North Dakota § 27-20.5-01 Definitions (Effective after January 1, 2027)

North Dakota Statutes

§ 27-20.5-01 — Definitions (Effective after January 1, 2027)

North Dakota § 27-20.5-01

Title 27Judicial Branch of Government

Ch. 27-20.5Fitness to Proceed and Remediation of Juveniles

This text of North Dakota § 27-20.5-01 (Definitions (Effective after January 1, 2027)) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 27-20.5-01 (2026).

Text

1."Fitness to proceed" means sufficient present ability to consult with counsel and assist in preparing the minor's defense with a reasonable degree of rational understanding or a rational and factual understanding of the nature of the offense and delinquency proceedings against the minor. A lack of fitness to proceed may result from the presence of any condition, including mental illness, mental disorder, developmental disability, or developmental immaturity.

2."Minor" means an individual who is:

a.Under the age of eighteen years and is not married; or

b.Eighteen years of age or older with respect to a delinquent act committed while under the age of eighteen years, and not married, unless an offense is transferred under section 27-20.4-21.

3."Remediation" means the process of providi

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1. "Fitness to proceed" means sufficient present ability to consult with counsel and assist
in preparing the minor's defense with a reasonable degree of rational understanding or
a rational and factual understanding of the nature of the offense and delinquency
proceedings against the minor. A lack of fitness to proceed may result from the
presence of any condition, including mental illness, mental disorder, developmental
disability, or developmental immaturity.
2. "Minor" means an individual who is:
a. Under the age of eighteen years and is not married; or
b. Eighteen years of age or older with respect to a delinquent act committed while
under the age of eighteen years, and not married, unless an offense is
transferred under section 27-20.4-21.
3. "Remediation" means the process of providing learning opportunities, services, and
support to achieve fitness to proceed.
4. "Remediation provider" means an individual providing remediation services for minors.
5. "Tier 1a mental health professional" is a psychiatrist licensed under chapter 43-17 or a
psychologist licensed under chapter 43-32.