Title 26 — MINORS
27 chapters · 560 sections in this title.
SDCL § 26-11-1 Proceedings on offense for which child not subject to delinquency proceedings--Prosecution as adult--Detention in adult jail or lockup
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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 2…
SDCL § 26-11-1.1 Strip - search for curfew violation prohibited
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No person under the age of eighteen detained solely for a curfew violation may be strip - searched. Source: SL 2000, ch 125 , § 1.
SDCL § 26-11-2 Child arrested for other offenses taken before circuit court--Transfer by magistrate to circuit court--Disposition as if on delinquency petition
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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 …
SDCL § 26-11-3 Circuit court direction to hold child in custody until felony charge filed
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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 …
SDCL § 26-11-3.1 Request for transfer hearing by delinquent child charged with felony
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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 § 26-1…
SDCL § 26-11-4 Criminal proceedings against child charged with a felony permitted by circuit court--Transfer hearing--Factors considered--Order holding child--Retention of jurisdiction by court
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Except as provided in § 26-11-3.1 , the circuit court may, in any case of a delinquent child against whom criminal felony charges have been filed, after transfer hearing, permit such child to be proceeded against in accordance with the laws that may be in force in this state gove…
SDCL § 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
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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 t…
SDCL § 26-11-5.2 Provision for notice to school officials by judicial system where student convicted of certain crimes
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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, …
SDCL § 26-11-5.3 Disclosure of student's adjudication or conviction governed by federal law--Conditions
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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 …