Title 26 — MINORS
27 chapters · 560 sections in this title.
SDCL § 26-8E-1 Policy of the judicial system
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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 …
SDCL § 26-8E-10 Juvenile response grid oversight committee
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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 D…
SDCL § 26-8E-11 Sentencing court's authority not limited
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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. San…
SDCL § 26-8E-2 Statewide use of response grids
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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 ser…
SDCL § 26-8E-3 Incentives grid
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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: …
SDCL § 26-8E-4 Response grids to be standard condition of probation
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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…
SDCL § 26-8E-5 Conduct requiring probation violation report--Modification or revocation of probation
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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 offens…
SDCL § 26-8E-6 Sanctions grid--Documentation for sanction or incentive
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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 discret…
SDCL § 26-8E-7 Factors for imposing sanction--Positive reinforcement
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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 e…
SDCL § 26-8E-8 Detention
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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.
SDCL § 26-8E-9 Term of probation
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A sanction cannot extend the term of probation. Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.