South Dakota is a Combination State: With the exception of secure detention, the state operates most delinquency services in South Dakota. However, responsibility is divided between the state court and state executive branches.

How is detention organized?

County executive agencies administer South Dakota's seven secure detention facilities. In addi

By statute, a state's attorney must conduct a preliminary investigation to determine whether further action should be taken after receiving a delinquency referral. Then, the state's attorney has the option to decide to refer the matter to a court-approved juvenile diversion program for any informal action outside the court system. Informal adjustment may last no longer than three months.

South Dakota extends rights to victims of juvenile offenders. Victims of juvenile offenders may request that the prosecuting attorney give them the names and addresses of their offenders and the youth's parents, guardian, or custodian.

Court Services Officers, within the Unified Judicial System's Court Services Department, provide probation supervision through seven judicial circuits. Caseloads are comprised of both juvenile and adult cases. The court sets the terms and conditions of probation.

Court Services Officers (CSOs) must have bachelor degrees. South Dakota certifies its CSOs. The Court Services Department trains CSOs in a mandatory annual professional development program. CSOs must receive 16 to 20 hours of continuing education each year.

If the youth is to be placed out of the home, the juvenile is committed to the Department of Corrections (DOC). Juvenile Corrections Agents, working in 17 offices across the state, interview juveniles to make placement recommendations while DOC makes placement decisions.

The Secretary of Corrections may order the release of a juvenile from the Department of Corrections (DOC) as a reward for good conduct upon satisfactory evidence of reformation. Also, the court may order a youth's release from DOC after a hearing to determine if release will promote the youth's best interests.

Juvenile Corrections Agents (JCA), from the Department of Corrections (DOC), provide aftercare services. JCAs maintain case management supervision and begin aftercare planning once a youth is placed in a DOC facility. The Department of Human Services operates one transitional living program for young men who cannot return home.

South Dakota’s purpose clause is rooted in the Standard Juvenile Court Act. Enacted in 1925 and revised numerous times, The Act proposed the idea the each child coming into court jurisdiction shall receive the care, guidance, and control that will be conducive to his welfare and to the best interest of the state.

Lower Age: 10

Upper Age: 17

Extended Age of Delinquency Jurisdiction: 20

Court Services Officers use the Youth Level of Service Inventory to determine levels of juvenile probation supervision. DOC uses the Youth Level of Service Inventory when making release decisions, but release decisions may or may not be based on the risk level. No data is available on the use of assessments for detention decisions.