North Dakota legislation · 69th Legislative Assembly
North Dakota SB2036: 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.
Status: Signed into law, April 21, 2025
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.
What the bill says
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.
From the enrolled text, April 15, 2025:
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. SECTION 1. AMENDMENT. Section 12.1-04-01 of the North Dakota Century Code is amended and reenacted as follows: 12.1-04-01. Juveniles. 1. An individual under the age of ten years is deemed incapable of commission of an offense defined by the constitution or statutes of this state. The prosecution of an individual as an adult is barred if the offense was committed while the individual was less than fourteen years of age. 2. An individual ten years of age or older may be assessed for mental fitness or capacity under this chapter. SECTION 2. AMENDMENT. Subsection 4 of section 12.1-04-08 of the North Dakota Century Code is amended and reenacted as follows: 4. If the court determines the defendant currently lacks fitness to proceed and the defendant may attain fitness to proceed under subsection 12, the court may enter an order for a course of treatment considering the least restrictive form of …