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. APPENDIX TO CHAPTER 26-8E Appendix A. Sanctions South Dakota's Juvenile Supervisory Responses (JSR) -Sanctions- Undesired Behavior- Severity Level Low/Admin Risk Juvenile (YLS) Medium Risk Juvenile (YLS) High Risk Juvenile (YLS) Minor 1 . Disruptive Behaviors/Disobedience 2 . Dishonesty 3 . Failure to Complete Assignment/Directive 4 . Truancy 5 . Failure to Attend Probation Meeting 6 . Association with Prohibited Peers 7 . Failure to Pay Court-Ordered Financials 8 . Failure to Complete Community Service 9 . School Infractions 10 . Runaway 11 . Driving without Permission 12 . Positive Drug Test 13 . PBT of .07 or lower 14 . House Arrest Violation 15 . Intimidating/Threatening Others 16 . Gang Association (minor- colors, drawings etc.) 17 . Curfew Violation 18 . Missed Programming Appointment (first time) 19 . Refusal to UA/PBT 20 . Admitted Ingestion 1 . Verbal Consequence 2 . Adjust Curfew 3 . Homework Verification 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . Increase Face to Face 9 . Increase Phone Contact 10 . Limit Overnight with Friends 11 . Parent Proposed Sanction 12 . Parent-Child Conference 13 . Restrict Privileges/Friends 14 . School Progress Reports 15 . Written Assignment 16 . Youth Proposed Sanction 1 . Discretion of CSO, Appropriate per Violation 1 . Verbal Consequence 2 . Adjust Curfew 3 . Homework Verification 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . Increase Face to Face 9 . Increase Phone Contact 10 . Limit Overnight with Friends 11 . Parent Proposed Sanction 12 . Parent-Child Conference 13 . Restrict Privileges/Friends 14 . School Progress Reports 15 . Written Assignment 16 . Youth Proposed Sanction 17 . Behavior Modification Group 18 . Discretion of CSO, Appropriate per Violation 1 . Verbal Consequence 2 . Adjust Curfew 3 . Homework Verification 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . Increase Face to Face 9 . Increase Phone Contact 10 . Limit Overnight with Friends 11 . Parent Proposed Sanction 12 . Parent-Child Conference 13 . Restrict Privileges/Friends 14 . School Progress Reports 15 . Written Assignment 16 . Youth Proposed Sanction 17 . Scheduled Problem-solving meeting with CSO 18 . Behavior Modification Group 19 . Discretion of CSO, Appropriate per Violation Moderate 1 . Continuous or Repetitive Undesired Minor Behaviors 2 . New Nonviolent Offense 3 . Gang Involvement-Moderate Vandalism, Graffiti etc. 4 . Discharged Unsuccessfully from Programming 5 . PBT of .08 or Higher 1 . Verbal Consequence 2 . Adjust Curfew 3 . Behavior Modification Group 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . House Arrest 9 . Increase Face to Face 10 . Increase Phone Contact 11 . Limit Overnight with Friends 12 . Parent Proposed Sanction 13 . Parent-Child Conference 14 . Restrict Privileges/Friends 15 . School Progress Reports 16 . Weekly Counseling Reports 17 . Written Assignment 18 . Youth Proposed Sanction 19 . Scheduled Problem-Solving Meeting with CSO 20 . Review of Future sanctions if Behaviors Continue 21 . Day/Evening Reporting 1 . Verbal Consequence 2 . Adjust Curfew 3 . Behavior Modification Group 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . House Arrest 9 . Increase Face to Face 10 . Increase Phone Contact 11 . Limit Overnight with Friends 12 . Parent Proposed Sanction 13 . Restrict Privileges/Friends 14 . School Progress Reports 15 . Weekly Counseling Reports 16 . Written Assignment 17 . Youth Proposed Sanction 18 . Scheduled Problem-solving Meeting with CSO 19 . Review of Future Sanctions if Behaviors Continue 20 . Day/Evening Reporting 21 . Electronic Monitoring 1 . Verbal Consequence 2 . Adjust Curfew 3 . Behavior Modification Group 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . House Arrest 9 . Increase Face to Face 10 . Increase Phone Contact 11 . Limit Overnight with Friends 12 . Parent Proposed Sanction 13 . Restrict