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 12 judicial districts. Direct supervision of juvenile court employees is at the district court level. 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 committed youth. DJS also administers some detention and operates the state's delinquency institution.

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

Day Report
Day Report is a community-based program that uses structure, supervision, and skill development to help teenagers with at least one delinquent offense. Juvenile court or the Division of Juvenile Services refers youth to the program. Youth come from group homes, foster homes, or youth correctional centers. Day Report's programs include learning job skills and career goals, anger and stress management, goal setting, expressive art, and life skills. Day Report began as a pilot program for 14-to 17-year olds from Grand Forks. In 2003, it expanded to include a program in Bismarck that serves eight clients at a time.

Detention
The Department of Corrections and Rehabilitation provides regional detention services at the Youth Correctional Center, county sheriffs operate four secure detention facilities, and a multi-county correctional authority operates the remaining facility. Juveniles are detained only pre-adjudication, pre-disposition, or while awaiting placement in one of five local juvenile detention centers, the North Dakota Youth Correctional Center, or one of 15 non-secure Attendant Care Programs. Detention is not used as a disposition or as a sanction for probation violation.

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.

In 1989, the Division of Juvenile Services, in cooperation with the North Dakota Association of Counties, developed the Statewide Detention Support Services (SDSS) Program, a program of locally administered attendant care and certain detention and transportation subsidies through 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 SDSS Program has been extremely effective in reducing the use of adult jails for juvenile offenders and secure detentions of status offenders. The number of juveniles held in adult jails on yearly basis has been dramatically reduced from over 1,400 in 1981 to around 20 in 2002. Annually, the SDSS Program supports the non-secure supervision of over 1,200 youth and the secure detention of approximately 100 serious delinquent offenders. These services are being provided statewide at 15 locally administered attendant care sites and within 6 regional detention facilities.

Delinquency Intake Screening
A complaint may be made by any person, including a law enforcement officer, who has knowledge of the facts alleged or is informed and believes that they are true. Juvenile supervisors, appointed by the juvenile court judge, perform delinquency intake screening. A petition may not be filed unless the juvenile supervisor, the court, or other person authorized by the court has determined and endorsed upon the petition that the filing of the petition is in the best interest of the public and the child. The state prosecutor makes the charging decision.

Diversion
The Juvenile Court has three options for the handling of juvenile cases: 1) counsel and adjust (i.e., diversion); 2) informal adjudication; or 3) formal adjudication. The decision is based on the seriousness of the offense, the age of the juvenile, previous offense history, and reliability of evidence. If the case is diverted, the court may refer the juvenile to Minor in Possession/Minor in Consumption substance abuse classes and/or shoplifting classes, if applicable, or to programs, such as restorative justice conferencing and teen court. If the case is processed informally, an informal hearing is held with the juvenile and his/her parents. Through an informal adjustment, the court may: a) release with a warning and possible referral for instruction to those options listed for diversion; b) divert the case to another agency or program in which there would be meetings with the youth and his or her parents, restitution, and community service; or c) give the youth informal probation of up to nine months with varying sanctions including face to face contacts with a probation officer.

Predisposition Investigation
Juvenile supervisors, appointed by the juvenile court judge, 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 and assigns juvenile supervisors to each judicial district to administer these services. Juvenile probation officers are called Court Officers.

Social work is the philosophy that guides probation practice in North Dakota. Juveniles may receive formal probation of up to 24 months with regular meetings with a probation officer and additional sanctions, such as drug court.

Juvenile Probation Officer Qualifications, Certification, and Training
Court officers must have bachelor's degrees. Court officers are professionally certified and must attend training. The training monitor is the State Court Administrator.

Juvenile Corrections Continuum
The Department of Corrections and Rehabilitation, Division of Juvenile Services, is responsible for the single secure juvenile institution, the North Dakota Youth Correctional Center. It houses juveniles of both sexes. However, by law, no child under age 12 can be committed to the North Dakota Youth Correctional Center. In addition to the state facility for delinquents, the Division also maintains a network of community alternatives for treatment, rehabilitation, and aftercare.

Community Corrections
Delinquent and troubled youth can be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Services. Upon commitment to the Department, community corrections workers become responsible for case management to ensure that youth are placed in the least restrictive environment. Corrections workers assigned to one of eight regions provide these case management services.

Commitment to State
If a youth is found to be delinquent, the court may commit the youth to the Division of Juvenile Services or to another state department to which the commitment of delinquent or unruly children may be made. Commitments are indeterminate and determined by the North Dakota Division of Juvenile Services following assessment. The judge makes the placement decision. When necessary, the commitment order may provide that the youth initially be placed in a secure facility. The Division of Juvenile Services processes the youth through diagnostic testing and evaluation programs to develop an individualized treatment and rehabilitation plan. Community case managers, working for the Division of Juvenile Services, supervise committed juveniles.

Blended Sentencing
North Dakota does not have a blended sentencing option.

Direct Placement
A juvenile can be placed out of their home (in a non-secure setting) if custody is given to the local County Social Service agency. In this case, the juvenile probation officer retains supervision. If placement is made to the Youth Correctional Center, custody must be transferred to the Division of Juvenile Services, at which time, the DJS community case manager assumes supervision and the probation officer no longer has any role or responsibility.

Release
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. A juvenile can be kept until age 19 (the extended age of jurisdiction), if the juvenile court finds that the extended time is necessary for the youth's treatment or rehabilitation.

Aftercare/Re-entry
The Department of Corrections and Rehabilitation, Division of Juvenile Services, is responsible for juvenile aftercare.

North Dakota is participating in the Office of Justice Program's Serious and Violent Offender Reentry Initiative. For information about North Dakota's involvement, click here. By visiting the State Activities & Resources page, users can read about how other states are using their grants. Descriptions of programs for juveniles follow the descriptions of programs for adults, where applicable.

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 2005 legislative session)
Lower Age: None specified
Upper Age: 17
Extended Age of Delinquency Jurisdiction: 19

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. Judges and judicial referees serve on the board.

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

Terry Traynor
Juvenile Justice Specialist
ND Association of Counties
425 N. 5th Street, P.O. Box 417
Bismarck, ND 58502-1898
Phone: (701) 328-9800
Fax: (701) 258-2469

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/.