reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08D - Juvenile Justice--Public Safety Improvement › Section 26-8D-8 - Council--Purpose--Members.

26-8D-8. Council--Purpose--Members.
The Juvenile Justice Oversight Council is created for the purpose of providing an independent review of the state juvenile justice system and providing recommendations to the Legislature, Governor, and Chief Justice. The oversight council consists of the following nineteen members:
(1)The Governor shall appoint the following six members:
(a)A representative from the Department of Corrections;
(b)A representative from the Department of Social Services;
(c)A representative from a youth care provider;
(d)A representative from the Department of Tribal Relations;
(e)A member of law enforcement; and
(f)One at-large member;
(2)The Chief Justice shall appoint the following six members:
(a)A juvenile justice defense attorney;
(b)Two circuit court judges;
(c)A juvenile court services officer;
(d)A representative from the State Court Administrator's Office; and
(e)One at-large member;
(3)The president pro-tempore of the Senate shall appoint the following two Senators:
(a)A member of the Senate Judiciary Committee; and
(b)One other member of the Senate;
(4)The speaker of the House of Representatives shall appoint the following two Representatives:
(a)A member of the House Judiciary Committee; and
(b)One other member of the House of Representatives;
(5)The South Dakota Superintendent's Association shall appoint one representative from a large school district and one representative from a small school district; and
(6)The attorney general shall appoint one state's attorney.
The oversight council shall select a chair and a vice chair every two years. Appointed members shall serve two-year terms and may be reappointed.
Source: SL 2015, ch 152, §12; SL 2016, ch 146, §3, eff. Mar. 25, 2016; SL 2023, ch 88, §2.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08D - Juvenile Justice--Public Safety Improvement › Section 26-8D-9 - Council--Sunset--Meetings--Tasks.

26-8D-9. Council--Sunset--Meetings--Tasks.
The oversight council terminates on June 30, 2031, unless the Legislature continues the oversight council for a specified period of time. The oversight council shall meet semi-annually or at the call of its chair or at the request of a majority of its members. The oversight council may:
(1)Review the juvenile justice system for changes that improve public safety, reduce recidivism, hold youth accountable, provide better outcomes for children and families, and control juvenile justice costs;
(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, and recommend any additional measures needed to identify outcomes in the juvenile justice system;
(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, and statewide availability of evidence-based programs and practices involving cognitive behavioral health and family therapy programs for justice-involved youth;
(5)Assess implementation and infrastructure to support the sustainability and fidelity of evidence-based juvenile justice programs, including resources for staffing;
(6)Track progress and make recommendations to improve outcomes for Native American children in the juvenile justice system;
(7)Review the payments of the diversion incentive program to counties, pursuant to §26-8D-2, and performance-based reimbursement payments to group care and residential treatment centers pursuant to §§26-8D-17 and 26-8D-18;
(8)Review training related to juvenile justice for educators, law enforcement, probation, attorneys, corrections, program providers, and judges;
(9)Review proven truancy and diversion models and best practices and make recommendations for statewide implementation; and
(10)Prepare and submit an annual summary report of the performance and outcome measures that are part of this chapter and any recommendations for improvements related to juvenile justice to the Legislature, Governor, and Chief Justice.
Source: SL 2015, ch 152, §13; SL 2020, ch 109, §1; SL 2023, ch 88, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08D - Juvenile Justice--Public Safety Improvement › Section 26-8D-10 - Community response teams--Purpose--Members--Confidentiality of records.

26-8D-10. Community response teams--Purpose--Members--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 alleged to be delinquent and children alleged to be in need of supervision. Each team appointed must include the court services officer in the jurisdiction where the team is to operate, a representative of a public school district in which the team is to operate, and designees of the secretaries of the Departments of Social Services and Corrections. Each team may include 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; SL 2023, ch 87, §2.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08D - Juvenile Justice--Public Safety Improvement › Section 26-8D-15 - Unified Judicial System semiannual report to oversight council--Contents.

