N.D. Cent. Code § 27-20.2-09

Current through 2024 Legislative Session
Section 27-20.2-09 - Nonjudicial adjustment - Informal adjustment
1. Before a petition is filed, the director of juvenile court or designee may give counsel and advice to the parties and impose conditions for the conduct and control of the child in lieu of further proceedings with a view to an informal adjustment if it appears:
a. The admitted facts bring the case within the jurisdiction of the court;
b. Information, advice, and conditions, if any, for the conduct and control of the child without an adjudication would be in the best interest of the public and the child; and
c. The child and the child's parents, guardian, or other custodian consent to the counsel and advice with knowledge that consent is not obligatory.
2. If a victim is identified in the referral, the court must give reasonable written notice of the informal adjustment to the victim.
3. The giving of information and advice and any conditions imposed for the conduct and control of the child may not extend beyond six months from the day commenced unless extended by the court for an additional period not to exceed six months and does not authorize the detention of the child if not otherwise permitted by this chapter. For a driving-related offense, the conditions may include a restriction on the child's driving privileges as authorized under section 27-20.4-19.
4. An incriminating statement made by a child to the juvenile court officer or designee giving information and advice incident to the giving of counsel and advice may not be used against the child over objection in any proceeding or as part of a risk and need screening or assessment process.

N.D.C.C. § 27-20.2-09

Amended by S.L. 2023 , ch. 294( HB 1137 ), § 8, eff. 8/1/2023.
Added by S.L. 2021 , ch. 245( HB 1035 ), § 22, eff. 7/1/2021.