reglab/housing_qa huggingface dataset:
SD Codified L § 26-8C-14 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08C - Delinquent Children|Section 26-8C-14 - Terms and conditions of probation--Duration--Written statement and explanation required--Review--Release--Modification.

26-8C-14. Terms and conditions of probation--Duration--Written statement and explanation required--Review--Release--Modification.The terms and conditions of probation of a delinquent child shall be specified by rules or orders of the court and by court services officers.The duration of juvenile probation shall be specified by order of the court but may not exceed six months unless:(1)The child is placed in the intensive juvenile probation program; or(2)The child's probation is extended as provided under this section.If the child is placed on intensive juvenile probation, the duration of probation upon order by the court may be up to twelve months.If the child is placed on juvenile probation, a court services officer may request two extensions up to six months each or one extension up to six months for intensive juvenile probation. The court may authorize the same in accordance with Unified Judicial System procedure if the extension is necessary for the child to engage in evidence-based treatment as required by the case plan. If evidence-based treatment is not available, an extension may be granted if the youth is engaged in alternative court-approved treatment that will not be completed before the previously ordered term of probation expires.The total duration of probation, including juvenile intensive probation and any extension may not exceed eighteen months unless the court provides written authorization to allow a child to complete evidence-based treatment that will not be completed before probation expires. Probation may not be extended solely to collect restitution. If probation is terminated with restitution owing, the Unified Judicial System procedure may govern the collection.Each child placed on probation shall be given a written statement of the terms and conditions of probation, and the probation extension policy. The terms and conditions, as well as the probation extension policy, shall be explained to the child.The court shall review the terms and conditions of probation and the progress of each child placed on probation at least once every six months. The court may release a child from probation or modify the terms and conditions of the child's probation at any time, but any child who has complied satisfactorily with the terms, conditions, and duration of probation shall be released from probation and the jurisdiction of the court terminated. If the duration of probation previously prescribed has expired, the court shall release the child from probation and terminate jurisdiction. Source: SDC 1939, §43.0328 as added by SL 1968, ch 164, §17; SL 1991, ch 217, §166B; SDCL §26-8-60; SL 2015, ch 152, §23, eff. Jan. 1, 2016; SL 2017, ch 118, §2.
SD Codified L § 26-8C-15 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08C - Delinquent Children|Section 26-8C-15 - Provisions for violation of terms and conditions of probation.

26-8C-15. Provisions for violation of terms and conditions of probation.The following provisions apply if the child is alleged to have violated the terms and conditions of probation and a formal allegation of a probation violation is filed:(1)The court shall set a hearing on the alleged violation and shall give five days' notice to the child, to the child's parents, guardian, or custodian, and to any other parties to the proceedings;(2)The child and the child's parents, guardian, or custodian shall be given a written statement concerning the alleged violation;(3)The child may be represented by legal counsel at the probation violation hearing and the child is entitled to the issuance of compulsory process for the attendance of witnesses;(4)If the court finds by a preponderance of the evidence that the child violated the terms and conditions of probation, the court may modify the terms and conditions of probation, revoke probation, or take other action as permitted by this chapter or chapter 26-7A which is in the best interests of the child and the public, except commitment to the Department of Corrections. The court may only commit a child to the Department of Corrections if the court finds that the violation committed constitutes a new law violation and finds that the aggravated circumstances as provided in subdivision 26-8C-7(10) exist;(5)For the purposes of this section, 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; and(6)If the court finds that the child did not violate the terms and conditions of probation as alleged, the court shall dismiss the proceedings and continue the child on probation under the terms, conditions, and duration previously prescribed. If the duration of probation previously prescribed has expired, the court shall release the child from probation and terminate jurisdiction. Source: SL 1991, ch 217, §166C; SL 2015, ch 152, §27, eff. Jan. 1, 2016.
SD Codified L § 26-8D-1 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08D - Juvenile Justice Public Safety Improvement|Section 26-8D-1 - Definitions.

