reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-17 - Disposition of recovery on bond.

26-9-17. Disposition of recovery on bond.
Any money collected or paid upon any execution issued pursuant to §26-9-16 or in any case upon such bond shall be turned over to the clerk of the court, to be applied first to the payment of all court costs and then to the care or maintenance of the child or children for whose dependency such conviction was had, in such manner and upon such terms as the court may direct. If any such money so collected be unnecessary for the purposes last mentioned, it shall be turned over within one year to the treasurer of the county.
Source:
SDC 1939, §43.0404.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 10 - Offenses By And Against Minors › Section 26-10-1 - Abuse of or cruelty to minor as felony--Reasonable force as defense--Limitation of action.

26-10-1. Abuse of or cruelty to minor as felony--Reasonable force as defense--Limitation of action.
Any person who abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner which does not constitute aggravated assault, is guilty of a Class 4 felony. If the victim is less than seven years of age, the person is guilty of a Class 3 felony. The use of reasonable force, as provided in §22-18-5, is a defense to an offense under this section. Notwithstanding §23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five.
If any person convicted of this offense is the minor's parent, guardian, or custodian, the court shall include as part of the sentence, or conditions required as part of suspended execution or imposition of such sentence, that the person receive instruction on parenting approved or provided by the Department of Social Services.
Source:
SDC 1939, §§13.3301, 13.3303; SDCL §26-10-5; SL 1969, ch 32; SL 1975, ch 179, §1; SL 1977, ch 189, §96; SL 1983, ch 211, §2; SL 1998, ch 162, §3; SL 2001, ch 145, §1; SL 2008, ch 140, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 10 - Offenses By And Against Minors › Section 26-10-2.1 - Professional boxing by minors prohibited.

26-10-2.1. Professional boxing by minors prohibited.
No person under the age of eighteen years shall box professionally in the State of South Dakota.
Source:
SL 1978, ch 301, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 10 - Offenses By And Against Minors › Section 26-10-19 - Tattooing minor without parental consent as misdemeanor.

26-10-19. Tattooing minor without parental consent as misdemeanor.
No minor may be tattooed unless the minor's parents have signed a consent form authorizing the tattoo. Any person who tattoos a minor without parental consent is guilty of a Class 2 misdemeanor. The term "tattoo" means to make permanent marks or designs on the skin by puncturing it and inserting indelible colors.
Source:
SL 1985, ch 216, §§1, 2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 10 - Offenses By And Against Minors › Section 26-10-25 - Time for commencing civil action for damages resulting from childhood sexual abuse.

26-10-25. Time for commencing civil action for damages resulting from childhood sexual abuse.
Any civil action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse shall be commenced within three years of the act alleged to have caused the injury or condition, or three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by the act, whichever period expires later. However, no person who has reached the age of forty years may recover damages from any person or entity other than the person who perpetrated the actual act of sexual abuse.
Source:
SL 1991, ch 219, §1; SL 2010, ch 141, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 10 - Offenses By And Against Minors › Section 26-10-26 - Date of discovery in child sexual abuse action.

26-10-26. Date of discovery in child sexual abuse action.
The victim need not establish which act in a series of continuing sexual abuse or exploitation incidents caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common course of conduct of sexual abuse or exploitation.
Source:
SL 1991, ch 219, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 10 - Offenses By And Against Minors › Section 26-10-27 - Knowledge of parent or guardian.

26-10-27. Knowledge of parent or guardian.
The knowledge of a custodial parent or guardian may not be imputed to a person under the age of eighteen years for the purposes of §§26-10-25 to 26-10-29, inclusive.
Source:
SL 1991, ch 219, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 10 - Offenses By And Against Minors › Section 26-10-28 - "Child" defined.

26-10-28."Child" defined.
For the purposes of §§26-10-25 to 26-10-29, inclusive, a child is any person under the age of eighteen years.
Source:
SL 1991, ch 219, §4.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 10 - Offenses By And Against Minors › Section 26-10-29 - "Childhood sexual abuse" defined.