26-8D-15. Unified Judicial System semiannual report to oversight council--Contents.
The Unified Judicial System shall report semiannually to the oversight council:
(1)The number of juvenile probation admissions;
(2)The number of juveniles for whom a request for extension is made;
(3)The number and percent of juveniles for whom extensions are granted;
(4)The number of requests for extension;
(5)The number and percent of requests granted;
(6)The reason for discharge and length of probation for juveniles discharged from supervision; and
(7)The recidivism rate.
The Unified Judicial System shall report semiannually to the oversight council the number of children placed in a detention facility pursuant to subdivisions 26-8C-7(5) and 26-8B-6(3) and the duration of each detention stay. The Unified Judicial System shall report semiannually to the oversight council the number of children eligible for informal adjustment and informal action pursuant to §26-7A-11.1, and the number and percent of children for whom good cause is found for the state's attorney to proceed on a petition if the child is otherwise eligible for informal adjustment and informal action pursuant to §26-7A-11.1. The Unified Judicial System shall report semiannually to the oversight council the number of children summoned to court on a juvenile cited violation pursuant to §26-7A-126, the number of children summoned to court on a juvenile cited violation referred for informal adjustment and informal action pursuant to §26-7A-127, and the number petitioned under §26-7A-127.
Source:
SL 2015, ch 152, §24, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08D - Juvenile Justice--Public Safety Improvement › Section 26-8D-16 - Unified Judicial System semiannual report to oversight council on probation.

26-8D-16. Unified Judicial System semiannual report to oversight council on probation.
The Unified Judicial System shall report semiannually to the oversight council the number and percent of juvenile probationers who received a graduated response, the number and percent of juvenile probationers receiving a formal allegation of a probation violation, the number and percent of juveniles whose probation is revoked, and the action taken as a result of the revocation.
Source:
SL 2015, ch 152, §26, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08D - Juvenile Justice--Public Safety Improvement › Section 26-8D-17 - Placement in group care facility--Performance-based reimbursement--Juvenile corrections facilities to operate programs to achieve treatment goals and release to aftercare.

26-8D-17. Placement in group care facility--Performance-based reimbursement--Juvenile corrections facilities to operate programs to achieve treatment goals and release to aftercare.
The Department of Corrections, pursuant to the provisions of chapter 26-11A and §26-8C-7 or 26-8B-6, may place a child in a group care center operated and maintained by a nonstate entity only in accordance with a performance-based reimbursement rate structure as provided in the provider contract and as provided by this section.
If a provider is able to substantially accomplish the treatment goals and release a child from group care within the performance expectation period, a performance-based reimbursement payment shall be included in the payment allocation. The maximum performance-based reimbursement payment shall be allocated when a provider is able to substantially accomplish the treatment goals and release a child within three months. A diminished performance-based reimbursement payment shall be allocated when a provider is able to substantially accomplish the treatment goals and release a child in more than three months but less than four months. The performance-based reimbursement payment is in addition to the provider reimbursement rate as established by the Department of Social Services.
The Department of Corrections shall determine the need for placement in a group care facility upon admission and review the placement monthly thereafter. Upon finding that the child is no longer in need of placement, the child shall be released to aftercare pursuant to §26-11A-12. If the child cannot be released to aftercare at no fault of the provider, a performance-based reimbursement payment shall be added to the payment allocation as long as the provider otherwise qualifies for that payment.
If a provider terminates a child prior to substantial completion of the treatment goals and the Department of Corrections transfers the child to another facility, the transferring provider does not qualify for a performance-based payment under this section for that child.
Juvenile corrections facilities maintained and operated by the Department of Corrections shall design and operate programs to achieve substantial accomplishment of treatment goals and the release to aftercare within three months.
Specialized transition services are exempt from the performance-based reimbursement rate structure.
After January 1, 2019, the Department of Corrections may promulgate rules, pursuant to chapter 1-26, to continue or create additional or alternative performance-based reimbursement period timeframes.
Source:
SL 2015, ch 152, §32, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08D - Juvenile Justice--Public Safety Improvement › Section 26-8D-18 - Placement in residential treatment center or intensive residential treatment center--Performance-based reimbursement.