26-8D-1. Definitions.Terms used in this chapter mean:(1)"Community response team" or "team," a support team tasked with finding viable community resources to help rehabilitate delinquent children and children in need of supervision in community-based settings who are at risk for commitment to the Department of Corrections;(2)"Juvenile cited violation," designated delinquency or children in need of supervision violation handled by law enforcement with the uniform traffic ticket pursuant to §23-1A-2;(3)"Juvenile Justice Oversight Council," the council established by §26-8D-7;(4)"Quality assured," monitored to determine the extent to which individuals delivering treatment to juveniles are administering that treatment consistently and as designed;(5)"Recidivism," for the Department of Corrections for the purposes of this chapter, within one year, two years, or three years of discharge from the custody of the Department of Corrections, a juvenile commitment or conviction in adult court for a felony resulting in a sentence to the Department of Corrections. For the Unified Judicial System for the purposes of this chapter, the term means being adjudicated delinquent while on probation or adjudicated delinquent or convicted of a felony in adult court within one year, two years, or three years after discharge from juvenile probation;(6)"Risk factors," characteristics and behaviors that, when addressed or changed, affect a child's risk for committing delinquent acts. The term includes prior and current offense history, antisocial behavior, antisocial personality, attitude and thinking about delinquent activity, family dysfunction, low levels of education or engagement in school, poor use of leisure time and recreation, and substance abuse;(7)"Specialized transition services," independent living; foster care; respite; crisis stabilization; short-term assessment; a residential setting intended to transition the juvenile from a residential treatment center, intensive residential treatment center, or more restrictive group care or juvenile corrections facility; or other transitional setting authorized by the secretary of the Department of Corrections;(8)"Treatment," when used in a juvenile justice context, targeted interventions that utilize evidence-based practices to focus on juvenile risk factors, to improve mental health, and to reduce the likelihood of delinquent behavior;(9)"Validated risk and needs assessment," a tool scientifically proven to identify factors for delinquency and predict a child's risk to reoffend. Source: SL 2015, ch 152, §1.
SD Codified L § 26-8D-2 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08D - Juvenile Justice Public Safety Improvement|Section 26-8D-2 - Fiscal incentive program for diversion opportunities--Requirements.

26-8D-2. Fiscal incentive program for diversion opportunities--Requirements.The Department of Corrections shall develop a fiscal incentive program to incentivize county use of diversion opportunities. Beginning on September 1, 2016, any application for funding from the fiscal incentive program shall be submitted to the Department of Corrections before September first each year by a county. The fiscal incentive program includes the following requirements:(1)An application shall include data on the number of children annually referred by the county to a diversion program, as well as the number of referred children that successfully completed a diversion program. In addition, each application shall provide specific data about the children the county referred to diversion, including the type of program or type of diversion referred to, the name and location of each diversion provider, and whether the child completed a diversion program;(2)The allotment of funds shall be based on the number of children referred by each county that complete a court-approved diversion program at a rate of two hundred fifty dollars per child. That amount shall be prorated if the number of children completing a diversion program statewide results in an amount that exceeds the allotted funds;(3)No county may receive any state funds provided by this section until its application has been received; and(4)Payments to counties shall be transferred on or about November first each year.The Department of Corrections shall report data collected from participating counties semiannually to the oversight council. Source: SL 2015, ch 152, §5.
SD Codified L § 26-8D-3 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08D - Juvenile Justice Public Safety Improvement|Section 26-8D-3 - Treatment for juvenile system involved youth.

26-8D-3. Treatment for juvenile system involved youth.The Department of Social Services may provide for and implement treatment for juvenile system involved youth. The Department of Social Services, in coordination with the Department of Corrections and Unified Judicial System, shall identify community-based treatment to be made available to juveniles with justice system involvement based on the needs of the youth. The Unified Judicial System and the Department of Corrections shall annually provide aggregated risk factor data to the Department of Social Services. Any treatment identified for implementation shall be quality assured and shown through research or documented evidence to reduce recidivism and other juvenile risk factors.In cooperation with the Department of Corrections and the Unified Judicial System, the Department of Social Services shall establish a juvenile treatment referral process incorporating a risk and needs assessment tool for use by the Unified Judicial System and Department of Corrections, and supplemental mental health and substance abuse screening tools.The Department of Corrections and Unified Judicial System shall use a validated risk and needs assessment, and either a mental health or substance abuse assessment, or both, if the risk and needs assessment indicates a mental health or substance abuse issue, to guide referrals to interventions identified under this section, consistent with the process established by the Department of Social Services. Source: SL 2015, ch 152, §6.
SD Codified L § 26-8D-4 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08D - Juvenile Justice Public Safety Improvement|Section 26-8D-4 - Collection and report of treatment program referral and completion data.