26-10-29."Childhood sexual abuse" defined.
As used in §§26-10-25 to 26-10-29, inclusive, childhood sexual abuse is any act committed by the defendant against the complainant who was less than eighteen years of age at the time of the act and which act would have been a violation of chapter 22-22 or prior laws of similar effect at the time the act was committed which act would have constituted a felony.
Source:
SL 1991, ch 219, §5.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 10 - Offenses By And Against Minors › Section 26-10-30 - Permitting physical or sexual abuse of child as felony--Affirmative defense.

26-10-30. Permitting physical or sexual abuse of child as felony--Affirmative defense.
It is a Class 6 felony for any parent, guardian, or custodian to knowingly permit physical or sexual abuse of a child.
It is an affirmative defense, to be proven by clear and convincing evidence, to prosecution under this section if, at the time of the offense, there was a reasonable belief that acting to stop or to prevent the abuse would result in substantial bodily harm to the defendant or the child in retaliation.
Source:
SL 2006, ch 146, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 10 - Offenses By And Against Minors › Section 26-10-31 - Causing child to be present where methamphetamines used, distributed, or manufactured as misdemeanor.

26-10-31. Causing child to be present where methamphetamines used, distributed, or manufactured as misdemeanor.
It is a Class 1 misdemeanor for any person to knowingly cause a child to be present where any person is using, distributing, or manufacturing methamphetamines.
Source:
SL 2006, ch 146, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 10 - Offenses By And Against Minors › Section 26-10-32 - Branding of a minor prohibited--Violation as misdemeanor or felony.

26-10-32. Branding of a minor prohibited--Violation as misdemeanor or felony.
No person may brand a minor. For the purposes of this section, the term, brand, means to make a permanent mark on a person's skin through the use of heat, cold, or a chemical compound, or to cut, tear, or abrade the skin for the purpose of creating a permanent mark or design. It is not a violation of this section to tattoo a minor in compliance with the provisions of §26-10-19. It is not a violation of this section to pierce any part of a minor's body for the purpose of jewelry or adornment with consent. A violation of this section is a Class 1 misdemeanor. However, any second or subsequent violation of this section is a Class 6 felony.
Source:
SL 2008, ch 141, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 10 - Offenses By And Against Minors › Section 26-10-33 - Juvenile sexting prohibited--Violation as misdemeanor.

26-10-33. Juvenile sexting prohibited--Violation as misdemeanor.
No minor, as defined in subdivision 26-7A-1(21), may intentionally create, produce, distribute, present, transmit, post, exchange, disseminate, or possess, through any computer or digital media, any photograph or digitized image or any visual depiction of a minor in any condition of nudity, as defined in subdivision 22-24A-2(9), or involved in any prohibited sexual act, as defined in subdivision 22-24A-2(16). Any violation of this section constitutes the offense of juvenile sexting, which is a Class 1 misdemeanor.
Source:
SL 2012, ch 148, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 10 - Offenses By And Against Minors › Section 26-10-34 - Defenses to juvenile sexting.

26-10-34. Defenses to juvenile sexting.
It is an affirmative defense to the offense of juvenile sexting that the minor has not solicited the visual depiction, that the minor does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction, and that the minor deletes or destroys the visual depiction within a reasonable time after receipt. It is an affirmative defense to the offense of juvenile sexting that the visual depiction is of a single minor, created by that minor, who does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction.
Source:
SL 2012, ch 148, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 10 - Offenses By And Against Minors › Section 26-10-35 - Depiction of person charged not a defense to juvenile sexting.

26-10-35. Depiction of person charged not a defense to juvenile sexting.
It is not a defense to the offense of juvenile sexting that the visual depiction is of the person charged.
Source:
SL 2012, ch 148, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11 - Criminal Proceedings Against Minors › Section 26-11-1 - Proceedings on offense for which child not subject to delinquency proceedings--Prosecution as adult--Detention in adult jail or lockup.

