Basic services, 2022
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Overall
Mostly state operated
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Detention
Locally operated
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Probation
State operated
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Reentry
State operated
In North Dakota, the state judicial and executive branches operate most delinquency services with the exception of secure detention.
Detention is provided through regional facilities administered by the county or multi-county collaborations with one exception; one detention facility is administered by the Division of Juvenile Services at a Youth Correctional Center
The Supreme Court Administrator’s Office administers juvenile probation through judicial districts.
The Department of Corrections and Rehabilitation, Division of Juvenile Services, an adult corrections agency, is responsible for commitment and juvenile reentry. |
Purpose clauses, 2016
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No clause
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Parens patriae
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Due process era
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Balanced and Restorative Justice (BARJ)
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Developmental Approach
Corrections agency, 2015
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Independent juvenile corrections agency
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Family/child welfare agency or division
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Broad human services agency
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Adult corrections agency or division
The North Dakota Department of Corrections and Rehabilitation, Division of Juvenile Services administers commitments to juvenile correctional facilities and reentry services for youth leaving those facilities.
Intake and diversion, 2016
Initial intake and court diversion decision is at the discretion of the prosecutor or the juvenile court intake officer.
Statutory time limits for pre- & post-petition court diversions exist.
Solitary confinement, 2016
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Prohibits punitive confinement
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Limits punitive confinement
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No limits on punitive confinement
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Did not respond
Solitary confinement for punitive purposes is not allowed in North Dakota's juvenile correctional facilities. Confinement may be used to control behavior that is a threat to the safety of the juvenile, others, property, or security of facility and cannot exceed 24 hours. A hearing is required if confinement is more than 8 waking hours. However, respondents indicated confinement is no longer used in practice, rather juveniles are placed in time-out for up to 4 hours to allow them to “cool off.” (Adapted from 51 Jurisdiction Survey of Juvenile Solitary Confinement Rules in Juvenile Justice Systems, 2016. Lowenstein Center for the Public Interest at Lowenstein Sandler LLP)
Release decision, 2016
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Agency
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Court
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Parole board
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Agency and court
Release decisions for youth committed to the Division of Juvenile Services are the responsibility of the Division. 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 risk assessment tool is not currently used to inform the release decision.
Risk assessment, 2020
| Organization |
2013 |
2017 |
2020 |
| Statewide uniform assessment |
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| Layered/regional assessment |
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| Locally administered assessment |
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In North Dakota, the Supreme Court Administrator’s Office administers juvenile probation through judicial districts. The juvenile court’s administrative policy requires the use of a risk/needs assessment in juvenile probation. North Dakota uses the Youth Assessment & Screening Instrument (YASI) statewide and provides training on the YASI for probation officers.
Information from the YASI is used to guide diversion from formal process decisions and informal adjustment planning, develop/inform pre-disposition investigation reports and/or planning, develop probation disposition recommendations to the juvenile court, assign probation supervision level, and develop probation case plans.
The state is able to aggregate case level data and uses it to assist with probation administration and organizational planning.
Sex offender registration, 2015
Registers
Risk instruments, 2017
- Risk instruments tool used
- Youth Assessment and Screening Instrument (YASI)
Mental health screening, 2014
Requires a research-based mental health screening
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Secure detention
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Probation
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Corrections
- Mental health screening tool used
- The Youth Assessment and Screening Instrument - Pre-screen (YASI Pre-screen)
In North Dakota, the use of a research-based mental health screening instrument is encouraged in probation, corrections and secure detention. The Supreme Court Administrator’s Office which administers juvenile probation through judicial districts requires the use of the YASI Pre-Screen and names the instrument in administrative policy.
The use of the Massachusetts Youth Screening Instrument, 2nd Edition (MAYSI-2) is encouraged in corrections and secure detention by the Department of Corrections and Rehabilitation, Division of Juvenile Services (corrections) and the majority of regional detention facilities administered by county or multi-county collaborations. The state funds the instruments and provides training and technical assistance for mental health screening.
Frameworks for evidence-based practices, 2014
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Statute
Supporting commitment to EBPs
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Administrative regulations
Either in corrections, probation, or the juvenile court
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Support center
Or collaboration dedicated to coordinating activities around implementing, evaluating, and sustaining EBPs
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No stance
No official stance on EBPs
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Did not respond
State did not respond to the survey
North Dakota does not have an official position or definition concerning the use of evidence-based programs and practices. However, the state funds some evidence-based intervention programs on a contractual basis.
Recidivism reporting, 2016
Does not publish recidivism consistently over time.
