26-11A-27. Powers and duties of monitor.
The monitor created in §26-11A-25 shall:
(1)Investigate incidents of abuse or neglect of such individuals within the juvenile corrections facilities, if the incidents are reported to the monitor or if there is reasonable suspicion to believe that the incidents occurred;
(2)Access any individual in the custody or care of juvenile corrections facilities and any employee in the employ of the State of South Dakota or any of its political subdivisions;
(3)Access any records of or relating to any individual in the custody or care of juvenile facilities;
(4)Provide a semi-annual report to the Governor, the Legislature, the Corrections Commission established by §1-15-1.13, the secretary of the Department of Human Services, and the secretary of the Department of Corrections. The report shall contain the activities of the monitor for the six-month period immediately prior to the report. Activities shall reflect the number of referrals to the monitor, the number of investigations completed, a brief description of any investigation that resulted in a finding of abuse or neglect, and a summary of other activities performed by the monitor;
(5)Provide training and assistance to employees of the Department of Corrections in areas within the scope of the monitor's position;
(6)Review Department of Corrections' policies dealing with juvenile's rights to ensure compliance with federal and state laws, rules, and policy;
(7)Provide reasonable notification of the existence and role of the monitor to all individuals in the custody or care of a juvenile corrections facility and the custodial parent or guardian;
(8)Submit a confidential addendum to each semiannual report to the Government Operations and Audit committee created in §2-6-2, the Governor, the secretary of the Department of Human Services, and the secretary of the Department of Corrections. This addendum shall contain a description of each case investigated, the specific findings and recommendations of the juvenile corrections monitor, and the Department of Corrections' response to the recommendations.
Source: SL 2000, ch 128, §4; SL 2002, ch 133, §1; SL 2007, ch 168, §2.
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.