reglab/housing_qa huggingface dataset:
SD Codified L § 26-11-3 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11 - Criminal Proceedings Against Minors|Section 26-11-3 - Circuit court direction to hold child in custody until felony charge filed.

26-11-3. Circuit court direction to hold child in custody until felony charge filed.When necessary, in cases where a delinquency charge against a child would otherwise constitute a felony, the circuit court may direct that such child be kept in proper custody until an information or complaint may be filed against him as in other cases under the criminal laws of this state. Source: SDC 1939, §43.0318; SL 1961, ch 214, §1.
SD Codified L § 26-11-3.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11 - Criminal Proceedings Against Minors|Section 26-11-3.1 - Request for transfer hearing by delinquent child charged with felony.

26-11-3.1. Request for transfer hearing by delinquent child charged with felony.Any delinquent child sixteen years of age or older against whom Class A, Class B, Class C, Class 1, or Class 2 felony charges have been filed shall be tried in circuit court as an adult. However, the child may request a transfer hearing which shall be conducted pursuant to §26-11-4 to determine if it is in the best interest of the public that the child be tried in circuit court as an adult. In such a transfer hearing, there is a rebuttable presumption that it is in the best interest of the public that any child, sixteen years of age or older, who is charged with a Class A, Class B, Class C, Class 1, or Class 2 felony, shall be tried as an adult. Source: SL 1997, ch 163, §1; SL 2006, ch 117, §5.
SD Codified L § 26-11-5.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11 - Criminal Proceedings Against Minors|Section 26-11-5.1 - Provision for notice to school officials and parent or guardian by law enforcement agency where student suspected of violating state drug or alcohol laws or of threatening violence.

26-11-5.1. Provision for notice to school officials and parent or guardian by law enforcement agency where student suspected of violating state drug or alcohol laws or of threatening violence.Notwithstanding any other provision of law, a law enforcement agency may provide notice of an incident within its jurisdiction to public or nonpublic school officials and to the parent or guardian of a school student if the incident is one in which the agency has probable cause to believe the school student has violated any provision of state law involving alcohol, illegal drugs, firearms, or bomb threats, or has made any threat of violence relating to any school or its students, employees, or property. However, if there is a prolonged criminal investigation and revealing information would jeopardize a successful conclusion to the case, the law enforcement agency may provide the notice at some later appropriate time. The notice shall be in writing. Source: SL 1996, ch 120, §1; SL 2000, ch 126, §1.
SD Codified L § 26-11-5.2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11 - Criminal Proceedings Against Minors|Section 26-11-5.2 - Provision for notice to school officials by judicial system where student convicted of certain crimes.

26-11-5.2. Provision for notice to school officials by judicial system where student convicted of certain crimes.Within ten days after disposition of any judicial proceeding in which a juvenile is adjudicated or convicted of committing, attempting to commit, or conspiring to commit murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first or second degree, arson, kidnapping, felony sexual contact as defined in §22-22-7, any felony offense pursuant to chapter 22-14, or any felony offense pursuant to chapter 22-14A, the Unified Judicial System shall give notice to the chief administrator of the school in which the juvenile is enrolled. The notice shall include a description of the offense committed and the disposition by the court and may include a description of the acts constituting the offense. Source: SL 2001, ch 146, §1.
SD Codified L § 26-11-5.3 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11 - Criminal Proceedings Against Minors|Section 26-11-5.3 - Disclosure of student's adjudication or conviction governed by federal law--Conditions.

26-11-5.3. Disclosure of student's adjudication or conviction governed by federal law--Conditions.The information disclosed pursuant to §26-11-5.2 is governed by the federal Family Educational Rights and Privacy Act (FERPA) as implemented in 34 CFR part 99, as effective on January 1, 2001. The Unified Judicial System shall disclose the information to the chief administrator of a nonpublic school only upon request and upon the execution of an agreement to follow the provisions of the federal Family Educational Rights and Privacy Act (FERPA) with regard to the information. Source: SL 2001, ch 146, §2.
SD Codified L § 26-11A-1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-1 - Establishment, maintenance, and operation of juvenile correctional facilities and programs.

26-11A-1. Establishment, maintenance, and operation of juvenile correctional facilities and programs.The Department of Corrections shall establish, maintain, and operate such correctional facilities and programs as it determines appropriate to provide appropriate custody and care of juveniles committed to the department pursuant to chapters 26-7A, 26-8B, and 26-8C. Source: SL 1996, ch 172, §51.
SD Codified L § 26-11A-1.4 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-1.4 - Department authorized to lease former state property--Disposition of revenue.