26-8D-18. Placement in residential treatment center or intensive residential treatment center--Performance-based reimbursement.
The Department of Corrections, pursuant to the provisions of chapter 26-11A and §26-8C-7 or 26-8B-6, may place a child in a residential treatment center or intensive residential treatment center only in accordance with a performance-based reimbursement rate structure as provided in the provider contract and provided by this section.
If a provider is able to substantially accomplish the treatment goals and release a child from residential or intensive residential treatment within the performance expectation period, a performance-based reimbursement payment shall be added to the payment allocation. For those providers that substantially meet the treatment goals and release within three months, a maximum performance-based reimbursement payment shall be added to the payment allocation. For those providers that substantially meet the treatment goals and release within five, seven, or nine months, a diminished performance-based reimbursement payment, which decreases as length of stay increases, shall be added to the payment allocation.
The provider contracts shall provide how the Department of Corrections may use state general fund dollars in the performance expectation allocation. The performance-based reimbursement payment is in addition to the provider reimbursement rate as established by the Department of Social Services.
The Department of Corrections shall evaluate monthly the need for continued placement in a residential treatment center or intensive residential treatment center. Upon a finding that the child is no longer in need of placement, the child shall be released to aftercare pursuant to §26-11A-12 or specialized transition services. If the child cannot be released to aftercare at no fault of the provider, a performance-based reimbursement payment shall be added to the payment allocation as long as the provider otherwise qualifies for that payment.
If a provider terminates a child prior to substantial completion of the treatment goals and the Department of Corrections transfers the child to another facility, the transferring provider does not qualify for additional performance-based reimbursement payment under this section for that child.
After January 1, 2019, the Department of Corrections may promulgate rules, pursuant to chapter 1-26, to continue or create additional or alternative performance-based reimbursement period timeframes.
Source:
SL 2015, ch 152, §33, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08D - Juvenile Justice--Public Safety Improvement › Section 26-8D-19 - Department of Corrections semiannual report to oversight council--Contents.

26-8D-19. Department of Corrections semiannual report to oversight council--Contents.
The Department of Corrections shall report semiannually to the oversight council the number of children committed, number of recommitments, the average length of stay in residential placement in total and by provider, and average length of commitment among children discharged from the Department of Corrections.
Source:
SL 2015, ch 152, §34.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08D - Juvenile Justice--Public Safety Improvement › Section 26-8D-20 - Department of Corrections semiannual report to oversight council on aftercare.

26-8D-20. Department of Corrections semiannual report to oversight council on aftercare.
The Department of Corrections shall report semiannually to the oversight council the number and percent of juveniles violating aftercare, the number and percent of juveniles whose aftercare is revoked, and the action taken as a result of the revocation.
Source:
SL 2015, ch 152, §36.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08D - Juvenile Justice--Public Safety Improvement › Section 26-8D-21 - Juvenile justice detention cost-sharing fund created.

26-8D-21. Juvenile justice detention cost-sharing fund created.
The juvenile justice detention cost-sharing fund is hereby created in the Department of Corrections for the purpose of assisting counties with increased costs due to increased juvenile detention expenses paid by counties.
Source:
SL 2015, ch 152, §42.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08D - Juvenile Justice--Public Safety Improvement › Section 26-8D-22 - Participating and nonparticipating counties.

26-8D-22. Participating and nonparticipating counties.
Any county that provides the Department of Corrections with documentation showing juvenile detention bed days paid by the county for calendar years 2013, 2014, and 2015 by March 1, 2016, is considered a participating county. All other counties are nonparticipating counties. A nonparticipating county may become a participating county in subsequent years by submitting the data in this section and complying with the requirements in §26-8D-23.
Source:
SL 2015, ch 152, §43.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08D - Juvenile Justice--Public Safety Improvement › Section 26-8D-23 - Reimbursement of participating counties.

