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North Dakota Century Code Title 27. Judicial Branch of Government § 27-20.5-06. Fitness to proceed examination

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of section effective January 2, 2027.>

1. If there is reason to doubt the minor's fitness to proceed, the court shall order the minor to be examined by a tier 1a mental health professional.

2. This section does not prohibit any party from retaining the party's own qualified tier 1a mental health professional to conduct additional evaluations at the party's own expense.

3. The fitness to proceed examination must be conducted in the least restrictive environment and may not be conducted in a treatment facility as defined in section 25-03.1-02.

4. The court shall order the prosecuting attorney, minor's attorney, and juvenile court staff to submit any information considered relevant to the fitness to proceed examination to the tier 1a mental health professional, including:

a. The names and addresses of all attorneys involved;

b. Information about the alleged offense; and

c. Any information about the minor's background which is in the prosecuting attorney's possession.

5. Except as prohibited by federal law, the court shall require the attorneys and juvenile court staff to provide any available records regarding the minor and any other information relevant to the examination to the tier 1a mental health professional, including:

a. Psychiatric records;

b. School records;

c. Medical records; and

d. Child protective services records.

6. The requirement to provide records or information under subsections 4 and 5 does not limit, waive, or abrogate the work product doctrine or the attorney-client privilege, and release of records and information under subsections 4 and 5 is subject to the work product doctrine and the attorney-client privilege.

7. The fitness to proceed examination must occur within twenty days from receipt of materials identified in subsections 4 and 5 and notice of entry of the order served on the tier 1a mental health professional.

a. The court may grant up to an additional fifteen days to complete the examination if good cause is shown.

b. The materials required in subsections 4 and 5 must be disclosed contemporaneously with the order.

c. The tier 1a mental health professional shall notify the court and request any missing or additional information within seventy-two hours upon discovery of the missing information or receiving this information, and the attorneys and juvenile court staff have seven days to send the information to the tier 1a mental health professional.

8. A tier 1a mental health professional who conducts a fitness to proceed examination shall submit a written report to the court no later than fifteen days from completing the fitness to proceed examination. The report must include:

a. A description of the nature, content, and extent of the examination, including:

(1) A description of the assessment procedure, technique, and test used;

(2) Medical, educational, and court records reviewed; and

(3) Social, clinical, developmental, and available legal history.

b. A clinical assessment that includes:

(1) A mental status examination;

(2) The diagnosis and functional impact of mental illness, developmental disability, or cognitive impairment. If the minor is taking medication, the impact of the medication on the minor's mental state and behavior;

(3) An assessment of the minor's intelligence and maturity level, when relevant;

(4) The minor's age, developmental state, and decisionmaking abilities; and

(5) Whether the minor has any other factor that affects fitness to proceed.

c. A description of abilities and deficits in the following mental competency functions related to the minor's fitness to proceed:

(1) The ability to factually and rationally understand and appreciate the nature and object of the proceedings, including the ability to:

(a) Understand the role of the participants in the court process, including the roles of the judge, the minor's attorney, the prosecuting attorney, the probation officer, witnesses, and the jury, and to understand the adversarial nature of the process;

(b) Appreciate the offense and understand the seriousness of the offense;

(c) Understand and realistically appraise the likely outcomes; and

(d) Extend thinking into the future.

(2) The ability to render meaningful assistance to the minor's attorney in the preparation of the case, including:

(a) The ability to disclose to an attorney a reasonably coherent description of facts and events pertaining to the charge, as perceived by the minor;

(b) The ability to consider the impact of the minor's action on others;

(c) Verbal articulation abilities or the ability to express himself or herself in a reasonable and coherent manner;

(d) Logical decisionmaking abilities, including multifactored problem solving or the ability to take several factors into consideration in making a decision;

(e) The ability to reason about available options by weighing the consequences, including distinguishing between a not guilty and guilty plea, weighing pleas, dispositions, waivers, and strategies; and

(f) The ability to display appropriate courtroom behavior and testify relevantly.

9. The tier 1a mental health professional shall provide the court with a written report about the minor's fitness to proceed. If the tier 1a mental health professional determines the minor lacks fitness to proceed, the tier 1a mental health professional shall comment on the nature of any psychiatric or psychological disorder or cognitive impairment, the prognosis, and the available services needed to remediate the minor to fitness, if possible, within a projected time frame.

10. The court shall provide copies of the written report to the minor's attorney, the prosecuting attorney, the parents' attorney, and any guardian ad litem for the minor as soon as possible.

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Cite this article: FindLaw.com - North Dakota Century Code Title 27. Judicial Branch of Government § 27-20.5-06. Fitness to proceed examination - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-27-judicial-branch-of-government/nd-cent-code-sect-27-20-5-06/

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