26-8D-4. Collection and report of treatment program referral and completion data.The Department of Social Services shall collect data, in the aggregate and by provider, on the number of juveniles referred to treatment, the number and percent of juveniles completing treatment and not completing treatment for juveniles receiving treatment paid for by the Department of Social Services pursuant to this chapter. The Department of Social Services shall report this information semiannually to the oversight council and regularly review the information, data, and other performance measures with the Unified Judicial System and Department of Corrections.The Department of Social Services shall provide the Unified Judicial System and Department of Corrections with treatment program referral and completion data in the aggregate, by provider, and on the individual level. Source: SL 2015, ch 152, §7, eff. Jan. 1, 2016.
SD Codified L § 26-8D-5 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08D - Juvenile Justice Public Safety Improvement|Section 26-8D-5 - Evaluation and recommendations to improve outcomes for Native American children in juvenile justice system.

26-8D-5. Evaluation and recommendations to improve outcomes for Native American children in juvenile justice system.The Department of Tribal Relations, in coordination with necessary state agencies, treatment providers, law enforcement, and stakeholders, shall evaluate and make recommendations to the oversight council to improve outcomes for Native American children in the juvenile justice system. Options for consideration may include sharing of treatment resources, information sharing about children under probation supervision, and joint supervision. Source: SL 2015, ch 152, §8.
SD Codified L § 26-8D-6 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08D - Juvenile Justice Public Safety Improvement|Section 26-8D-6 - Report of evaluation and recommendations.

26-8D-6. Report of evaluation and recommendations.The Department of Tribal Relations shall report to the oversight council by December 31, 2016, the progress of the evaluation required by §26-8D-5. The Department of Tribal Relations shall submit its final recommendations to the oversight council, the Governor, the Chief Justice, and the Legislature by July 1, 2017. Source: SL 2015, ch 152, §9.
SD Codified L § 26-8D-7 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08D - Juvenile Justice Public Safety Improvement|Section 26-8D-7 - Juvenile Justice Oversight Council established.

26-8D-7. Juvenile Justice Oversight Council established.There is hereby established a Juvenile Justice Oversight Council responsible for monitoring and reporting performance and outcome measures related to the provisions set forth in this chapter. Source: SL 2015, ch 152, §11.
SD Codified L § 26-8D-8 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08D - Juvenile Justice Public Safety Improvement|Section 26-8D-8 - Council members.

26-8D-8. Council members.The oversight council shall consist of the following twenty members:(1)The Governor shall appoint the following seven members:(a)A representative from the Department of Corrections;(b)A representative from the Department of Social Services;(c)A representative who is a state's attorney;(d)A representative from a youth care provider; (e)A representative from the Department of Tribal Relations;(f)Two at large members;(2)The Chief Justice shall appoint the following six members:(a)A representative who is a criminal defense attorney;(b)A representative who is a judge; and(c)Four at large members;(3)The majority leader of the Senate shall appoint the following three members:(a)Two legislative members of the Senate, one from each political party; and(b)One at large member;(4)The majority leader of the House of Representatives shall appoint the following three members:(a)Two legislative members of the House of Representatives, one from each political party; and(b)One member who is a county commissioner; and(5)The attorney general shall appoint one member.The oversight council shall select a chair and a vice chair. Source: SL 2015, ch 152, §12; SL 2016, ch 146, §3, eff. Mar. 25, 2016.
SD Codified L § 26-8D-9 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08D - Juvenile Justice Public Safety Improvement|Section 26-8D-9 - Council meetings--Tasks.

26-8D-9. Council meetings--Tasks.The oversight council shall meet within ninety days following appointment and shall meet semiannually thereafter. The oversight council terminates eight years after its first meeting, unless the Legislature continues the oversight council for a specified period of time. The oversight council may:(1)Review the recommendations of the juvenile justice reinvestment initiative work group in the final report dated November 2014, track implementation, and evaluate compliance with this chapter;(2)Review performance measures and outcome measures required by this chapter and proposed by the Department of Corrections, Unified Judicial System, and Department of Social Services;(3)Review performance measures and outcome measures submitted semiannually by the Department of Corrections, Unified Judicial System, and Department of Social Services pursuant to §§26-8D-4, 26-8D-12, 26-8D-15, 26-8D-16, 26-8D-19, and 26-8D-20;(4)Review efforts by the Department of Social Services to ensure delivery of treatment in rural areas and related performance measures;(5)Track progress and make recommendations to improve outcomes for Native American children in the juvenile justice system in accordance with §§26-8D-5 and 26-8D-6;(6)Review the payments of the diversion incentive program to counties, pursuant to §26-8D-2, payments from the juvenile justice detention cost-sharing fund pursuant to §26-8D-24, and performance-based reimbursement payments to group care and residential treatment centers pursuant to §§26-8D-17 and 26-8D-18; and(7)Prepare and submit an annual summary report of the performance and outcome measures that are part of this chapter to the Legislature, Governor, and Chief Justice. The report shall include any recommendations for improvement related to chapter 152 of the 2015 Session Laws. Source: SL 2015, ch 152, §13; SL 2020, ch 109, § 1.
SD Codified L § 26-8D-10 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08D - Juvenile Justice Public Safety Improvement|Section 26-8D-10 - Community response teams--Confidentiality of records.