26-8D-23. Reimbursement of participating counties.
Beginning on March 1, 2017, and March first of each year thereafter, each participating county shall submit to the Department of Corrections the number of juvenile detention bed days paid by the county in the preceding calendar year. Only a participating county is eligible for reimbursement from the juvenile justice detention cost-sharing fund. The participating counties shall be determined on an annual basis.
Source:
SL 2015, ch 152, §44.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08D - Juvenile Justice--Public Safety Improvement › Section 26-8D-24 - Amount of reimbursement.

26-8D-24. Amount of reimbursement.
The Department of Corrections shall compare the number of detention bed days each county paid in the preceding calendar year to the average number of detention bed days paid in calendar years 2013, 2014, and 2015. If the days paid in the calendar year in question exceed the average, the Department of Corrections shall pay the county two hundred dollars per day for each day exceeding the average. If the amount owed the participating counties exceeds the amount of money in the fund, the amount reimbursed per bed day shall be prorated to fulfill all requests.
Source:
SL 2015, ch 152, §45.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08E - Probation Conditions--Graduated Sanctions And Incentives › Section 26-8E-1 - Policy of the judicial system.

26-8E-1. Policy of the judicial system.
Pursuant to §26-7A-125, the Supreme Court hereby adopts the following juvenile graduated response grid and rules to guide court services officers in determining the appropriate response to a violation or compliance with the conditions of juvenile probation. It is the policy of the Unified Judicial System that violations of probation be addressed in a timely, consistent and reasonable manner by use of a graduated response grid. The use of graduated sanctions and incentives is intended to achieve public safety by holding juvenile offenders accountable for their behavior and reinforcing positive behavior.
Source:
SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08E - Probation Conditions--Graduated Sanctions And Incentives › Section 26-8E-2 - Statewide use of response grids.

26-8E-2. Statewide use of response grids.
The response grids in Appendix A and Appendix B to this chapter are hereby adopted for statewide use by court services officers. The response grids shall be utilized statewide for all juvenile delinquency and child in need of supervision (CHINS) cases supervised through court services.
Source:
SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08E - Probation Conditions--Graduated Sanctions And Incentives › Section 26-8E-3 - Incentives grid.

26-8E-3. Incentives grid.
Court services officers should utilize the incentives grid to provide incentives for compliance with the conditions of probation. Incentives should be individualized to the juvenile and provided in a manner that acknowledges achievements and reinforces positive behavior.
Source:
SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08E - Probation Conditions--Graduated Sanctions And Incentives › Section 26-8E-4 - Response grids to be standard condition of probation.

26-8E-4. Response grids to be standard condition of probation.
These response grids shall be made a standard condition of juvenile probation and the juvenile probationer shall be informed that they may seek review of any moderate or serious sanction imposed by requesting review by the chief court services officer for the judicial circuit. In the event the supervising court services officer is the chief court services officer, the probationer may request review of such determination by a chief court services officer from another judicial circuit which shall be assigned by the director of trial court services. The decision made by the chief court services officer concerning the imposition of a sanction is final. Any requests for review shall be documented by the court services officer.
Source:
SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08E - Probation Conditions--Graduated Sanctions And Incentives › Section 26-8E-5 - Conduct requiring probation violation report--Modification or revocation of probation.

26-8E-5. Conduct requiring probation violation report--Modification or revocation of probation.
The response grid applies to conduct that is a violation of the terms and conditions of juvenile probation including an arrest for a new offense. If a juvenile probationer is arrested for a violent offense or an offense that involves substantial threat of violence or a sex offense the court services officer shall submit a probation violation report to the state's attorney and file a petition to modify or revoke probation with the court. If a juvenile probationer's conduct demonstrates a significant risk to public safety the court services officer shall immediately submit a probation violation report.
Source:
SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08E - Probation Conditions--Graduated Sanctions And Incentives › Section 26-8E-6 - Sanctions grid--Documentation for sanction or incentive.

26-8E-6. Sanctions grid--Documentation for sanction or incentive.
A court services officer shall respond to a violation through the application of the sanctions grid by utilizing the appropriate cells based on the juvenile probationer's risk level and the type of violation. The imposition of sanctions within a grid cell is vested to the discretion of the supervising court services officer. A court services officer may deviate up or down from the cell with supervisor approval. Not all responses in each grid may be appropriate for all violations or for all juvenile probationers. Graduated responses may be used individually or in combination and include formal and informal responses to probation violations. The imposition of any sanction or incentive shall be documented by the court services officer.
Source:
SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08E - Probation Conditions--Graduated Sanctions And Incentives › Section 26-8E-7 - Factors for imposing sanction--Positive reinforcement.

