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Delinquency
Services Summary
Combination
State:
With the exception of secure detention, the state operates
most delinquency services for youth in North Dakota. However,
responsibility is divided between the state judicial and state
executive branches. The Supreme Court Administrator's Office
funds and administers juvenile probation services, including
delinquency intake screening, predisposition investigation,
and probation supervision through 7 judicial districts. Direct
supervision of juvenile court employees is at the district
court level.
Juvenile Court to the Department of Corrections and Rehabilitation,
Division of Juvenile Services' (DJS) community corrections
workers assigned to one of eight regions provide case management
and aftercare services for youth committed to their agency.
DJS also operates the state's single correctional institution,
the ND Youth Correctional Center.
Court(s)
with Delinquency Jurisdiction
District Courts exercise jurisdiction over delinquency proceedings.
District Courts are general jurisdiction trial courts. For more
information, visit the North
Dakota Supreme Court's web site.
Highlights
Restorative
Justice – Juvenile Accountability Conferencing
Restorative justice programming, specifically Juvenile
Accountability Conferencing, was initiated in North Dakota
in 1999. Juvenile Accountability Conferencing has been utilized
on a statewide basis primarily by the Juvenile Court as an
intervention for misdemeanor offenders and property offenders
at all levels. It has had a tremendous impact on the persons
involved and effectuated system responsiveness by address
reparation and accountability for the offenders while fulfilling
concerns of the victims and communities. Recidivism is measured
based on the number of youth who are re-arrested or seen at
Juvenile Court for a new delinquent offense occurring six
months after program completion. Based on the most recent
performance data, 90% of the juveniles completing Juvenile
Accountability Conferencing did not re-offend.
Day
Report
Day Report is an after school and early evening supervision
and competency-building program for youths ages 14-17 who
have a history of delinquent offenses and are on court probation
or under the custody of the juvenile corrections agency. Participating
youth attend the program Mondays-Fridays from 3:30 –
7:30 pm. A special emphasis is placed on youth returning to
the community after placement at the State’s correctional
facility. Day Report provides delinquent youth with additional
supervision during high risk times and the ability to learn
skills and competencies which help protect them from making
bad choices which can lead to further delinquent acts. Data
suggests that Day Report is a promising option for delinquent
youth.
EQUIP
– Teaching Youth to Think and Act Responsibly through
Peer-Helping Approach
North Dakota’s youth corrections system began delivering
anger management programming for youth in 1998. The State’s
juvenile corrections agency trains its entire staff both at
the correctional facility and in the community to deliver
the EQUIP programming. Whether a DJS staff works in the area
of treatment, safety and security staff, case management,
dietary, or physical plant, all staff address behaviors, attitudes,
and social skill challenges and opportunities in a similar
manner. Every youth who is placed at the Youth Correctional
Center receives EQUIP programming, and community corrections
staff run EQUIP groups and deliver EQUIP to youth on an individual
basis to youth living in the community. Many of the private
residential providers who work with corrections youth have
adopted EQUIP as well, unifying and streamlining the service
delivery system.
Detention
Detention is provided through seven regional juvenile detention
facilities. Six facilities are administered directly by the
county or multi-county collaborations, and one facility is
administered by the ND Division of Juvenile Services as part
of the services provided at the Youth Correctional Center.
Juveniles are detained only pre-adjudication or pre-disposition
in one of seven local juvenile detention centers or one of
12 non-secure Attendant Care Programs. Detention is not used
as a disposition or as a sanction for option.
Detention
hearings must be held within 96 hours. By statute, a youth may be
detained to protect the person or property of others or of the youth;
because the youth may abscond or be removed from the jurisdiction
of the court; because he or she has no parent, guardian, or custodian
or other person; or the court has made an order for his or her detention.
