All Roll Calls
Yes: 128 • No: 11
North DakotaSB 20362025 Regular SessionSenate
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.
Sponsored By: Legislative Management
Signed by Governor
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
Court safeguards for children facing charges
Beginning January 2, 2027, the juvenile fitness rules protect minors who may be unable to understand court proceedings or help their lawyer. They generally cover unmarried people under 18, including some older people charged for acts committed before 18, unless transferred. Children under 10 are treated as unable to commit an offense; those 10 or older may receive fitness exams. The law also keeps the ban on adult prosecution for offenses committed before age 14. Any party can raise fitness concerns at any time, and the court must resolve them before deciding the case. Findings or records from the past 12 months may support dismissal without another exam. A psychiatrist or licensed psychologist must examine the minor in the least restrictive setting, outside a treatment facility. The exam is due within 20 days after receiving records, with one extension of up to 15 days. Missing records must be flagged within 72 hours and supplied within seven days. The report is due within 15 days after the exam; a hearing follows within 10 days after filing. Public funds must cover reasonable exam costs when no qualified professional is available and services cannot otherwise be obtained. Lawyer-client and legal work protections remain intact. After adjudication or a finding of unfitness, reports are closed to the public, with limited inspection exceptions; research use must protect confidentiality. Incriminating exam statements cannot be used over the minor’s objection. Separately, beginning January 2, 2027, written assessments before disposition must include risk and needs unless waived, with optional mental health and trauma screening rather than fitness or criminal responsibility determinations.
State funding supports juvenile fitness services
The law provides up to $500,000 from North Dakota’s general fund to the Department of Health and Human Services. The money supports implementation and administration of the juvenile fitness and treatment rules in section 5. Funding covers July 1, 2025, through June 30, 2027; section 5 takes effect January 2, 2027. This is program funding, not a direct payment to families.
Treatment options and limits for minors
Beginning January 2, 2027, courts have dismissal and treatment options when a minor lacks fitness to proceed. If the minor may gain fitness during treatment, courts must dismiss infractions and Class B misdemeanors, except those under chapter 12.1-17. For felonies, Class A misdemeanors, and those excepted Class B misdemeanors, courts may dismiss or pause the case and order treatment. A hearing must identify the least restrictive suitable setting; neither the state hospital nor the life skills and transition center is allowed. Treatment lasts up to 60 days, with one renewal of up to 60 days and a 120-day total limit. Renewal requires a provider recommendation and a substantial probability of gaining fitness during the added time. Providers must report at least 14 days before expiration, or sooner when fitness returns or becomes unlikely. Treatment ends when fitness returns, timely recovery becomes unlikely, or the case is dismissed. Minors have trial counsel in treatment-related proceedings unless excused. Facility commitments require acceptance of generally accepted, nonexperimental treatment, including involuntary prescribed medication, without a separate civil commitment. Commitments remain subject to court review and facility reporting. If gaining fitness within the allowed period is unlikely, courts may dismiss and release the minor to a caregiver. They may instead keep jurisdiction and order available mental health or other services after release. Those services last up to 60 days, with one renewal and a separate 120-day total limit; inpatient and outpatient care depend on availability. If caregiver release is inappropriate, courts may dismiss the case and direct proceedings under chapter 27-20.3. To resume prosecution after treatment, the state must prove fitness is more likely than not.
Sponsors & Cosponsors
Sponsor
Legislative Management
Affiliation unavailable
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 4/10/2025
Second reading, passed, yeas 82 nays 10
Yes: 82 • No: 10
Senate vote • 2/19/2025
Second reading, passed, yeas 46 nays 1
Yes: 46 • No: 1
Actions Timeline
Filed with Secretary Of State 04/17
4/21/2025HouseSigned by Governor 04/17
4/18/2025SenateSent to Governor
4/16/2025SenateSigned by President
4/15/2025SenateSigned by Speaker
4/15/2025HouseReturned to Senate
4/10/2025SenateSecond reading, passed, yeas 82 nays 10
4/10/2025HouseReported back, do pass, place on calendar 14 6 3
4/8/2025HouseRereferred to Appropriations
3/25/2025HouseReported back, do pass 11 1 2
3/25/2025HouseCommittee Hearing 09:00
3/10/2025HouseIntroduced, first reading, referred Judiciary Committee
2/21/2025HouseReceived from Senate
2/20/2025HouseSecond reading, passed, yeas 46 nays 1
2/19/2025SenateAmendment adopted, placed on calendar
2/19/2025SenateReported back amended, do pass, amendment placed on calendar 12 1 3
2/18/2025SenateCommittee Hearing 02:00
2/3/2025SenateCommittee Hearing 09:00
1/28/2025SenateRereferred to Appropriations
1/17/2025SenateAmendment adopted, placed on calendar
1/16/2025SenateReported back amended, do pass, amendment placed on calendar 7 0 0
1/15/2025SenateCommittee Hearing 09:00
1/14/2025SenateIntroduced, first reading, referred Judiciary Committee
1/7/2025Senate
Bill Text
Adopted by the Senate Judiciary Committee
Enrollment
FIRST ENGROSSMENT
INTRODUCED
Prepared by the Legislative Council staff for Senator Mathern
SECOND ENGROSSMENT
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