26-8E-7. Factors for imposing sanction--Positive reinforcement.
Court services officers shall consider the risk the juvenile probationer poses to the community, the severity of any violation, prior history on probation, previous violations or sanctions, and the deterrent effect when imposing a sanction. The court services officer shall also employ positive reinforcement for a probationer's compliance with the conditions of supervision and completion of benchmarks during the term of supervision.
Source:
SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08E - Probation Conditions--Graduated Sanctions And Incentives › Section 26-8E-8 - Detention.

26-8E-8. Detention.
Detention shall only be requested in conjunction with the filing of a formal petition to modify or revoke probation.
Source:
SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08E - Probation Conditions--Graduated Sanctions And Incentives › Section 26-8E-9 - Term of probation.

26-8E-9. Term of probation.
A sanction cannot extend the term of probation.
Source:
SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08E - Probation Conditions--Graduated Sanctions And Incentives › Section 26-8E-10 - Juvenile response grid oversight committee.

26-8E-10. Juvenile response grid oversight committee.
There is hereby established a juvenile response grid oversight committee to consider recommendations to the graduated response grid and make such changes as the committee determines appropriate by majority vote. The committee shall be appointed by the Chief Justice of the South Dakota Supreme Court. The committee shall consist of nine members and be composed of two judges, two chief court services officers, one deputy chief court services officer, two court services officers that are not chief or deputy chief court services officers, one state's attorney and one defense attorney. The director of trial court services shall also serve as a non-voting member of the committee. The committee shall meet within 180 days from appointment and at least annually thereafter.
Source:
SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 08E - Probation Conditions--Graduated Sanctions And Incentives › Section 26-8E-11 - Sentencing court's authority not limited.

26-8E-11. Sentencing court's authority not limited.
Nothing in this chapter shall be construed to limit the sentencing court's ability to respond to a probation violation or modify the terms and conditions of probation.
Source:
SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-1 - Contributing to abuse, neglect, or delinquency or causing child to become child in need of supervision as misdemeanor.

26-9-1. Contributing to abuse, neglect, or delinquency or causing child to become child in need of supervision as misdemeanor.
Any person who, by any act, causes, encourages, or contributes to the abuse, the neglect, or the delinquency of a child, or any person, other than a parent who, by any act, causes a child to become a child in need of supervision, as such phrases with reference to children are defined by chapters 26-7A, 26-8A, 26-8B, and 26-8C, or who is, in any manner, responsible therefor, is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §43.9901; SL 1988, ch 214; SL 1993, ch 206, §1.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-2 - Short terms used to describe offenses.

26-9-2. Short terms used to describe offenses.
When any person is prosecuted under §26-9-1, and the charge against such person concerns the abuse or neglect of a child, the offense for convenience may be termed contributory abuse or contributory neglect. If it concerns the delinquency of a child, for convenience it may be termed contributory delinquency. If it concerns a child in need of supervision, for convenience it may be termed contributing to the child's status as a child in need of supervision.
Source:
SDC 1939, §43.0401; SL 1993, ch 206, §2; SL 2003, ch 149, §14.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-3 - Original jurisdiction of prosecutions.

26-9-3. Original jurisdiction of prosecutions.
Subject to § 16-12B-11, the circuit court in all counties shall have original jurisdiction of all prosecutions under this chapter.
Source:
SDC 1939, §43.0408; SL 1971, ch 151, §4; SL 2021, ch 86, § 3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-4 - Probation officers authorized to file complaints--Assistance by state's attorney--General powers of state's attorney unimpaired.