26-11-1. Proceedings on offense for which child not subject to delinquency proceedings--Prosecution as adult--Detention in adult jail or lockup.
If any child under the age of eighteen years is arrested, with or without a warrant, for a violation of any law or municipal ordinance for which the child is not subject to proceedings as a child in need of supervision as defined in §26-8B-2 or a delinquent child as defined in 26-8C-2 or for a violation of subdivision 34-46-2(2), the child shall be brought before the judge of a court having jurisdiction over the offense and proceedings shall be conducted as though the child were eighteen years of age or older.
A child under the age of eighteen years, subject to proceedings pursuant to this section and accused of a Class 2 misdemeanor, may be held in or sentenced to a detention or temporary care facility for up to seven days if sight and sound separated from adult prisoners. No child may be held in or sentenced to a detention facility for a violation of subdivision 34-46-2(2).
A child under the age of eighteen years, subject to proceedings pursuant to this section and accused of a Class 1 misdemeanor, may be held in or sentenced to a detention or temporary care facility for up to thirty days if sight and sound separated from adult prisoners.
Source:
SDC 1939, §43.0318 as added by SL 1961, ch 214, §1; SL 1973, ch 169, §2; SL 1991, ch 217, §173; SL 1996, ch 179, §3; SL 1997, ch 158, §5; SL 1998, ch 215, §4; SL 2003, ch 149, §8.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11 - Criminal Proceedings Against Minors › Section 26-11-1.1 - Strip-search for curfew violation prohibited.

26-11-1.1. Strip-search for curfew violation prohibited.
No person under the age of eighteen detained solely for a curfew violation may be strip-searched.
Source:
SL 2000, ch 125, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11 - Criminal Proceedings Against Minors › Section 26-11-2 - Child arrested for other offenses taken before circuit court--Transfer by magistrate to circuit court--Disposition as if on delinquency petition.

26-11-2. Child arrested for other offenses taken before circuit court--Transfer by magistrate to circuit court--Disposition as if on delinquency petition.
If the arrest is for an offense for which the child is subject to proceedings as a delinquent child as defined in §26-8C-2, the child shall be taken directly before the circuit court. If the child is taken before a magistrate upon a complaint sworn out in that court or for any other reason, the magistrate shall transfer the case to the circuit court and the officer in charge of the child shall take the child before the circuit court. The circuit court may proceed to hear and dispose of the case as if the petition had originally been filed in that court as provided in chapter 26-8C.
Source:
SDC 1939, §43.0318; SL 1961, ch 214, §1; SL 1991, ch 217, §174.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 a state correctional facility 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 state correctional facility.
Source: SL 1996, ch 172, §56; SL 2023, ch 82, §95.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-20 - Grounds for discharge of juvenile--Department's jurisdiction ends at age twenty-one.

26-11A-20. Grounds for discharge of juvenile--Department's jurisdiction ends at age twenty-one.
The secretary of corrections may discharge a juvenile from the Department of Corrections upon the following:
(1)As a reward for good conduct and upon satisfactory evidence of reformation;
(2)As a result of a conviction for a new crime as an adult, if the juvenile is placed on adult probation or sentenced to the county jail or a state correctional facility;
(3)If the juvenile, upon reaching the age of majority, lives outside the jurisdiction of the State of South Dakota and the interstate compact on juveniles is not available due to the juvenile's age or circumstances; or
(4)If the juvenile is on aftercare and has a suitable placement, and a discharge is determined to be in the best interests of the juvenile.
No adjudicated juvenile may remain within the jurisdiction of the Department of Corrections beyond the age of twenty-one years. The discharge of a juvenile from the Department of Corrections constitutes a complete release from all penalties, excluding unpaid fines, fees, or restitution.
Source: SL 1996, ch 172, §73; SL 2007, ch 163, §6; SL 2023, ch 82, §96.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-20.1 - Risk and needs evaluation required for juvenile who is not discharged by age nineteen.

