North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2036

Introduced
1/7/25  
Refer
1/7/25  
Report Pass
1/15/25  
Refer
1/17/25  
Report Pass
2/18/25  
Engrossed
2/20/25  
Refer
2/21/25  
Report Pass
3/25/25  
Refer
3/25/25  
Report Pass
4/8/25  
Enrolled
4/15/25  

Caption

The age of an offender, suspension or dismissal of proceedings, and predispositional assessment; to provide an appropriation; and to provide an effective date.

Impact

The legislation significantly modifies existing legal standards governing how minors are processed in the juvenile justice system. It underscores the importance of mental health assessments in determining the ability of young offenders to participate in proceedings. By allowing for remediation orders, the bill aims to provide minors the opportunity to regain competency, which could ultimately help reduce the number of cases that advance through the system without adequately addressing the underlying issues affecting the minors involved.

Summary

Senate Bill 2036 establishes new provisions regarding the fitness to proceed of minors in juvenile delinquency proceedings in North Dakota. The bill outlines a framework for assessing whether a minor is capable of understanding the legal proceedings against them and assisting in their own defense. It introduces the concept of 'remediation' whereby minors deemed unfit due to mental conditions may receive treatment aimed to facilitate their understanding and participation in legal processes. Additionally, it strengthens the role of mental health professionals within the juvenile justice system by requiring evaluations when there are doubts about a minor's fitness.

Sentiment

Discussions surrounding SB 2036 have reflected a general sentiment of support for the need to address mental health within the juvenile justice system, particularly considering the vulnerabilities of minors. Supporters argue that the establishment of clear guidelines for mental health assessments and remediation will create a more compassionate and just approach to juvenile offenses. Conversely, some stakeholders express concern about the potential for increased judicial discretion and the management of mental health resources, fearing it may lead to inconsistencies in application.

Contention

Key points of contention within the discussions of SB 2036 include the allocation of resources for mental health services, the potential burden on the court system to conduct thorough assessments, and the complexity involved in determining the appropriateness of remediation orders. Critics worry that without adequate funding and support, the objectives of the bill may be difficult to achieve in practice, compromising the rights and treatment of minors involved in the judicial process.

Companion Bills

No companion bills found.

Previously Filed As

ND SB2252

Judicial referees; and to provide an effective date.

ND HB1137

Juvenile court procedures.

ND SB2107

A BILL for an Act to provide for a legislative management study relating to statutory provisions that prohibit certain individuals from possessing a firearm.

ND SB2046

Fitness to proceed.

ND SB2277

Clerks of court; and to provide an appropriation.

ND SB2012

The autism voucher; to provide a statement of legislative intent; to provide for a legislative management study; to provide for a report; to provide an effective date; and to declare an emergency.

ND SB2346

Adjustments to state aid payments; to provide an appropriation; and to provide an effective date.

ND HB1160

Delinquent children; and to declare an emergency.

ND SB2015

A transfer of Bank of North Dakota profits to a water infrastructure revolving loan fund; to provide for a transfer; to provide an exemption; to provide for a legislative management study; to provide a report; to provide a penalty; to provide for application; to provide a retroactive effective date; to provide a contingent effective date; to provide an effective date; and to declare an emergency.

ND SB2398

Baseline funding and the determination of state school aid, loans from the coal development trust fund, and evidences of indebtedness; to provide an appropriation; to provide for retroactive application; and to provide an effective date.

Similar Bills

LA HB1145

Provides sanctions for violations of drug division probation programs (EN DECREASE GF EX See Note)

CO HB1256

Modifications To Civil Involuntary Commitment

WV HB2347

The Joel Archer Substance Abuse Intervention Act.

WV SB761

Creating Joel Archer Substance Abuse Intervention Act

OK HB4227

Mental health; immediate emergency action; detention; private centers; persons involuntarily committed; effective date.

WV SB508

Creating mental hygiene regions by Supreme Court of Appeals

CA AB2661

Mental health: sexually violent predators.

MT SB435

Generally revise laws related to mentally ill individuals