South Dakota Codified Laws
Chapter 11A - Juvenile Correctional Facilities And Programs
Section 26-11A-23 - Use of restraints prohibited--Exceptions--"Restraints" defined.

26-11A-23. Use of restraints prohibited--Exceptions--"Restraints" defined.
No agent or employee of the Department of Corrections may use or employ restraints upon a juvenile committed to the Department of Corrections except:
(1)To prevent imminent bodily harm;
(2)As a precaution against escape or to prevent an escape;
(3)To prevent imminent property damages; or
(4)When reasonable under emergency circumstances.
For purposes of this section, restraints are handcuffs, legcuffs, restraint belts, and tethers made of fabric, metal, plastic, or leather; restraint boards, restraint chairs, swaddle beds, and mechanisms to secure cuffs to a bed, restraint board, or chair.

Source: SL 2000, ch 127, ยง1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 26 - Minors

Chapter 11A - Juvenile Correctional Facilities And Programs

Section 26-11A-1 - Establishment, maintenance, and operation of 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-3 - Liability for medical and related services cost for committed juvenile--Securing payment on failure of responsible party to pay.

Section 26-11A-4 - Prohibition against court's commitment of juvenile to specific department facility or program.

Section 26-11A-5 - Age limit for juvenile within departmental jurisdiction.

Section 26-11A-6 - Age limit for placement of child sentenced as adult into juvenile facility--Affect on status.

Section 26-11A-7 - Jurisdiction and custody of adjudicated juvenile.

Section 26-11A-8 - Extent of security and treatment services for committed juvenile--Placement of 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-10 - Placement contracts regarding juveniles and other states--Transfer of custody--Effect on juvenile's legal rights.

Section 26-11A-11 - Custodian of person of juvenile.

Section 26-11A-12 - Aftercare supervision program for juveniles conditionally released--Foster care--Terms, conditions, and duration of aftercare given in writing.

Section 26-11A-13 - Failure to comply with terms and conditions of aftercare--Duration of temporary detention or shelter--Violations.

Section 26-11A-14 - Temporary detention or shelter hearing--Timing--Orders of hearing officer--Holding of juvenile pending hearing.

Section 26-11A-15 - Aftercare revocation--Hearing--Notice--Written statement of allegations--Witnesses and evidence--Representation.

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-20 - Grounds for discharge of juvenile--Department's jurisdiction ends at age twenty-one.

Section 26-11A-20.1 - Risk and needs evaluation required for juvenile who is not discharged by age nineteen.

Section 26-11A-21 - Restoration of juvenile to custody of parent or guardian--Appointment of new guardian.

Section 26-11A-22 - Committing court to receive notice of intent to discharge juvenile--State's attorney to notify any involved victim.

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-26 - Allegations of abuse within juvenile corrections facilities to be reported to monitor.

Section 26-11A-27 - Powers and duties of monitor.

Section 26-11A-27.1 - Certification that report of activities of monitor does not disclose juvenile's or other person's identity.

Section 26-11A-28 - Monitor to report findings of abuse or neglect.

Section 26-11A-30 - Disclosure of identities of juveniles or others requesting assistance not required--Identity of person reporting to monitor to remain confidential.

Section 26-11A-31 - Knowingly hindering actions of monitor as misdemeanor.

Section 26-11A-32 - Retaliatory acts against individual who cooperates with monitor prohibited--Violation as misdemeanor .

Section 26-11A-33 - Identities of persons or agencies reporting to monitor to remain confidential.

Section 26-11A-33.1 - Confidential report of allegations of abuse and neglect within private contracted facilities.

Section 26-11A-34 - Records to be provided to the court and Department of Social Services.