BISMARCK, ND ( KXNET ) — A working group of prosecutors and defense lawyers in North Dakota were at the capitol on Tuesday, September 17, to discuss changes they would like to see made in the state’s juvenile justice system, which include reforming juvenile competency.

“On the competency bill and the remediation bill, prosecution and the defense are really on the same side on this, that we want treatment remediation services for juveniles, and right now that’s something that really doesn’t exist,” said Derek Steiner, Assistant State’s Attorney for Cass County.

He, along with Travis Finck, Executive Director of the North Dakota Commission on Legal Counsel, told members of the North Dakota State Legislature’s Juvenile Justice Committee that reform is greatly needed to make those services available to them.

Like an adult, a child charged with a crime is first evaluated to determine whether or not they are fit to stand trial. The courts look at their juvenile competency, which involves determining the defendant’s ability to understand the charges brought against them, as well as having full knowledge of their legal rights.

Finck testified at the committee meeting that a lack of juvenile remediation services in the state has hampered some children in their ability to effectively seek counsel from their attorneys who must defend their cases.

“There’s nowhere we can send a child in the state of North Dakota to get those services, in order to help them defend against the case. So, what we end up with is those cases being dismissed, and the child really being left to their own devices,” explained Finck.

Right now, Finck says a child can be evaluated to see if they are fit or not fit to stand trial, but he says there are no mental health treatment services that would help them understand their rights should they have to go to court.

“So, what we end up with is this gap, and what do we do with these kids in this gap?” questioned Finck.

He says those children are left at a greater disadvantage in adequately defending themselves in court.

“When the attorney goes to visit with them, they don’t understand the charges. They aren’t really able to have that conversation with their attorney as to legal terms to understand the system in which they’re supposed to help them defend themselves,” he explained.

“Maybe these kids didn’t have counsel before and they were just admitting to their actions without understanding what they were doing,” said Finck.

When that happens, he explained that their attorney brings a motion to the court, arguing that due process requires that they need to be able to help them defend their case, and that the child has a thorough understanding of their legal rights.

Finck and Steiner both hope that new legislation will be passed to provide the services that children may need to help them better understand their rights, so they can work with their attorneys in preparing their defense should they be charged with a crime.

Members of the Juvenile Justice Committee are working on a new bill that will be brought before the state legislature in next year’s session.

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