The
Division of Juvenile Services, in cooperation with the North
Dakota Association of Counties, developed a program of locally
administered non-secure "attendant care" sites,
and certain detention and transportation subsidies, to promote
least restrictive care of juvenile offenders needing to be
held on a pre-adjudicatory basis with the use of Juvenile
Justice and Delinquency Prevention Act (JJDP) Act funds. Its
implementation reformed the use of detention and resulted
in North Dakota’s compliance with the JJDP Act. North
Dakota’s goal in using federal JJDP Act funds has been
to develop programs in concert with other state efforts so
that their use can be encouraged through economic incentives
rather than mandated by state law. The program has been extremely
effective in reducing the use of adult jails for juvenile
offenders and secure detentions of status offenders.
Delinquency Intake Screening
A referral to court may be made by any person, including a
law enforecement officer, who has knowledge of the facts alleged
or is informed and believes that they are true. Juvenile Court
Officers perform delinquency/unruly intake screening. A petition
prepared by any person other than a States Attorney (county
prosecuting attorney) may not be filed unless the Juvenile
Court Director, the court, or other person authorized by the
court has determined the filing of the petition is in the
best interest of the public and the child.
Diversion
The Juvenile Court has three options for processing juvenile
referrals: 1) diversion to appropriate programs and services;
2) Informal Adjustment; or 3) Petition or formal adjudication.
Juvenile Court intervention at any level is based on Balanced
and Restorative Justice with three components. A) Accountability;
B) Competency; and C) Community Protection. The decision to
divert a case is based on the seriousness of the offense,
the age of the juvenile, previous offense history and the
reliability of evidence. If the case is diverted, the court
may refer the juvenile to drug/alcohol programs, shoplifting
classes, individual/family counseling, cognitive restructuring
programs, if applicable, or to other programs such as restorative
justice conferencing and teen court. If the case is processed
with an Informal Adjustment, the juvenile and parents appear
for a hearing with the court officer. By statute, in order
for the case to be informally adjusted, the juvenile must
admit to the allegation and both the juvenile and parents
must consent and agree to the conditions for conduct and control
set forth by the court officer. Should the juvenile deny the
allegation, the case is forwarded to the prosecuting attorney
for a possible petition. The juvenile can be placed on an
Informal Adjustment probation for up to nine months with a
five month extension if good cause is shown. Through an Informal
Adjustment, the court officer may: a) warn, counsel and release,
b) refer to programs listed above for diversion, c) place
the juvenile on probation with varying sanctions, including
restitution, community service hours and face to face contacts
with a court officer.
Predisposition
Investigation
Juvenile Court Officers perform predisposition investigations.
North Dakota does not use a standardized predisposition investigation
tool.
Victim
Rights and Services
Juveniles adjudicated delinquent are subject to the Fair
Treatment of Victims and Witnesses chapter under the North
Dakota Criminal Code. Under this chapter, victims and witnesses
of crimes committed by juveniles are entitled to the same
rights as in any other proceeding, including the right to
submit a written impact statement, sometimes an oral impact
statement, to the court. Hearings are open to the public if
the juvenile is alleged to have committed specified offenses,
for which they could be transferred to criminal court. By
statute, the court may order the youth to make monetary restitution
to the victim and/or to complete community service. For more
information and a list of rights, visit the North
Dakota Crime Victim and Witness Assistance web site.
The
Division of Adult Services of the Department of Corrections and
Rehabilitation administers the crime
victim compensation program.
Probation Supervision
The Supreme Court Administrator's Office funds juvenile probation
services in the State. The State is divided into four units
with a director of Juvenile Court, a supervisor, and several
court officers for each unit. The supervisor in each unit
assists the director with case management and probation assignments
and services. Juveniles who are adjudicated may receive formal
probation for up to two years with conditions and face to
face contacts with a court officer. There may be additional
sanctions such as drug court.
Juvenile
Probation Officer Qualifications, Certification, and Training
Court officers must have, at minimum, a bachelor's degree
in criminal justice, social work or psychology/sociology.
Court officers attend Supreme Court-sponsored training each
year which may include out-of-state training. Each court officer
must acquire a minimum of 40 hours of continuing education
every three years, which is monitored by the Supreme Court
Administrator's Office.