26-11A-1.4. Department authorized to lease former state property--Disposition of revenue.The Department of Corrections is authorized, pursuant to §5-2-2.4, to lease the former state training school real and personal property. Any revenue derived from any lease of the former state training school personal property shall be deposited in the state general fund. Any revenue derived from any lease of the former state training school real property shall be deposited with the commissioner of school and public lands and distributed to the Department of Corrections for juvenile programs subject to §4-8-1. Source: SL 2002, ch 132, §2.
SD Codified L § 26-11A-2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-2 - Acceptance and expenditure of funds--Approval.

26-11A-2. Acceptance and expenditure of funds--Approval.The Department of Corrections may accept and expend for the purpose of §26-11A-1, any funds which it may obtain from federal sources, gifts, contributions, or any other source, provided such acceptance and expenditure is approved in accordance with chapter 4-8B. Source: SL 1996, ch 172, §52.
SD Codified L § 26-11A-3 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-3 - Liability for medical and related services cost for committed juvenile--Securing payment on failure of responsible party to pay.

26-11A-3. Liability for medical and related services cost for committed juvenile--Securing payment on failure of responsible party to pay.The parent or parents, guardian, conservator, custodian, or other responsible party is liable for the medical, dental, optical, psychological, and other like services of a juvenile committed to the Department of Corrections. Upon failure to pay, the department may proceed to secure payment of such costs by the parent or parents, guardian, conservator, custodian, or other responsible party through civil judgment. Source: SL 1996, ch 172, §53.
SD Codified L § 26-11A-4 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-4 - Prohibition against court's commitment of juvenile to specific department facility or program.

26-11A-4. Prohibition against court's commitment of juvenile to specific department facility or program.The court may not commit a juvenile to a specific department facility or program. No juvenile has any implied right or expectation to be housed in a specific facility, participate in a specific program, or receive specific services. Source: SL 1996, ch 172, §54.
SD Codified L § 26-11A-5 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-5 - Age limit for juvenile within departmental jurisdiction.

26-11A-5. Age limit for juvenile within departmental jurisdiction.No adjudicated juvenile may remain within the jurisdiction of the Department of Corrections beyond the age of twenty-one years. Source: SL 1996, ch 172, §55.
SD Codified L § 26-11A-6 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-6 - Age limit for placement of child sentenced as adult into juvenile facility--Affect on status.

26-11A-6. Age limit for placement of child sentenced as adult into juvenile facility--Affect on status.A child under the age of eighteen years who has been sentenced as an adult felon to a term of imprisonment in the penitentiary may be placed in a Department of Corrections juvenile facility by the secretary of corrections. This section does not affect the child's status as an adult offender and inmate of the penitentiary. Source: SL 1996, ch 172, §56.
SD Codified L § 26-11A-7 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-7 - Jurisdiction and custody of adjudicated juvenile.

26-11A-7. Jurisdiction and custody of adjudicated juvenile.Any adjudicated juvenile committed to the Department of Corrections is at all times within the jurisdiction of the department and considered in the custody of the department until discharged. Source: SL 1996, ch 172, §57.
SD Codified L § 26-11A-8 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-8 - Extent of security and treatment services for committed juvenile--Placement of juvenile.

26-11A-8. Extent of security and treatment services for committed juvenile--Placement of juvenile.If a juvenile is committed to the Department of Corrections, the department shall determine the extent of security and treatment services that are in the best interest of the juvenile and in the best interest of the state. When the department makes its determination, it shall place the juvenile in a juvenile correctional facility under the department's control pursuant to §1-15-1.4 or a group home, group care center, residential treatment center, or other community-based services, if those community-based services were not provided prior to commitment. Source: SL 1996, ch 172, §58; SL 1998, ch 163, §1; SL 2007, ch 163, §4.
SD Codified L § 26-11A-8.1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-8.1 - Treatment and aftercare plans--Treatment team meetings.

26-11A-8.1. Treatment and aftercare plans--Treatment team meetings.For any child in the custody of the Department of Corrections and placed in a residential facility, state-run or private, the department shall participate in a monthly treatment team meeting with the residential facility. The department shall:(1)Review progress on the treatment plan goals and evaluate the effectiveness of the service;(2)Determine whether any less restrictive treatment alternative is appropriate and available; and(3)Develop an aftercare plan designed to facilitate release that identifies release options and timeframes, if appropriate.Each treatment plan shall be designed to achieve release at the earliest possible time and to maximize the child's development and acquisition of skills that enables the child to successfully transition to community living.The Department of Corrections shall train department staff on effective participation in treatment team meetings. Source: SL 2015, ch 152, §10.
SD Codified L § 26-11A-9 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-9 - Transfer of juvenile after initial placement.

