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42 chapters · 368 sections in this title.
N.D.C.C. § 27-20.5-01 Definitions
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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…
N.D.C.C. § 27-20.5-02 Age
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1. An individual under the age of ten years is deemed incapable of commission of an offense defined by the constitution or statutes of this state. 2. An individual ten years of age or older may be assessed for mental fitness or capacity under this chapter.
N.D.C.C. § 27-20.5-03 Motion for fitness to proceed examination
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1. If there is reason to doubt the minor's fitness to proceed, the court may order on its own motion, or at the request of the minor, the minor's parent, legal guardian, legal custodian, or attorney, or the prosecuting attorney, a fitness to proceed examination to determine wheth…
N.D.C.C. § 27-20.5-04 Use of previous findings and records - Deflection
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A minor who is found to lack fitness to proceed due to previous judicial findings of lack of fitness to proceed or considerations from school, medical, or other records within the last twelve months may have the delinquency proceedings dismissed before a fitness to proceed examin…
