§ 27-20.5-08 — Remediation (Effective after January 1, 2027)

North Dakota § 27-20.5-08

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-20.5: Fitness to Proceed and Remediation of Juveniles

Text

1. If the minor lacks fitness to proceed but the court finds the minor may be remediated to
fitness to proceed within the period of the remediation order:
a. The matter must be dismissed if the offense is an infraction or a class B
misdemeanor, except a class B misdemeanor under chapter 12.1-17; or
b. The court may dismiss the matter or suspend the proceedings against the minor if
the offense is a felony, class A misdemeanor, or class B misdemeanor under
chapter 12.1-17.
2. If the proceedings are suspended because the minor lacks fitness to proceed but the
court finds the minor may be remediated to fitness within the period of the remediation
order, then:
a. Before issuing a remediation order, the court shall hold a hearing to determine the
least restrictive available environment for completion of the remediation. The
least restrictive available environment may not be at the state hospital or the life
skills and transition center.
b. The court may issue a remediation order that is valid for sixty days from the date
of the court order finding the child incompetent or until one of the following
occurs, whichever occurs first:
(1) The minor has regained fitness or there is no substantial likelihood the minor
will regain fitness within the period of the order; or
(2) The delinquency proceedings are dismissed.
c. Following issuance of the remediation order, the remediation provider shall
submit a report to the court regarding the progress a minor made in remediation
services. The report must be submitted to the court no later than fourteen days
before the expiration of the sixty-day order or sooner if:
(1) The remediation provider determines the minor no longer lacks fitness to
proceed; or
(2) The remediation provider determines there is no substantial probability the
minor will be fit to proceed within the period of the order.
3. No later than fourteen days before the expiration of the initial sixty-day order, the
remediation provider may recommend to the court that the remediation order be
renewed by the court for another sixty days, if there is a substantial probability the
minor will be fit to proceed within the period of that renewed remediation order. The
remediation provider shall include a report of progress a minor made in remediation
services which demonstrates the minor is likely to be found fit to proceed if a renewal
is ordered. The remediation order and any renewed remediation order may not exceed
a total of one hundred twenty days.