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/.