Youth offenders present special problems in the criminal justice systems throughout the country. Each state has developed rules on how to deal with minors charged and convicted of crimes. In North Dakota, the legislature recently modernized the juvenile justice system with sweeping legislation, and many say it was a long time coming.
Here is what you need to know about how North Dakota treats youth offenders today.
North Dakota Law and Policy for Juveniles
An increase in population and young defenders has shown the juvenile system to be inadequate to properly handle juveniles and truly address the issues they face. The new rules seek to pinpoint the underlying problems of juvenile crime, which is something the old way of doing things could not accomplish.
Specifically, the new law will:
- Create new categories for juvenile cases instead of lumping all juveniles into one category
- Change the term “unruly child” to “child in need of services,” allowing the child to access vital social and medical services without justice system involvement
- Presume all children are indigent in order to provide them with counsel in delinquency matters
Numerous other benefits are intended. Ultimately, the changes are meant to address the root of each juvenile’s problem by properly classifying them and ensuring access to services and legal representation.
The Juvenile Legal Landscape Before the New Law
Before the new law, juveniles were dealt with using a one-size-fits-all type of policing that treated them all as unruly troublemakers. Sadly, the truth is that juveniles often have problems for numerous reasons unrelated to delinquency and unruliness.
Yet, prior to the new law, they were all handled as delinquents and frequently referred to the juvenile justice system when other social systems and programs should have been used.
How Juvenile Court in North Dakota Works
The Juvenile Court system has been around since 1911 in North Dakota and continues its mission of:
- Promoting public safety
- Holding juveniles accountable for their delinquent acts
- Increasing juvenile contributions to the community
As a subsection of the state’s district courts, juvenile courts handle various issues and proceedings relating to minors.
These issues include:
- Guardianship proceedings for certain minors
- Hearings for children at risk of harming themselves
- Termination of parental rights for the protection of children
- Juveniles between 10 to 17 who face charges that are crimes when committed by adults
- Interstate compact of children and interstate compact of the placement of children
- Consent hearings relating to juvenile marriage, military service, and medical procedures
Part of the court’s work involves seeing that juveniles get non-criminal attention for the problems and issues they are facing.
This means that juvenile courts have partnered with numerous public and private agencies to ensure various types of valuable services are available to minors at risk, including:
- Skills-teaching programs
- Anger management programs
- Communication and relationship skills building
- Tools to help understand and respect boundaries
- One-on-one Carey Guides coaching and intervention with youth on probation
Through these services, courts promote a holistic approach to juvenile problems instead of relying solely on a criminal justice approach to case resolution.
The Division of Juvenile Services
When a juvenile becomes an adjudicated delinquent, it is the Division of Juvenile Services that is called on to take custody of the juvenile. The agency operates out of offices throughout the state and manages the North Dakota Youth Correctional Center. It employs case workers for each juvenile under its care, who create individualized plans for young offenders.
Can Juveniles Go to Adult Prison?
Juveniles generally cannot go to adult prison. Instead, they are held in the custody of the Division of Juvenile Services. In some cases, certain juveniles can be charged as adults. If convicted, they will serve their sentence at a juvenile detention facility, potentially up until the age of 20, at which time they will be transferred to an adult facility.
A juvenile may be tried as an adult in North Dakota if they are charged with certain serious crimes, such as:
- Murder
- Sexual crimes
- Drug crimes
Unfortunately, children who are tried and convicted as adults will subsequently be considered adults for all criminal justice purposes. In other words, once an adult, always an adult.
A Strong Juvenile Defense Is Vital
Recent modernizations to the juvenile system in North Dakota promote better treatment of juveniles charged and convicted of crimes. However, young offenders still need a robust defense against the state when facing criminal investigations and charges.
Heartland Law Office vigorously defends juveniles at every stage of the process and fights hard for a favorable resolution to their charges. If you need an effective and experienced juvenile defense lawyer, contact Heartland Law Office today.