Privileges/Friends 14 . School Progress Reports 15 . Weekly Counseling Reports 16 . Written Assignment 17 . Youth Proposed Sanction 18 . Scheduled Problem-solving Meeting with CSO 19 . Review of Future Sanctions if Behaviors Continue 20 . Day/Evening Reporting 21 . Electronic Monitoring 22 . Parent-Child Conference 23 . Discretion of CSO, Appropriate per Violation 1 . Parent-Child Conference 2 . Discretion of CSO, Appropriate per Violation 3 . Discretion of CSO, Appropriate per Violation Serious 1 . Continuous or Repetitive Undesired Minor Behaviors 2 . Continuous or Repetitive Undesired Moderate Behaviors 3 . Tampering with UA 4 . Positive UA other than THC 5 . Contact with victim Possession of unauthorized weapon 6 . *New violent offense or substantial threat of violence 7 . *Sex offense 8 . *Abscond 1 . Verbal Consequence 2 . Adjust Curfew 3 . Behavior Modification Group 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . House Arrest 9 . Electronic Monitoring 10 . Court Observation 11 . Increase Face to Face 12 . Increase Phone Contact 13 . Limit Overnight with Friends 14 . Parent Proposed Sanction 15 . Parent-Child Conference 16 . Restrict Privileges/Friends 17 . School Progress Reports 18 . Weekly Counseling Reports 19 . Written Assignment 20 . Youth Proposed Sanction 21 . Scheduled Problem-Solving Meeting with CSO 22 . Day/Evening Reporting 1 . Verbal Consequence 2 . Adjust Curfew 3 . Behavior Modification Group 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . House Arrest 9 . Electronic Monitoring 10 . Court Observation 11 . Increase Face to Face 12 . Increase Phone Contact 13 . Limit Overnight with Friends 14 . Parent Proposed Sanction 15 . Parent-Child Conference 16 . Restrict Privileges/Friends 17 . School Progress Reports 18 . Weekly Counseling Reports 19 . Written Assignment 20 . Youth Proposed Sanction 21 . Scheduled Problem-Solving Meeting with CSO 22 . Day/Evening Reporting 1 . Verbal Consequence 2 . Adjust Curfew 3 . Behavior Modification Group 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . House Arrest 9 . Electronic Monitoring 10 . Court Observation 11 . Increase Face to Face 12 . Increase Phone Contact 13 . Limit Overnight with Friends 14 . Parent Proposed Sanction 15 . Parent-Child Conference 16 . Restrict Privileges/Friends 17 . School Progress Reports 18 . Weekly Counseling Reports 19 . Written Assignment 20 . Youth Proposed Sanction 21 . Scheduled Problem-Solving Meeting with CSO 22 . Day/Evening Reporting 1 . Violation Report with the Court-Detention Request 2 . Increase in Risk Level/Super vision Level 3 . Discretion of CSO, Appropriate per Violation 1 . Violation Report with the Court- Detention Request 2 . Discretion of CSO, Appropriate per Violation 3 . Violation Report with the Court- Detention Request 4 . Discretion of CSO, Appropriate per Violation *Officer is required to submit a probation violation. For all other cells the officer has discretion to submit a probation violation report as appropriate in response to behavior. Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016. Appendix B. Incentives South Dakota's Juvenile Supervisory Responses (JSR) -Incentives- Desired Behaviors Low Level Incentive Moderate Level Incentive High Level Incentive Compliant (Contemplation Stage of Change) (Preparation Stage of Change Desired behavior would be that the juvenile is meeting the conditions of probation or has shown an improvement in meeting those conditions. -More problem recognition -Decisional balance -Increased commitment -Ready to make choices -Sharing plans for change -Change becomes priority -Shift in view from past to future 1 . Verbal Praise 2 . Written Praise 3 . Drawing from a Prize Bucket 4 . Encourage School Staff Recognition for Child 5 . Decrease Phone Contact 6 . Parent and Juvenile Recommended Incentives. 