Title 26, MINORS
27 chapters · 514 sections in this title.
SDCL § 26-11A-1 Establishment, maintenance, and operation of juvenile correctional facilities and programs
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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…
SDCL § 26-11A-1.4 Department authorized to lease former state property--Disposition of revenue
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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 re…
SDCL § 26-11A-10 Placement contracts regarding juveniles and other states--Transfer of custody--Effect on juvenile's legal rights
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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 f…
SDCL § 26-11A-11 Custodian of person of juvenile
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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.
SDCL § 26-11A-12 Aftercare supervision program for juveniles conditionally released--Foster care--Terms, conditions, and duration of aftercare given in writing
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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, …
SDCL § 26-11A-13 Failure to comply with terms and conditions of aftercare--Duration of temporary detention or shelter--Violations
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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 a…
SDCL § 26-11A-14 Temporary detention or shelter hearing--Timing--Orders of hearing officer--Holding of juvenile pending hearing
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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 supervisio…
SDCL § 26-11A-15 Aftercare revocation--Hearing--Notice--Written statement of allegations--Witnesses and evidence--Representation
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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…
SDCL § 26-11A-16 Finding of violation or frustration of purpose--Continuance of aftercare
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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 …
SDCL § 26-11A-17 Release of juvenile for continuance of aftercare
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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…
SDCL § 26-11A-18 Form of hearings
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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.
SDCL § 26-11A-19 Reimbursement of expenses--Procedure
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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…
SDCL § 26-11A-2 Acceptance and expenditure of funds--Approval
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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 199…
SDCL § 26-11A-20 Grounds for discharge of juvenile--Department's jurisdiction ends at age twenty-one
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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 a…
SDCL § 26-11A-20.1 Risk and needs evaluation required for juvenile who is not discharged by age nineteen
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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 jurisdict…
SDCL § 26-11A-21 Restoration of juvenile to custody of parent or guardian--Appointment of new guardian
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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 c…
SDCL § 26-11A-22 Committing court to receive notice of intent to discharge juvenile--State's attorney to notify any involved victim
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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 c…
SDCL § 26-11A-23 Use of restraints prohibited--Exceptions--"Restraints" defined
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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 …
SDCL § 26-11A-24 Definition of terms
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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, rec…
SDCL § 26-11A-25 Monitor within juvenile corrections system--Primary duty
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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 sha…
SDCL § 26-11A-26 Allegations of abuse within juvenile corrections facilities to be reported to monitor
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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…
SDCL § 26-11A-27 Powers and duties of monitor
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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) Acc…
SDCL § 26-11A-27.1 Certification that report of activities of monitor does not disclose juvenile's or other person's identity
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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…
SDCL § 26-11A-28 Monitor to report findings of abuse or neglect
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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 Gover…
SDCL § 26-11A-3 Liability for medical and related services cost for committed juvenile--Securing payment on failure of responsible party to pay
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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 secu…
SDCL § 26-11A-30 Disclosure of identities of juveniles or others requesting assistance not required--Identity of person reporting to monitor to remain confidential
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For purposes of any audit, report, evaluation, or public testimony that may be permitted or required under §§ 26-11A-24 to 26-11A-33 , inclusive, no disclosure of the identity of, or any other personally identifiable information related to, any juvenile or any individual requesti…
SDCL § 26-11A-31 Knowingly hindering actions of monitor as misdemeanor
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A person who knowingly hinders the lawful actions of the monitor is guilty of a Class 1 misdemeanor. Source: SL 2000, ch 128 , § 8.
SDCL § 26-11A-32 Retaliatory acts against individual who cooperates with monitor prohibited--Violation as misdemeanor
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No state agency nor any individual acting for a state agency may take any adverse action against an individual in retaliation because the individual cooperated with or provided information to the monitor. A violation of this section is a Class 1 misdemeanor. Source: SL 2000, ch 1…
SDCL § 26-11A-33 Identities of persons or agencies reporting to monitor to remain confidential
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The identity of the juvenile and of any person or agency making a report to the monitor shall be kept confidential. Source: SL 2000, ch 128 , § 10.
SDCL § 26-11A-33.1 Confidential report of allegations of abuse and neglect within private contracted facilities
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The secretary of the Department of Corrections shall compile a confidential report of all allegations of abuse and neglect of individuals under the jurisdiction of the Department of Corrections within private contracted facilities. The secretary shall provide the report to the Go…
SDCL § 26-11A-34 Records to be provided to the court and Department of Social Services
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File material concerning a child under the jurisdiction of the Department of Corrections shall be provided, upon request, to the Department of Social Services for the purposes of developing family service agreements and dispositional recommendations and to the court for use at th…
SDCL § 26-11A-4 Prohibition against court's commitment of juvenile to specific department facility or program
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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.
SDCL § 26-11A-5 Age limit for juvenile within departmental jurisdiction
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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.
SDCL § 26-11A-6 Age limit for placement of child sentenced as adult into juvenile facility--Affect on status
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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 sta…
SDCL § 26-11A-7 Jurisdiction and custody of adjudicated juvenile
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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.
SDCL § 26-11A-8 Extent of security and treatment services for committed juvenile--Placement of juvenile
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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 pla…
SDCL § 26-11A-8.1 Treatment and aftercare plans--Treatment team meetings
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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…
SDCL § 26-11A-9 Transfer of juvenile after initial placement
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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 treatm…