27 chapters · 560 sections in this title.
SDCL 26-7A-11.1
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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 …
Source: SL 2015, ch 152 , § 24, eff
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Jan. 1, 2016.
SDCL § 26-8D-1 Definitions
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Terms used in this chapter mean: (1) "Community response team" or "team," a support team tasked with finding viable community resources to help rehabilitate children alleged to be delinquent and children alleged to be in need of supervision in community-based settings who are at …
SDCL § 26-8D-10 Community response teams--Purpose--Members--Confidentiality of records
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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 in…
SDCL § 26-8D-11 Promulgation of rules regarding community response teams
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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.
SDCL § 26-8D-12 Report of nonidentifying aggregate data for jurisdictions where community response team established
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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 …
SDCL § 26-8D-13 Recipients of community services--Liability
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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 pu…
SDCL § 26-8D-14 Findings of fact and conclusions of law justifying need for extended detention
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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 15…
SDCL § 26-8D-15 Unified Judicial System semiannual report to oversight council--Contents
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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 …
SDCL § 26-8D-16 Unified Judicial System semiannual report to oversight council on probation
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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…
SDCL § 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
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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…
SDCL § 26-8D-18 Placement in residential treatment center or intensive residential treatment center--Performance-based reimbursement
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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 provide…
SDCL § 26-8D-19 Department of Corrections semiannual report to oversight council--Contents
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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 fro…
SDCL § 26-8D-2 Fiscal incentive program for diversion opportunities--Requirements--Allotment of moneys--Report
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The Department of Corrections shall provide a fiscal incentive program to incentivize county use of diversion opportunities. To receive funding from the fiscal incentive program, a county must submit an application to the department before September first of each year. The applic…
SDCL § 26-8D-20 Department of Corrections semiannual report to oversight council on aftercare
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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 , …
SDCL § 26-8D-21 Juvenile justice detention cost-sharing fund created
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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.
SDCL § 26-8D-22 Participating and nonparticipating counties
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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 non…
SDCL § 26-8D-23 Reimbursement of participating counties
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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 re…
SDCL § 26-8D-24 Amount of reimbursement
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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 avera…
SDCL § 26-8D-25 Repealed by SL 2019, ch 125 , § 1, eff
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June 28, 2019.
SDCL § 26-8D-3 Treatment for juvenile system involved youth
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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 ava…
SDCL § 26-8D-4 Collection and report of treatment program referral and completion data
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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 Depart…
SDCL § 26-8D-5 Evaluation and recommendations to improve outcomes for Native American children in juvenile justice system
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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 sys…
SDCL § 26-8D-6 Report of evaluation and recommendations
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The Department of Tribal Relations shall report to the oversight council by December 31, 2016, the progress of the evaluation required by §
SDCL § 26-8D-7 Juvenile Justice Oversight Council established
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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.
SDCL § 26-8D-8 Council--Purpose--Members
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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 member…
SDCL § 26-8D-9 Council--Sunset--Meetings--Tasks
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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 counc…