26-9-4. Probation officers authorized to file complaints--Assistance by state's attorney--General powers of state's attorney unimpaired.
Probation officers having the powers of peace officers, as well as state's attorneys, shall have the right and be vested with all power necessary to file complaints against any person under §26-9-1 and to prosecute any such case. In all such cases it shall be the duty of the state's attorney to prepare any such complaints and prosecute any such cases for such probation officer when so requested by such officer or the judge of the circuit court; but nothing herein shall be construed to interfere with any state's attorney prosecuting such cases under this or any other law as in other criminal cases.
Source:
SDC 1939, §43.0407.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-5 - Interpretation and construction in prosecutions under chapter.

26-9-5. Interpretation and construction in prosecutions under chapter.
In prosecutions conducted as provided in this chapter, the rules of interpretation and construction set forth in §§26-9-6 to 26-9-10, inclusive, shall be observed.
Source:
SDC 1939, §43.0409.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-6 - Actual abuse, neglect, or delinquency not required for conviction.

26-9-6. Actual abuse, neglect, or delinquency not required for conviction.
In order to find any person guilty of violating this chapter, it is not necessary to prove that the child has actually become abused, neglected, or delinquent, provided it appears from the evidence that through any act of abuse, neglect, or omission of duty or by any improper act or conduct on the part of any such person the abuse, neglect, or delinquency of any child may have been caused or merely encouraged.
Source:
SDC 1939, §43.0409 (1); SL 1993, ch 206, §3.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-7 - Liberal construction for protection of child.

26-9-7. Liberal construction for protection of child.
This chapter and chapters 26-7A, 26-8A, 26-8B, and 26-8C shall be liberally construed in favor of the state for the purposes of the protection of the child from neglect or omission of parental duty toward the child by its parents, as well as to protect the children of the state from the effects of the improper conduct, acts, or the bad example of any person or persons whomsoever, which may be calculated to cause, encourage, or contribute to the dependency or delinquency of children, although such persons are in no way related to the child.
Source:
SDC 1939, §43.0409 (2).
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-8 - Criminal proceedings under other laws not prevented.

26-9-8. Criminal proceedings under other laws not prevented.
Nothing in this chapter may be construed to be in conflict with or to repeal or prevent proceedings under any law of this state which may have otherwise defined any specific act of any person as a crime of any character, which act might also constitute contributory abuse, contributory neglect, or contributory delinquency, or to prevent or interfere with proceedings under any such law.
Source:
SDC 1939, §43.0409 (3); SL 1993, ch 206, §4.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-9 - Consistency with other laws for support and protection of children.

26-9-9. Consistency with other laws for support and protection of children.
This chapter shall not be construed to be inconsistent with any law providing for the support by the parent or parents of their minor children, or any law providing for the punishment of cruelty to children or the taking of indecent liberties with or selling liquors, tobacco, or firearms to children, or permitting them in evil or disreputable places.
Source:
SDC 1939, §43.0409 (3).
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-10 - Proceedings under chapter not prevented by similar laws--Duplicate prosecutions considered in mitigation.

26-9-10. Proceedings under chapter not prevented by similar laws--Duplicate prosecutions considered in mitigation.
Nothing in any laws referred to in §26-9-9 or similar laws shall be construed to be inconsistent with this chapter or chapters 26-7A, 26-8A, 26-8B, and 26-8C or to prevent proceedings hereunder, but in all cases where there shall be more than one prosecution for the same offense, under whatever law, the fact may be given in evidence to the judge of the court and may, in the discretion of the court, be considered in mitigation of any sentence in any such case.
Source:
SDC 1939, §43.0409 (3).
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-11 - Suspension, stay, or postponement of sentence--Release from custody on condition.

26-9-11. Suspension, stay, or postponement of sentence--Release from custody on condition.
The court may suspend sentence, stay, or postpone the enforcement of execution, or release from custody any person found guilty in any such prosecution, upon such conditions as shall be imposed by the court in accordance with the provisions of this chapter.
Source:
SDC 1939, §43.0402.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-12 - Abused or neglected child left in custody of person under suspended sentence--Conditions of suspension.

