The Senate Appropriations Committee’s Human Resources Division took public testimony on Senate Bill 2036, a bill that would move provisions for juveniles who lack fitness to proceed out of the adult code into the juvenile code and create remediation services for those youth. The fiscal note attached to the bill lists an appropriation of about $5,580,000, of which roughly $1,000,000 is federal funds.

Senator Claire Cory, who introduced the bill for the record, said the measure was recommended by the Interim Juvenile Justice Committee and unanimously recommended by the Judiciary Committee. "Senate bill 2036 is a bill that was recommended out of the Interim Juvenile Justice Committee last interim," Cory said, adding it "not only moves it to juvenile code, but updates language and implements best practice for juveniles."

The Department of Health and Human Services provided a breakdown of the appropriation. Shawna Eberhardt, clinical director for behavioral health policy, told the committee the request covers policy administration, specialists and clinical staff, training materials and legal support. She said, "The first section here relates to policy administration. So what we would be looking at is approximately 240,000 for either a contract or a contracted provider or an FTE..." and then described additional line items including psychologists and administrative support.

Testimony from Dakota Central Human Service Zone director Morris Hardy and others described the population the bill targets and the limited existing placements. "It is estimated that this bill would impact approximately 25 youth annually, increasing the number of complex need youth in human service zone custody," Hardy told the committee, adding that those youth often have "extensive and complex behavioral needs" and that statewide placement and service options are limited.

Committee members asked how the appropriation and staffing would interact with the governor’s budget and existing FTE requests. Jonathan Almaty of the Department of Health and Human Services said the bill is an interim bill and "it is not part of the governor's budget," noting the FTEs discussed are not included in the department’s current budget request. Lyndon Yonder, speaking for the department on implementation mechanics, said if FTEs are tied to the bill they should be added to the bill so the state can present a clear FTE number.

Public defenders and legal services representatives said the bill creates an option for remediation where currently a case would be dismissed if a juvenile is found unable to participate in their defense. Travis Fink, executive director of the North Dakota Commission on Legal Counsel for Indigence, said the bill replaces adult-focused "restoration" language with juvenile-appropriate "remediation" and adds timelines and procedures suitable for youth.

No committee vote was taken at the hearing. The public hearing record was closed after proponents and department staff testified; committee members asked for a written breakdown of the fiscal numbers and signaled they would review the appropriation details before further action.