26-11A-9. Transfer of juvenile after initial placement.After the juvenile's initial placement pursuant to §26-11A-8, the secretary of corrections may transfer a juvenile to a different Department of Corrections facility or program, the Human Services Center, detention, shelter, or a group home, group care center, residential treatment center, or other community-based services. Source: SL 1996, ch 172, §59; SL 2007, ch 163, §5.
SD Codified L § 26-11A-10 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-10 - Placement contracts regarding juveniles and other states--Transfer of custody--Effect on juvenile's legal rights.

26-11A-10. Placement contracts regarding juveniles and other states--Transfer of custody--Effect on juvenile's legal rights.The Department of Corrections may contract and place juveniles with appropriate agencies or departments of other states. Juveniles under the jurisdiction of the Department of Corrections who are in the custody of an agency or department of another state may be removed therefrom for change of placement. Placement of a juvenile in another state does not deprive the child of any legal rights the juvenile would have if placed in this state. Source: SL 1996, ch 172, §60.
SD Codified L § 26-11A-11 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-11 - Custodian of person of juvenile.

26-11A-11. Custodian of person of juvenile.The secretary of corrections, as guardian of all juveniles committed to the department, may appoint the person in charge of the public or private facility or program, in which the juvenile is placed, as custodian of the person of the child. Source: SL 1996, ch 172, §61.
SD Codified L § 26-11A-12 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-12 - Aftercare supervision program for juveniles conditionally released--Foster care--Terms, conditions, and duration of aftercare given in writing.

26-11A-12. Aftercare supervision program for juveniles conditionally released--Foster care--Terms, conditions, and duration of aftercare given in writing.The Department of Corrections may establish an aftercare supervision program to supervise juveniles in the community if they have been conditionally released from a department facility or program, the Human Services Center, detention, shelter, or a group home, group care center, or residential treatment center.As part of an aftercare supervision program, the department may place a juvenile in foster care, with one or both parents, a guardian, conservator, or a relative of the juvenile or with another suitable person.The terms, conditions, and duration of aftercare supervision shall be given in writing and fully explained to each juvenile placed on aftercare and a parent or custodian of such juvenile. The Department of Corrections may modify the terms, conditions, and duration of aftercare at any time. Source: SL 1996, ch 172, §62.
SD Codified L § 26-11A-13 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-13 - Failure to comply with terms and conditions of aftercare--Duration of temporary detention or shelter--Violations.

26-11A-13. Failure to comply with terms and conditions of aftercare--Duration of temporary detention or shelter--Violations.A juvenile placed on aftercare supervision may be taken into temporary detention or shelter by an authorized employee of the Department of Corrections or a law enforcement officer if the juvenile has failed to comply with the terms and conditions of aftercare or if the purposes and objects of aftercare supervision are not being served.No juvenile may be held in temporary detention or shelter longer than twenty-four hours, excluding Saturdays, Sundays, and holidays except as authorized pursuant to §26-11A-14.No juvenile may be placed in temporary detention or shelter in violation of §26-7A-26. Source: SL 1996, ch 172, §63.
SD Codified L § 26-11A-14 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-14 - Temporary detention or shelter hearing--Timing--Orders of hearing officer--Holding of juvenile pending hearing.

26-11A-14. Temporary detention or shelter hearing--Timing--Orders of hearing officer--Holding of juvenile pending hearing.A temporary detention or shelter hearing may be conducted by an independent hearing officer to determine if probable cause exists that the juvenile has failed to comply with the terms and conditions of aftercare supervision or that the purposes and objects of aftercare supervision are not being served.The temporary detention or shelter hearing shall be held within twenty-four hours, excluding Saturdays, Sundays, and holidays of the juvenile being placed in temporary detention or shelter.The independent hearing officer shall either order that:(1)Probable cause exists and the juvenile shall be held in temporary detention or shelter or returned to a Department of Corrections juvenile facility pending an aftercare supervision revocation hearing pursuant to §§26-11A-15 and 26-11A-16; or(2)Probable cause does not exist and the juvenile shall be released for continued aftercare supervision.No juvenile may be held in temporary detention or shelter or at a Department of Corrections juvenile facility pending an aftercare supervision revocation hearing for more than thirty days. Source: SL 1996, ch 172, §64.
SD Codified L § 26-11A-15 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-15 - Aftercare revocation--Hearing--Notice--Written statement of allegations--Witnesses and evidence--Representation.