26-9-12. Abused or neglected child left in custody of person under suspended sentence--Conditions of suspension.
The court may permit any child to remain in the custody of the person found guilty of contributing to its abuse or neglect, under such suspended sentence, upon such conditions for the treatment and care of such child as may seem to the court to be for its best welfare, or as may be calculated to secure obedience to the law or to remove the cause of such abuse or neglect, and while such conditions are accepted and complied with by any such person, such sentence may remain suspended subject to be enforced upon the violation of any of the conditions imposed by the court.
Source:
SDC 1939, §43.0403; SL 1965, ch 177; SL 1993, ch 206, §5.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-13 - Enforcement of sentence after suspension or stay--Commencement of jail term.

26-9-13. Enforcement of sentence after suspension or stay--Commencement of jail term.
If any person has been found guilty of contributory abuse, contributory neglect, or contributory delinquency, and the court has suspended the execution of the sentence during the good behavior and satisfactory conduct of the defendant or upon any other terms and conditions which may have been imposed by the court, if it appears to the satisfaction of the court at any time during such suspended sentence or stay of execution that it ought to be enforced, the court may thereupon enforce the same, and any jail sentence thereunder shall commence from the date upon which such sentence is ordered to be enforced.
Source:
SDC 1939, §43.0405; SL 1993, ch 206, §6.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-14 - Maximum period of suspension or stay of sentence--Release and discharge on compliance with terms.

26-9-14. Maximum period of suspension or stay of sentence--Release and discharge on compliance with terms.
No sentence shall be suspended or final judgment or execution stayed, in the case of any person found guilty under §26-9-1, to exceed a period of two years. If at any time prior thereto it shall appear to the satisfaction of the court that such person has complied faithfully with the conditions of any suspended sentence, judgment, or execution, or is for any cause in the opinion of the court entitled to be released therefrom, the court may suspend such sentence indefinitely, in which case such person shall be finally released and discharged, as he shall be in any event at the end of two years from imposition of any such sentence. But if any defendant be actually serving a jail sentence imposed under §26-9-1 and enforced before the expiration of such two years in accordance with the provisions of this chapter, then in such case the defendant shall not be finally discharged until the expiration of any such sentence.
Source:
SDC 1939, §43.0406.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-15 - Security for child support required after conviction for contributory abuse or contributory neglect--Forfeiture on failure to comply with conditions.

26-9-15. Security for child support required after conviction for contributory abuse or contributory neglect--Forfeiture on failure to comply with conditions.
Any person found guilty under this chapter of contributory abuse or contributory neglect may be required to furnish a good and sufficient bond to the state in such penal sum as the court shall determine, not exceeding one thousand dollars, conditioned for the payment of such amount as the court may order, not exceeding seventy-five dollars per month, for the support, care, and maintenance of the child to whose abuse or neglect such person has contributed, such sum to be expended under the directions and orders of the court for the purposes mentioned. Such bond may be forfeited upon a failure to comply with any conditions as well as upon the failure to pay any amount required for the maintenance of such child.
Source:
SDC 1939, §43.0403; SL 1965, ch 177; SL 1993, ch 206, §7.
2023 South Dakota Codified Laws › Title 26 - Minors › Chapter 09 - Contributing To Delinquency Or Dependency › Section 26-9-16 - Separate suit not required to recover on bond--Order to show cause--Judgment on bond.

26-9-16. Separate suit not required to recover on bond--Order to show cause--Judgment on bond.
As a part of the conditions of any bond mentioned in §26-9-15, it shall be understood that it shall not be necessary to bring a separate suit to recover the penalty of any such bond which has become forfeited, but the court may cause a citation or summons to issue to the surety or sureties thereon, requiring that he or they appear at a time named by the court, which time shall be not less than ten nor more than twenty days from the issuance thereof, and show cause, if any there be, why judgment should not be entered for the penalty of such bond and execution issue for the amount thereof against the property of the surety or sureties thereon, as in civil cases, and upon failure to appear or failure to show any such sufficient cause, the court shall enter such judgment in behalf of the state against the principal and such surety or sureties on such bond, not to exceed the sum of one thousand dollars including the costs.
Source:
SDC 1939, §43.0404.