26-11A-14. Temporary detention or shelter hearing--Timing--Orders of hearing officer--Holding of juvenile pending hearing.
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 supervision are not being served.
The temporary detention or shelter hearing shall be held within twenty-four hours, excluding Saturdays, Sundays, and holidays of the juvenile being placed in temporary detention or shelter.
The independent hearing officer shall either order that:
(1)Probable cause exists and the juvenile shall be held in temporary detention or shelter or returned to a Department of Corrections juvenile facility pending an aftercare supervision revocation hearing pursuant to §§26-11A-15 and 26-11A-16; or
(2)Probable cause does not exist and the juvenile shall be released for continued aftercare supervision.
No juvenile may be held in temporary detention or shelter or at a Department of Corrections juvenile facility pending an aftercare supervision revocation hearing for more than thirty days.
Source: SL 1996, ch 172, §64.
Structure South Dakota Codified Laws
Chapter 11A - Juvenile Correctional Facilities And Programs
Section 26-11A-1.4 - Department authorized to lease former state property--Disposition of revenue.
Section 26-11A-2 - Acceptance and expenditure of funds--Approval.
Section 26-11A-5 - Age limit for juvenile within departmental jurisdiction.
Section 26-11A-7 - Jurisdiction and custody of adjudicated juvenile.
Section 26-11A-8.1 - Treatment and aftercare plans--Treatment team meetings.
Section 26-11A-9 - Transfer of juvenile after initial placement.
Section 26-11A-11 - Custodian of person of juvenile.
Section 26-11A-16 - Finding of violation or frustration of purpose--Continuance of aftercare.
Section 26-11A-17 - Release of juvenile for continuance of aftercare.
Section 26-11A-18 - Form of hearings.
Section 26-11A-19 - Reimbursement of expenses--Procedure.
Section 26-11A-23 - Use of restraints prohibited--Exceptions--"Restraints" defined.
Section 26-11A-24 - Definition of terms.
Section 26-11A-25 - Monitor within juvenile corrections system--Primary duty.
Section 26-11A-27 - Powers and duties of monitor.
Section 26-11A-28 - Monitor to report findings of abuse or neglect.
Section 26-11A-31 - Knowingly hindering actions of monitor as misdemeanor.
Section 26-11A-33 - Identities of persons or agencies reporting to monitor to remain confidential.
Section 26-11A-34 - Records to be provided to the court and Department of Social Services.