26-11A-20.1. Risk and needs evaluation required for juvenile who is not discharged by age nineteen.
A risk and needs evaluation shall be conducted for any juvenile under the jurisdiction of the department who reaches the age of nineteen years who has not been discharged pursuant to §26-11A-20. The evaluation shall focus on the amount of progress made while under the jurisdiction of the department, the ongoing needs of the juvenile, and what risks the juvenile would present to the community or self if discharged at that point. Additionally, the evaluation shall identify recommendations regarding treatment and transition services that will prepare the juvenile for discharge from the jurisdiction of the department. The secretary shall initiate any actions necessary, including referral or civil commitment to service systems for the mentally ill or developmentally disabled, to ensure the treatment needs of the juvenile and the safety interests of the public are best served.
Source:
SL 2007, ch 163, §7.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-21 - Restoration of juvenile to custody of parent or guardian--Appointment of new guardian.

26-11A-21. Restoration of juvenile to custody of parent or guardian--Appointment of new guardian.
Upon discharge of a juvenile from the Department of Corrections, the child shall be restored to the custody of either or both of the juvenile's parents or restored to the guardian at the time of disposition. The Department of Corrections may, upon a proper showing, apply to the court for the appointment of a new guardian at the time of discharge from the department.
Source:
SL 1996, ch 172, §74.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-22 - Committing court to receive notice of intent to discharge juvenile--State's attorney to notify any involved victim.

26-11A-22. Committing court to receive notice of intent to discharge juvenile--State's attorney to notify any involved victim.
Fifteen days before conditionally releasing a juvenile to an aftercare supervision program or discharging a juvenile from the Department of Corrections, the secretary of corrections shall send notice of intent to conditionally release or discharge the juvenile to the committing court and to the prosecuting state's attorney. The state's attorney shall then notify any victim of a crime of violence who was involved in the adjudication of the juvenile of the intended discharge of the child. The notice shall be mailed to the last known mailing address of the victim.
Source:
SL 1996, ch 172, §75.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-23 - Use of restraints prohibited--Exceptions--"Restraints" defined.

26-11A-23. Use of restraints prohibited--Exceptions--"Restraints" defined.
No agent or employee of the Department of Corrections may use or employ restraints upon a juvenile committed to the Department of Corrections except:
(1)To prevent imminent bodily harm;
(2)As a precaution against escape or to prevent an escape;
(3)To prevent imminent property damages; or
(4)When reasonable under emergency circumstances.
For purposes of this section, restraints are handcuffs, legcuffs, restraint belts, and tethers made of fabric, metal, plastic, or leather; restraint boards, restraint chairs, swaddle beds, and mechanisms to secure cuffs to a bed, restraint board, or chair.
Source:
SL 2000, ch 127, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-24 - Definition of terms.

26-11A-24. Definition of terms.
Terms used in this chapter mean:
(1)"Abuse," any act or failure to act by an employee of a juvenile corrections facility or by a contract person or entity providing services to a juvenile corrections facility, which act was performed or was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury or death to an individual in the custody or care of a juvenile corrections facility;
(2)"Monitor," the person or entity designated by the Governor to protect the legal rights of individuals in the custody or care of juvenile corrections facilities;
(3)"Juvenile corrections facility," all juvenile correctional facilities established and maintained in accordance with §26-11A-1;
(4)"Individual in the custody or care of a juvenile corrections facility," an individual who:
(a)Is in the process of being admitted to a juvenile corrections facility, including an individual who is being transported to such a facility; or
(b)Is involuntarily confined in a juvenile corrections facility;
(5)"Neglect," a negligent act or omission by any individual responsible for providing custody, care, or services in a juvenile corrections facility which caused or may have caused injury or death to an individual in the care or custody of a juvenile corrections facility or which placed such individual at undue risk of injury or death;
(6)"Records," reports prepared or received by any staff of a juvenile corrections facility, or reports prepared by an entity or staff person charged with investigating reports of incidents of abuse or neglect, injury or death occurring at such facility that describes incidents of abuse, neglect, injury, or death occurring at such facility and the steps taken to investigate such incident.
Source:
SL 2000, ch 128, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-25 - Monitor within juvenile corrections system--Primary duty.

