Delinquency Services Summary
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. Counties administer secure detention. The Unified Judicial System's Court Services Department provides predisposition investigation and probation supervision services through seven judicial districts. The Department of Corrections administers the state's juvenile corrections continuum.

Court(s) with Delinquency Jurisdiction
Circuit Courts exercise jurisdiction over delinquency proceedings. Circuit Courts are general jurisdiction trial courts. For more information, visit the South Dakota Unified Judicial System's structure web page.

Highlights

South Dakota Complies with Federal JJDP Act
In Summer 2003, South Dakota enacted legislation that put it in compliance with the federal Juvenile Justice and Delinquency Prevention Act, making it eligible to receive more than half a million dollars in federal grants. Specifically, South Dakota was not in compliance with the requirement of sight and sound separation between juvenile and adult offenders. Because of this new legislation, state officials are trying to find alternatives to placing youth in jails where they may come into contact with adult offenders. As of September 2003, the state established five juvenile holdover sites and was considering electronic monitoring.

In addition, the South Dakota Unified Judicial System has recently started developing a centralized intake system for juvenile detention services. This system will use centralized sites for intake, a detention risk screen instrument, and a web-based menu of available services. It will collect data on the utilization of all detention services. The goal of the centralized intake project is to minimize the time it takes to access services, link a juvenile to the most appropriate service, and collect data so that limited financial resources will be targeted to produce the greatest effect. The project should be operational by the end of the current fiscal year. South Dakota Voices for Children is partnering with the South Dakota Unified Judicial System on this project.

Detention
County executive agencies administer South Dakota's seven secure detention facilities. In addition to pre-adjudication and pre-disposition holding and holding for placement, youth can be sentenced to secure detention as a disposition and for violating probation in South Dakota.

A youth may be detained if he or she meets certain criteria, including: (1) being a fugitive from another jurisdiction; (2) being charged with certain offenses; (3) being already held in detention or on conditional release in connection with another delinquency proceeding; and (4) having a demonstrable recent record of willful failures to appear for juvenile court proceedings, violent conduct, or adjudications for serious property offenses.

For information on alternatives to detention, detention reform, and detention screening, please read the Highlight.

Delinquency Intake Screening
Local prosecutors (county officials called state's attorneys) receive delinquency referrals from law enforcement, screen them for legal sufficiency, decide whether to handle cases formally or informally, and file the petition. Once a case is designated as formal, the court may also refer the case for formal adjustment.

Diversion
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.

Predisposition Investigation
Court Services Officers, within the Unified Judicial System's Court Services Department, prepare a predisposition report using a standard format. Court Services Officers may give recommendations and prepare social case histories when court-ordered.

Victim Rights and Services
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. Victims have the right to attend all hearings involving their offenders. Victims may also request that a juvenile be tested for blood-borne pathogen infection, if the court finds probable cause that the juvenile committed specified offenses. 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 must send notice of this intent to the committing court and to the prosecuting state's attorney. The state's attorney must then notify any victim of a crime of violence who was involved in the adjudication of the juvenile of the intended discharge of the youth.

In South Dakota, the Department of Social Services administers the crime victim compensation program.

Probation Supervision
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. Juvenile probation officers are stationed in a central location but spend a lot of time in the school/community. In the area of specialized probation, South Dakota has intensive juvenile probation, which is funded by the state. Court Services Officers carrying juvenile intensive probation caseloads supervise a maximum of 10 probationers per office.

The court sets the terms and conditions of probation. Juvenile probation officers are required to develop an individualized Supervision Plan in addition to the Conditions of Probation as set forth by the court. There is a set protocol for developing this plan. Court Services Officers use the Youth Level of Service Inventory to determine levels of juvenile probation supervision.

During the last three years, South Dakota has seen definite movement of reform toward the Best Practices of Probation. The philosophical approach that directs the practice of juvenile probation in South Dakota includes victim reparation, social work, and a balanced approach. For more information, visit the Unified Judicial System's Court Services Department's web page on probation.

The state is developing a plan to evaluate the interim or long-term effectiveness of the supervision of juvenile offenders.