1 . Verbal Praise 2 . Written Praise 3 . Drawing from a Prize Bucket 4 . Encourage School Staff Recognition for Child 5 . Decrease Phone Contact 6 . Parent and Juvenile Recommended Incentives 7 . Reduce meetings 8 . Eliminate Electronic Monitoring 9 . Allow overnights with Friends 1 . Verbal Praise 2 . Written Praise 3 . Drawing from a Prize Bucket 4 . Reduce Meetings 5 . Allow Overnights with Friends 6 . Encourage School Staff Recognition for Child 7 . Decrease Phone Contact 8 . Parent and Juvenile Recommended Incentives 9 . Reduce meetings 10 . Eliminate Electronic Monitoring 11 . Allow overnights with Friends 12 . Reduced UAs/PBTs 13 . Job Shadowing 14 . Moderate Financial Reward (gift cards, activity fees, tickets, recreational passes, memberships under $15 etc.) 15 . Reduced Probation Condition 16 . Extend Curfew Demonstrated Improvement (Action Stage of Change) Desired behavior would be a juvenile's progress in meeting the conditions of probation and showing a commitment for improvement that goes beyond mere compliance. -Strategies for change are chosen and pursued -Active modification of behavior, thoughts, feelings, and environment -Treatment and/or self help 1 . Verbal Praise 2 . Written Praise 1 . Moderate Financial Reward (gift cards, activity fees, tickets, recreational passes, memberships under $15 etc.) 1 . Reduced Probation Condition 2 . Reduced UAs/PBTs 3 . Drawing from a Prize Bucket 4 . Reduce Meetings 5 . Allow Overnights with Friends 6 . Encourage School Staff Recognition for Child 7 . Extend Curfew 8 . Decrease Phone Contact 9 . Graduation Certificate/Ceremonies for Accomplishments 10 . Reduce Telephone Contact 11 . Higher Level Financial Rewards (gift cards, activity fees, tickets, recreational passes, memberships over $15 etc.) 12 . Job Shadowing 13 . Recommend Reduced Probation Term 1 . Verbal Praise 2 . Written Praise 3 . Moderate Financial Reward (gift cards, activity fees, tickets, recreational passes, memberships under $15 etc.) 1 . Reduced Probation Condition 2 . Reduced UAs/PBTs 3 . Drawing from a Prize Bucket 4 . Reduce Meetings 5 . Allow Overnights with Friends 6 . Encourage School Staff Recognition for Child 7 . Decrease Phone Contact 8 . Graduation Certificate/Ceremonies for Accomplishments 1 . Reduce Telephone Contact 2 . Higher Level Financial Rewards (gift cards, activity fees, tickets, recreational passes, memberships over $15 etc.) 3 . Job Shadowing 1 . Verbal Praise 2 . Written Praise 3 . Moderate Financial Reward (gift cards, activity fees, tickets, recreational passes, memberships under $15 etc.) 1 . Reduced Probation Condition 2 . Reduced UAs/PBTs 3 . Drawing from a Prize Bucket 4 . Reduce Meetings 5 . Allow Overnights with Friends 6 . Encourage School Staff Recognition for Child 7 . Backpack Program- food, school supplies 8 . Increase Driving Privileges 9 . Extend Curfew 10 . Decrease Phone Contact 11 . Graduation Certificate/Ceremonies for Accomplishments 12 . Reduce Telephone Contact 1 . Higher Level Financial Rewards (gift cards, activity fees, tickets, recreational passes, memberships over $15 etc.) --> 1 . Eliminate Electronic Monitoring 2 . Acknowledgement by the Judge for Positive Behaviors 3 . Parent and Juvenile recommended incentives 1 . College/Career Planning session 2 . School Spirit Wear 3 . Eliminate Electronic Monitoring 4 . Acknowledgement by the Judge for Positive Behaviors 5 . Parent and Juvenile Recommended Incentives 6 . College/Career Planning Session 1 . School Spirit Wear 2 . Backpack Program- food, school supplies 3 . Increase Driving Privileges 4 . Extend Curfew 5 . Reduce Community Service Hours 1 . Job Shadowing 2 . Recommend Reduced Probation Term 3 . Eliminate Electronic Monitoring 1 . Acknowledgement by the Judge for Positive Behaviors 2 . Parent and Juvenile Recommended Incentives 3 . College/Career Planning Session 4 . School Spirit Wear 5 . Backpack Program- food, school supplies 6 . Increase Driving Privileges 7 . Extend Curfew 8 . Reduce Community Service Hours Significant