26-11A-15. Aftercare revocation--Hearing--Notice--Written statement of allegations--Witnesses and evidence--Representation.If the independent hearing officer finds probable cause that the terms and conditions of aftercare have been violated by committing an act subject to transfer proceedings pursuant to §26-11-3.1, a crime of violence pursuant to subdivision 22-1-2(9), sex offense pursuant to §22-24B-1, felony sexual registry offense pursuant to chapter 22-24B, or burglary in the second degree pursuant to §22-32-3; or that the juvenile presents a significant risk of physical harm to another person and has committed a new law violation, an aftercare revocation hearing shall be held before a member of the Board of Pardons and Paroles created in §24-13-1 within thirty days of the temporary detention or shelter hearing. For the purposes of this section, a new law violation is defined as delinquent behavior pursuant to §26-8C-2, a Class 1 misdemeanor violation of title 32, or a violation of §32-23-21. The juvenile, with the consent of a parent, guardian, or custodian, has the right to waive this hearing at any time after the juvenile is detained and after advisement that waiver of the right to appear before the Board of Pardons and Paroles may result in the juvenile being returned to placement.If the hearing officer does not find probable cause that the terms and conditions of aftercare have been violated by committing an act subject to transfer proceedings pursuant to §26-11-3.1, a crime of violence pursuant to subdivision 22-1-2(9), sex offense pursuant to §22-24B-1, felony sexual registry offense pursuant to chapter 22-24B, or burglary in the second degree pursuant to §22-32-3; or that the juvenile presents a significant and likely risk of physical harm to another person and has committed a new law violation, the juvenile shall be returned to aftercare or released.The member of the board shall set the aftercare revocation hearing and shall give five days notice to the juvenile, to the juvenile's parents, guardian, or custodian, and to any other parties to the hearing.The juvenile and the juvenile's parents, guardian, or custodian, shall be given a written statement of the allegations against the juvenile.The juvenile shall have the opportunity to appear in person, present witnesses, or documentary evidence in the juvenile's behalf, and cross-examine witnesses unless the member of the board makes a written determination that doing so is not in the best interests of the juvenile.The juvenile may be represented by legal counsel at the hearing. Source: SL 1996, ch 172, §65; SL 2015, ch 152, §35, eff. Jan. 1, 2016; SL 2016, ch 146, §4, eff. Mar. 25, 2016.
SD Codified L § 26-11A-16 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-16 - Finding of violation or frustration of purpose--Continuance of aftercare.

26-11A-16. Finding of violation or frustration of purpose--Continuance of aftercare.If the member of the Board of Pardons and Paroles is satisfied that the terms and conditions of aftercare have been violated or that the purposes and objects of aftercare are not being served:(1)The juvenile's aftercare supervision may be revoked and the juvenile may be placed in a program or service authorized in §26-11A-9; or(2)The juvenile may be released to continue aftercare supervision with or without changing the terms and conditions of the juvenile's aftercare supervision.If the member of the board is not satisfied that the terms and conditions of aftercare have been violated or that the purposes and objects of aftercare are not being served the member of the board shall release the juvenile to continue aftercare supervision. Source: SL 1996, ch 172, §66.
SD Codified L § 26-11A-17 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-17 - Release of juvenile for continuance of aftercare.

26-11A-17. Release of juvenile for continuance of aftercare.The Department of Corrections may at any time release a juvenile held in temporary detention or shelter pursuant to §§26-11A-13 and 26-11A-14 or a juvenile returned to a Department of Corrections juvenile facility pursuant to §26-11A-16 to continue aftercare supervision. Source: SL 1996, ch 172, §67.
SD Codified L § 26-11A-18 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-18 - Form of hearings.

26-11A-18. Form of hearings.Hearings held pursuant to §§26-11A-14 to 26-11A-16, inclusive, may be held telephonically or by teleconference. Evidence may be transmitted via facsimile or other electronic document transfer. Source: SL 1996, ch 172, §68.
SD Codified L § 26-11A-19 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 11A - Juvenile Correctional Facilities And Programs|Section 26-11A-19 - Reimbursement of expenses--Procedure.

26-11A-19. Reimbursement of expenses--Procedure.The state shall reimburse the county of this state for expenses the county incurs for the detention of a juvenile pursuant to §§26-11A-13 and 26-11A-14. Upon receipt of the bill, the state shall make reimbursement within thirty days. No county may be reimbursed by the state for costs incurred from detaining a juvenile held for criminal charges unrelated to the juveniles current adjudication and commitment. The county shall be reimbursed by the state auditor upon vouchers approved by the secretary of corrections. Source: SL 1996, ch 172, §69.