26-8D-10. Community response teams--Confidentiality of records.The presiding judge of each judicial circuit may appoint one or more community response teams to assist judges by recommending viable community-based interventions for children in need of supervision and delinquent children. Each team appointed shall include the court services officer in the jurisdiction where the team is to operate, and designees of the secretaries of the Departments of Social Services and Corrections. Each team may include a representative of a public school district in which the team is to operate and one or more representatives of the public. The Unified Judicial System shall maintain a record of the membership of each team and report nonidentifying data to the oversight council. The team may operate telephonically or through electronic communications.The records prepared or maintained by the team are confidential. However, the records may be inspected by, or disclosed to, justices, judges, magistrates, and employees of the Unified Judicial System in the course of their duties, the attorney for the child and child's parents, guardian, or other custodian, the state's attorney prosecuting the case, and to any person specifically authorized by order of the court. The record of the team may only be released to a third party upon good cause shown to the satisfaction of the court that the release is necessary and the information contained in the record is not available elsewhere. Source: SL 2015, ch 152, §14, eff. Jan. 1, 2016.
SD Codified L § 26-8D-11 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08D - Juvenile Justice Public Safety Improvement|Section 26-8D-11 - Promulgation of rules regarding community response teams.

26-8D-11. Promulgation of rules regarding community response teams.The Supreme Court may establish rules, pursuant to §16-3-1, regarding formation of a community response team and the procedures to be followed by the team. Source: SL 2015, ch 152, §15, eff. Jan. 1, 2016.
SD Codified L § 26-8D-12 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08D - Juvenile Justice Public Safety Improvement|Section 26-8D-12 - Report of nonidentifying aggregate data for jurisdictions where community response team established.

26-8D-12. Report of nonidentifying aggregate data for jurisdictions where community response team established.The Unified Judicial System shall provide semiannually to the oversight council the following nonidentifying aggregate data for any jurisdiction where a community response team has been established:(1)Number of referrals to the team by each judicial circuit;(2)The number and percent of referrals by each judicial circuit where the team recommendation is provided;(3)The number and percent of cases where the team located a community based alternative;(4)The recommendation of the team for each case; and(5)The disposition of the court. Source: SL 2015, ch 152, §18, eff. Jan. 1, 2016.
SD Codified L § 26-8D-13 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08D - Juvenile Justice Public Safety Improvement|Section 26-8D-13 - Recipients of community services--Liability.

26-8D-13. Recipients of community services--Liability.Any child required to participate in a community service program is not an agent or employee of the recipients of these services. Any recipient of community service, described in §§26-8C-7 and 26-8B-6, does not have to provide the child with reemployment assistance insurance pursuant to title 61 nor with workers' compensation insurance pursuant to title 62. Each recipient and the recipient's officers, agents, and employees are immune from any cause of action for civil damages brought by the child, parents, guardians, or any third party if the cause of action arises from any act of commission or omission by the recipient or any of its officers, agents, or employees or any act of commission or omission by the child and the acts arise out of or are in connection with a community service program, except if the cause of action is the result of gross negligence or willful and wanton misconduct of the recipient or its officers, agents, or employees and except to the extent that the recipient has purchased liability insurance. Nothing in this section relieves any individual child from responsibility for the child's individual acts. Source: SL 2015, ch 152, §21; SL 2019, ch 216, §33.
SD Codified L § 26-8D-14 (2021)
2021 South Dakota Codified Laws|Title 26 - Minors|Chapter 08D - Juvenile Justice Public Safety Improvement|Section 26-8D-14 - Findings of fact and conclusions of law justifying need for extended detention.

26-8D-14. Findings of fact and conclusions of law justifying need for extended detention.If a judge orders more than fourteen days of detention in a thirty-day period pursuant to §26-8C-7 or 26-8B-6, the court shall enter findings of fact and conclusions of law to include in the dispositional decree justifying the need for extended detention. Source: SL 2015, ch 152, §22.