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North Dakota Century Code Title 27. Judicial Branch of Government § 27-20.5-08. Remediation

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

<Text of section effective January 2, 2027.>

1. If the minor lacks fitness to proceed but the court finds the minor may be remediated to fitness to proceed within the period of the remediation order:

a. The matter must be dismissed if the offense is an infraction or a class B misdemeanor, except a class B misdemeanor under chapter 12.1-17; or

b. The court may dismiss the matter or suspend the proceedings against the minor if the offense is a felony, class A misdemeanor, or class B misdemeanor under chapter 12.1-17.

2. If the proceedings are suspended because the minor lacks fitness to proceed but the court finds the minor may be remediated to fitness within the period of the remediation order, then:

a. Before issuing a remediation order, the court shall hold a hearing to determine the least restrictive available environment for completion of the remediation. The least restrictive available environment may not be at the state hospital or the life skills and transition center.

b. The court may issue a remediation order that is valid for sixty days from the date of the court order finding the child incompetent or until one of the following occurs, whichever occurs first:

(1) The minor has regained fitness or there is no substantial likelihood the minor will regain fitness within the period of the order; or

(2) The delinquency proceedings are dismissed.

c. Following issuance of the remediation order, the remediation provider shall submit a report to the court regarding the progress a minor made in remediation services. The report must be submitted to the court no later than fourteen days before the expiration of the sixty-day order or sooner if:

(1) The remediation provider determines the minor no longer lacks fitness to proceed; or

(2) The remediation provider determines there is no substantial probability the minor will be fit to proceed within the period of the order.

3. No later than fourteen days before the expiration of the initial sixty-day order, the remediation provider may recommend to the court that the remediation order be renewed by the court for another sixty days, if there is a substantial probability the minor will be fit to proceed within the period of that renewed remediation order. The remediation provider shall include a report of progress a minor made in remediation services which demonstrates the minor is likely to be found fit to proceed if a renewal is ordered. The remediation order and any renewed remediation order may not exceed a total of one hundred twenty days.

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Cite this article: FindLaw.com - North Dakota Century Code Title 27. Judicial Branch of Government § 27-20.5-08. Remediation - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-27-judicial-branch-of-government/nd-cent-code-sect-27-20-5-08/

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