Fitness to proceed hearing. (Effective after January 1, 2027) 1. The court shall hold a hearing to determine if the minor is fit to proceed no later than ten days after the report is filed under section 27-20.5-06. At the hearing, the prosecution and defense have the right to summon and cross-examine any individual responsible for the report and introduce other evidence regarding the minor's mental condition or may submit the matter by written stipulation based on the filed report.
2. If the court finds the minor lacks fitness to proceed and that there is a substantial likelihood the minor will not attain fitness during the period of the remediation order, the court shall proceed to disposition under section 27-20.5-09.
3. The tier 1a mental health professional may appear via reliable electronic means unless objected to by the parties.
4. If the court finds the minor is fit to proceed, the delinquency proceedings must proceed.