26-11A-25. Monitor within juvenile corrections system--Primary duty.
The Governor may designate a person or entity to serve as the monitor and whose primary responsibility is to protect the rights of persons in the custody or care of juvenile corrections facilities. The person or entity shall be independent of the Department of Corrections and shall be administered by the Department of Human Services, office of the secretary.
Source:
SL 2000, ch 128, §2; SL 2017, ch 119, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-26 - Allegations of abuse within juvenile corrections facilities to be reported to monitor.

26-11A-26. Allegations of abuse within juvenile corrections facilities to be reported to monitor.
Any allegation of abuse and neglect of individuals within the juvenile corrections facilities received by the Office of the Governor, the Department of Corrections, or other agencies of the executive branch shall be promptly reported in writing to the monitor.
Source:
SL 2000, ch 128, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-27 - Powers and duties of monitor.

26-11A-27. Powers and duties of monitor.
The monitor created in §26-11A-25 shall:
(1)Investigate incidents of abuse or neglect of such individuals within the juvenile corrections facilities, if the incidents are reported to the monitor or if there is reasonable suspicion to believe that the incidents occurred;
(2)Access any individual in the custody or care of juvenile corrections facilities and any employee in the employ of the State of South Dakota or any of its political subdivisions;
(3)Access any records of or relating to any individual in the custody or care of juvenile facilities;
(4)Provide a semi-annual report to the Governor, the Legislature, the Corrections Commission established by §1-15-1.13, the secretary of the Department of Human Services, and the secretary of the Department of Corrections. The report shall contain the activities of the monitor for the six-month period immediately prior to the report. Activities shall reflect the number of referrals to the monitor, the number of investigations completed, a brief description of any investigation that resulted in a finding of abuse or neglect, and a summary of other activities performed by the monitor;
(5)Provide training and assistance to employees of the Department of Corrections in areas within the scope of the monitor's position;
(6)Review Department of Corrections' policies dealing with juvenile's rights to ensure compliance with federal and state laws, rules, and policy;
(7)Provide reasonable notification of the existence and role of the monitor to all individuals in the custody or care of a juvenile corrections facility and the custodial parent or guardian;
(8)Submit a confidential addendum to each semiannual report to the Government Operations and Audit committee created in §2-6-2, the Governor, the secretary of the Department of Human Services, and the secretary of the Department of Corrections. This addendum shall contain a description of each case investigated, the specific findings and recommendations of the juvenile corrections monitor, and the Department of Corrections' response to the recommendations.
Source:
SL 2000, ch 128, §4; SL 2002, ch 133, §1; SL 2007, ch 168, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-27.1 - Certification that report of activities of monitor does not disclose juvenile's or other person's identity.

26-11A-27.1. Certification that report of activities of monitor does not disclose juvenile's or other person's identity.
Prior to the release of the semi-annual report of the monitor as provided for in subdivision 26-11A-27(4), the attorney general shall certify that that report does not disclose the identity of any juvenile or other person in violation of the provisions of §26-11A-30 or 26-11A-33. Upon such certification, the monitor's semi-annual report is deemed an open record.
Source:
SL 2007, ch 168, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 11A - Juvenile Correctional Facilities And Programs › Section 26-11A-28 - Monitor to report findings of abuse or neglect.

26-11A-28. Monitor to report findings of abuse or neglect.
It shall be the responsibility of the monitor to report immediately, in writing, any findings of abuse or neglect in a juvenile corrections facility to the secretary of the Department of Corrections, the Government Operations and Audit Committee created in §2-6-2, and the Governor, and to state in the report the facts found by the monitor and the names of any individuals who perpetrated the abuse or neglect.
Source:
SL 2000, ch 128, §5.