All Roll Calls
Yes: 128 • No: 11
North DakotaSB 20362025 Regular SessionSenateWALLET
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
Became Law
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 4 benefits, 0 costs, 2 mixed.
Age rules for charging children
Children under age 10 are legally unable to commit a crime. No one can be prosecuted as an adult for acts done before age 14. Courts may assess mental fitness for people age 10 and older.
Child protection after case dismissal
A child counts as needing protection if a court found the child unfit in a delinquency case and that case was dismissed within the last six months. This lets child‑protection services step in to help that child.
New process for juvenile fitness exams
The law sets clear rules for asking, running, and sharing juvenile fitness exams and hearings. Courts can order exams by a qualified mental health professional, and must allow public funds if a family cannot get one and services are not available. At a hearing to restart a case, the state must prove by a preponderance of the evidence the child is fit. A child has the right to trial counsel at therapy decisions unless the court excuses it as allowed by law.
Court choices when a child unfit
During the predisposition stage, a child may be examined for competence or criminal responsibility. If the child is not competent or not criminally responsible, the court can: dismiss the case and release the child to a guardian with conditions; pause the case for up to one year and require outpatient or inpatient services or commitment; or dismiss the case and start a child‑protection case.
Treatment and commitment rules for minors
If a child is not fit but may become fit, the court can order treatment and must choose the least restrictive option. If the child is committed to a treatment facility, the child must accept all generally accepted, nonexperimental treatments, and the facility may give prescribed medicine without a separate civil commitment order. If a court order does not set terms, the facility director sets needed rules inside the facility. The court sets a review date, and at least 60 days before it the facility checks if the child has a lawyer and files a brief report.
State funds juvenile mental health services
The law provides $4.58 million from the state general fund and $1.0 million in federal‑derived funds to Health and Human Services. This money supports implementing these juvenile fitness and mental health services for July 1, 2025 through June 30, 2027.
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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