Juvenile Probation Officer Qualifications, Certification, and Training
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. The Deputy State Court Administrator is the training monitor.

Juvenile Corrections Continuum
The Department of Corrections (DOC) administers juvenile institutions. DOC operates one boot camp for males, two group care programs for males, two licensed group care programs for females, and salaried foster care homes for males and females. The State Training School was closed in December of 2001.

Commitment to State
If the youth is to be placed out of the home, the juvenile is committed to the Department of Corrections (DOC). Commitments to DOC are mainly determinate; indeterminate on a very limited basis. Juvenile Corrections Agents, working in 17 offices across the state, interview juveniles to make placement recommendations while DOC makes placement decisions. DOC can place a juvenile in a juvenile correctional facility, group home, group care center, or residential treatment center. Other than short-term detention as part of a condition of probation, the Court Services Officers do not provide case management to youth in placement. There is monthly contact while the juvenile is in placement. When a juvenile is committed to DOC, DOC supervises that juvenile.

Blended Sentencing
The secretary of corrections may place a youth under age 18 who has been sentenced as an adult felon to a term of imprisonment in the penitentiary in a Department of Corrections juvenile facility. This section does not affect the youth's status as an adult offender and inmate of the penitentiary.

Direct Placement
The court can place a juvenile directly in a local or private placement only for chemical dependency placements and into short-term detention facilities. Direct placements to detention centers may not last longer than 90 days. The court may place the juvenile at the Human Services Center for examination and treatment. A Court Services Officer supervises the juvenile while he or she is in direct placement.

Release
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. The Secretary of Corrections has the right to appear at the hearing and resist the application. The juvenile court may order the Secretary of Corrections to appear and show cause why the court should not order the youth's release from the DOC.

Within 30 days after a juvenile is committed to the DOC and every 90 days thereafter while the juvenile remains in a correctional placement, the DOC must file a written report with the court that committed the youth that contains: the results of any assessments of the youth concerning the youth's emotional, mental, educational, psychological, psychiatric, medical, physical, or health status and needs; information regarding the placement of the youth within particular programs administered by DOC; and progress of the youth in programs administered by DOC. DOC uses the Youth Level of Service Inventory, but release decisions may or may not be based on the risk level.

Aftercare/Re-entry
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 is participating in the Office of Justice Program's Serious and Violent Offender Reentry Initiative. For information about South Dakota's involvement, click here. By visiting the State Activities & Resources page, users can read about how other states are using their grants. Descriptions of programs for juveniles follow the descriptions of programs for adults, where applicable.

State Laws

Legal Resources
South Dakota Codified Laws, Title 26, Minors

South Dakota State Bar Association

Purpose Clauses
To read South Dakota's purpose clause for delinquency proceedings, click here.

Delinquency Jurisdiction (as of the end of the 2005 legislative session)
Lower Age: 10
Upper Age: 17
Extended Age of Delinquency Jurisdiction: 20

Juvenile Transfer Laws
For information on South Dakota's juvenile transfer laws, click here.

Juvenile Justice Leadership

Council of Juvenile Services
In 2003, the South Dakota Legislature established a 20-member Council of Juvenile Services to serve as the State Advisory Group. The Council allocates and disburses federal funding and insures compliance with the core requirements of the JJDP Act of 1974.

Resources/Contacts
Council of Juvenile Services
Department of Social Services, Crime Victims' Compensation
South Dakota Corrections Association
South Dakota Department of Corrections (SAG)
South Dakota State Bar Association
South Dakota Unified Judicial System
South Dakota Voices for Children

Jodi Heath Kirschenman
Juvenile Justice Specialist
State Advisory Group
Department of Corrections
415 N. Dakota Avenue
Sioux Falls, SD 57104
Phone: (605) 367-4653
Fax:(605) 367-5625

The National Center for Juvenile Justice strives to make each State Profile as accurate as possible. Please bring any errors, updates, or additions to the attention of the State Profiles project manager. Persons listed as state contacts are not responsible for information contained in these profiles.

© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice

Citation: National Center for Juvenile Justice. 2006. "South Dakota." State Juvenile Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.