Juvenile
Corrections Continuum
The Division of Juvenile Services (DJS) provides intensive
supervision and case management services to delinquent youth
committed to the agency. Each juvenile is assigned to a corrections
specialist prior to or at the time of commitment, and that
worker follows the case for the duration of the court order,
which averages eighteen months. The corrections specialist
completes a thorough risk/needs assessment as a foundation
for a "treatment and rehabilitation plan" for every
juvenile. The corrections specialists work closely with public
and private agencies, schools, and placement agencies to arrange
for services identified in the juvenile's treatment plan.
Whether the youth is in their own home, a treatment program,
or at the state's correctional facility, the corrections specialist
is ultimately responsible. The corrections specialists provide
the Juvenile Court with quarterly reports to document the
status and progress of each case. If the treatment and rehabilitation
goals have not been successfully addressed by the time the
custody order is scheduled to end, DJS requests that the court
extend the term of commitment.
Blended
Sentencing
North Dakota does not have a blended sentencing option.
Direct
Placement
Several system-wide planning and assessment tools are utilized
by DJS to determine the appropriate placement and treatment
for each youth. DJS makes a decision regarding the level of
care by balancing the principles of least restrictive, most
appropriate placement with the need for insuring public safety.
If is operational philosophy that it is in the best interests
of the juvenile, the family, and the State to keep children
in the home when it is safe for the child and the community.
Generally, about 30% of the youth in DJS custody are placed
in the family home and another 10% are placed in foster homes
in the community. Placement may be made anywhere along a continuum
that includes the parental home, relative care, family foster
care, treatment foster care, group home treatment, residential
treatment, hospitalization, and the State's single correctional
facility, the Youth Correctional Center.
Release
When a juvenile is placed at the state's secure correctional
facility, the North Dakota Youth Correctional Center, the
Division of Juvenile Services makes release decisions. By
statute, the Director of the Division of Juvenile Services
may discharge any juvenile from the North Dakota Youth Correctional
Center at any time for good conduct.
Aftercare/Re-entry
The Department of Corrections and Rehabilitation, Division
of Juvenile Services, is responsible for juvenile aftercare.
State
Laws
Legal
Resources
2001
North Dakota Century Code
State
Bar Association of North Dakota
Purpose
Clauses
To read North Dakota's purpose clauses for delinquency proceedings
and juvenile corrections, click
here.
Delinquency Jurisdiction (as of the end of the
2007 legislative session)
Lower Age: 7
Upper Age: 17
Extended
Age of Delinquency Jurisdiction: 20
Juvenile
Transfer Laws
For information on North Dakota's juvenile transfer laws, click
here.
Juvenile
Justice Leadership
North
Dakota Association of Counties
The
North Dakota Association of Counties staffs the North Dakota
Juvenile Justice State Advisory Group, the advisory group
charged with administering funds received through the federal
Juvenile Justice Delinquency Prevention Act and monitoring
compliance with the Act's mandates.
Juvenile
Policy Board
The
Juvenile Policy Board develops administrative policies and
procedures that define the mission of juvenile court services.
The Board consists of judges, referees, directors of juvenile
court, and is staffed by the Supreme Court Administrator's
Office.
Resources/Contacts
Department
of Corrections and Rehabilitation, Division of Juvenile Services
North
Dakota Association of Counties
Juvenile
Policy Board
North
Dakota Crime Victim and Witness Assistance
North Dakota
Supreme Court
North
Dakota Youth Correctional Center
State
Bar Association of North Dakota
Lisa
Jahner
Juvenile Justice Specialist
ND Association of Counties
1661 Capitol Way, P.O. Box 877
Bismarck, ND 58502-0877
Phone: (701) 328-7300
Fax: (701) 328-7308
The
National Center for Juvenile Justice strives to make each State
Profile as accurate as possible. Please bring any errors, updates,
or additions to the attention of the State
Profiles project manager. Persons listed as state contacts are
not responsible for information contained in these profiles.
© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice
Citation: National
Center for Juvenile Justice. 2006. "North Dakota." State Juvenile
Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.
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