Explainer: North Dakota’s New Youth Fitness-to-Proceed Law

The North Dakota state capitol (Photo Credit: Wikimedia Commons/Bobak Ha’Eri)

Last month, North Dakota Governor Kelly Armstrong signed a landmark bill to change how courts handle cases involving youth with mental health concerns or who lack the developmental maturity to understand the court process. Senate Bill 2036 creates a clear, fair process for determining whether a young person is mentally able to participate in their own court proceedings—and ensures they receive help. 

This bill is the result of collaboration by the North Dakota court system’s Mental Health Workgroup, a special task force, and the CSG Justice Center. 

Why Was This Legislation Needed?

As in many states, North Dakota’s courts have long faced challenges when a young person’s mental fitness to stand trial is in question. The process for ordering and completing clinical assessments was inconsistent and often resulted in long delays. Although state law called for these exams to be done within 15 days, the typical wait was over 90 days. This meant young people could spend months in limbo—sometimes in detention—before it was even decided if they could participate in their own case. 

Just as concerning, there was no clear, consistent process for what should happen next if a youth was found not competent to stand trial; some cases stalled indefinitely, leaving young people without access to needed services or resolution, and the courts without a fair or timely path forward. This combination of delays and uncertainty underscored the urgent need for change. 

What Does This Legislation Mean for Youth in North Dakota?

SB 2036 sets up a clear and fair process for handling these cases: 

• Timely Evaluations: Courts can order a clinical assessment if there’s reason to doubt a youth’s fitness to stand trial, and the law sets strict timelines to prevent unnecessary delays. 

• Least Restrictive Setting: Evaluations should happen in the least restrictive environment possible, not automatically in detention. 

• Treatment and Restoration: If a youth is found unfit, the court can order services to help restore their mental fitness, with regular progress reviews and a maximum remediation period of 120 days. 

• Dismissal or Services: If a youth cannot be restored to fitness, the court may dismiss the case or order appropriate services to help them, ensuring no one is left in legal limbo. 

• Protecting Rights: The law safeguards youth’s rights, including confidentiality and protection from self-incrimination during evaluations. 

The bill provides $500,000 to pay for these assessments and services, ensuring the reforms are implemented. The new procedures will take effect in January 2027. 

How Were the Recommendations Developed?

For several years, North Dakota’s court system hosted an interdisciplinary Mental Health Workgroup to improve how the courts handle mental health cases. In early 2024, a subgroup began focusing specifically on youth fitness-to-proceed issues. This group included judges, prosecutors, defense attorneys, health and human services staff, and court administrators. They listened to feedback from stakeholders, reviewed research and best practices from other states, and worked closely with the CSG Justice Center. 

CSG Justice Center staff delivered presentations on best practices and research from across the country, conducted listening sessions with local stakeholders to understand service gaps, and more. This collaborative process ensured the final bill reflected the needs and concerns of everyone involved in North Dakota’s juvenile justice system. 

With SB 2036, North Dakota is making its juvenile justice system fairer, timelier, and more responsive to young people with mental health needs and developmental immaturity. The law will help prevent youth from being stuck in the system for months, ensure they get the help they need, and protect their rights throughout the process.