Improvement (Action Stage of Change) (Maintenance Stage of Change) Desired behavior would indicate a demonstration of commitment and progress to meeting the terms of probation and would be associated with a level of improvement that shows effective change by the juvenile. -Sustaining new habits -Working to prevent relapses -Taking personal responsibilities and credit for change -Watching out for dangerous people, places and things -Moving toward a balanced lifestyle 1 . Verbal Praise 2 . Written Praise 3 . Moderate Financial Reward (gift cards, activity fees, tickets, recreational passes, memberships under $15 etc.) 4 . Reduced Probation Condition 5 . Reduced UAs/PBTs 6 . Drawing from a Prize Bucket 7 . Reduce Meetings 8 . Allow Overnights with Friends 9 . Encourage School Staff Recognition for Child 10 . Backpack Program-food, school supplies 1 . Increase Driving Privileges 2 . Extend Curfew 3 . Decrease Phone Contact 4 . Graduation Certificate/Ceremonies for Accomplishments 5 . Reduce Telephone Contact 6 . Higher Level Financial Rewards (gift cards, activity fees, tickets, recreational passes, memberships over $15 etc.) 1 . Verbal Praise 2 . Written Praise 3 . Moderate Financial Reward (gift cards, activity fees, tickets, recreational passes, memberships under $15 etc.) 4 . Reduced Probation Condition 5 . Reduced UAs/PBTs 6 . Drawing from a Prize Bucket 7 . Reduce Meetings 8 . Allow Overnights with Friends 9 . Encourage School Staff Recognition for Child 10 . Backpack Program-food, school supplies 1 . Increase Driving Privileges 2 . Extend Curfew 3 . Decrease Phone Contact 4 . Graduation Certificate/Ceremonies for Accomplishments 5 . Reduce Telephone Contact 6 . Higher Level Financial Rewards (gift cards, activity fees, tickets, recreational passes, memberships over $15 etc.) 1 . Verbal Praise 2 . Written Praise 3 . Moderate Financial Reward (gift cards, activity fees, tickets, recreational passes, memberships under $15 etc.) 4 . Reduced Probation Condition 5 . Reduced UAs/PBTs 6 . Drawing from a Prize Bucket 7 . Reduce Meetings 8 . Allow Overnights with Friends 9 . Encourage School Staff Recognition for Child 1 . Backpack Program- food, school supplies 2 . Increase Driving Privileges 3 . Extend Curfew 1 . Decrease Phone Contact 2 . Graduation Certificate/Ceremonies for Accomplishments 3 . Reduce Telephone Contact 4 . Higher Level Financial Rewards (gift cards, activity fees, tickets, recreational passes, memberships over $15 etc.) --> 1 . Photo ID Costs 2 . Job Shadowing 3 . Recommend Reduced Probation Term 4 . Eliminate Electronic Monitoring 5 . Acknowledgement by the Judge for Positive Behaviors 6 . Parent and Juvenile Recommended Incentives 7 . Reduce Community Service Hours 8 . Recommend Court Reduction in Fines or Fees. 9 . College/Career Planning Session 10 . School Spirit Wear 11 . Payment for high school equivalency testing 1 . Photo ID Costs 2 . Job Shadowing 3 . Recommend Reduced Probation Term 4 . Eliminate Electronic Monitoring 5 . Acknowledgement by the Judge for Positive Behaviors 6 . Parent and Juvenile Recommended Incentives 7 . Reduce Community Service Hours 8 . Recommend Court Reduction in Fines or Fees. 9 . College/Career Planning Session 10 . School Spirit Wear 11 . Payment for high school equivalency testing 1 . Photo ID Costs 2 . Job Shadowing 3 . Recommend Reduced Probation Term 4 . Eliminate Electronic Monitoring 5 . Acknowledgement by the Judge for Positive Behaviors 6 . Parent and Juvenile Recommended Incentives 7 . Reduce Community Service Hours 8 . Recommend Court Reduction in Fines or Fees. 9 . College/Career Planning Session 10 . School Spirit Wear 11 . Payment for high school equivalency testing *Incentives should be individualized to the juvenile and this list is not exclusive. ** Incentives should be applied with a 4:1 ratio when compared to Sanctions. Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016; SL 2017, ch 77, § 3.