ND SB2036

Creates new chapter 27-20.5 establishing comprehensive procedures for evaluating and remediating fitness to proceed for juveniles in delinquency proceedings, defining "fitness to proceed" as the ability to consult with counsel and understand the nature of charges

Removes the minimum age of 10 for criminal incapacity and bars adult prosecution for offenses committed by individuals under age 14

Requires fitness examinations by tier 1a mental health professionals (licensed psychiatrists or psychologists) within 20 days, with detailed clinical assessments and written reports to the court within 15 days of examination completion

Establishes remediation orders of up to 60 days (renewable once for a maximum of 120 days total) in the least restrictive environment, excluding the state hospital and life skills center, with mandatory dismissal for infractions and class B misdemeanors

Appropriates $500,000 from the general fund to the Department of Health and Human Services for implementation during the 2025-2027 biennium, with key provisions effective January 2, 2027