North Dakota § 27-20.5-07 Fitness to proceed hearing (Effective after January 1, 2027)

North Dakota Statutes

§ 27-20.5-07 — Fitness to proceed hearing (Effective after January 1, 2027)

North Dakota § 27-20.5-07

Title 27Judicial Branch of Government

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

This text of North Dakota § 27-20.5-07 (Fitness to proceed hearing (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 § 27-20.5-07 (2026).

Text

1.The court shall hold a hearing to determine if the minor is fit to proceed no later than ten days after the report is filed under section 27-20.5-06. At the hearing, the prosecution and defense have the right to summon and cross-examine any individual responsible for the report and introduce other evidence regarding the minor's mental condition or may submit the matter by written stipulation based on the filed report.

2.If the court finds the minor lacks fitness to proceed and that there is a substantial likelihood the minor will not attain fitness during the period of the remediation order, the court shall proceed to disposition under section 27-20.5-09.

3.The tier 1a mental health professional may appear via reliable electronic means unless objected to by the parties.

4.If the cour

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1. The court shall hold a hearing to determine if the minor is fit to proceed no later than
ten days after the report is filed under section 27-20.5-06. At the hearing, the
prosecution and defense have the right to summon and cross-examine any individual
responsible for the report and introduce other evidence regarding the minor's mental
condition or may submit the matter by written stipulation based on the filed report.
2. If the court finds the minor lacks fitness to proceed and that there is a substantial
likelihood the minor will not attain fitness during the period of the remediation order,
the court shall proceed to disposition under section 27-20.5-09.
3. The tier 1a mental health professional may appear via reliable electronic means unless
objected to by the parties.
4. If the court finds the minor is fit to proceed, the delinquency proceedings must
proceed.