day reporting before fitness review).
  • The court may suspend proceedings up to one year for remediation and treatment.
  • The bill text indicates an appropriation is provided, but the summary documents do not list a dollar amount in the excerpts reviewed.
  • Effective date: the bill text includes an effective date clause (specific date not shown in provided excerpts).

If enacted, SB 2036 would expand procedural safeguards and treatment options in juvenile competency cases, formalize remediation pathways, and create intersections between delinquency and child‑protection systems.

Compiled from official sources — confirm details with the bill’s official record.

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