North Dakota Code 27-20.4-05.1 – Method of making a delinquency referral to juvenile court
1. A referral alleging a child has committed a delinquent act may be made to the juvenile court by a law enforcement officer who has reasonable grounds and knowledge of the facts alleged and believes such facts are true.
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Infraction | up to $1,000 |
Terms Used In North Dakota Code 27-20.4-05.1
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Sex: means the biological state of being male or female, based on the individual's nonambiguous sex organs, chromosomes, or endogenous hormone profiles at birth. See North Dakota Code 1-01-49
2. If a child is taken into custody on the alleged delinquent act, the law enforcement officer shall send the referral to the juvenile court within twenty-four hours after the time in which the minor is taken into custody under section 27-20.4-05.
3. A child who commits an infraction or misdemeanor offense on school property may not be referred to the juvenile court unless school interventions have been unsuccessful and documentation is included with the referral indicating which interventions or educational approaches were attempted.
a. A school is not required to engage in interventions before referring a case for the following misdemeanor offenses:
(1) Drug-related offenses under title 19; (2) Offenses against a person under chapter 12.1-17, 12.1-31.2, or 14-07.1; (3) Sex offenses under chapters 12.1-20, 12.1-27.1, 12.1-27.2, and 12.1-29; and (4) Any offense involving a firearm, weapon, or dangerous weapon as defined in section 62.1-01-01.
b. A law enforcement officer may:
(1) Investigate possible delinquent offenses and conduct occurring at a school, including conducting probable cause searches; (2) Consult with school staff about the conduct of a child enrolled in a school; (3) Refer a child to the juvenile court for a delinquent offense occurring on school grounds or on school property as allowed by this section; (4) Transport a child enrolled in a school to a location permitted by law; (5) Take temporary custody of a child in accordance with section 27-20.4-05 or protective custody of a child in accordance with section 27-20.3-06; and
(6) Protect the safety of students and the school community.