South Dakota Codified Laws
Chapter 08D - Juvenile Justice Public Safety Improvement
Section 26-8D-1 - Definitions.

26-8D-1. Definitions.
Terms used in this chapter mean:
(1)"Community response team" or "team," a support team tasked with finding viable community resources to help rehabilitate delinquent children and children in need of supervision in community-based settings who are at risk for commitment to the Department of Corrections;
(2)"Juvenile cited violation," designated delinquency or children in need of supervision violation handled by law enforcement with the uniform traffic ticket pursuant to §23-1A-2;
(3)"Juvenile Justice Oversight Council," the council established by §26-8D-7;
(4)"Quality assured," monitored to determine the extent to which individuals delivering treatment to juveniles are administering that treatment consistently and as designed;
(5)"Recidivism," for the Department of Corrections for the purposes of this chapter, within one year, two years, or three years of discharge from the custody of the Department of Corrections, a juvenile commitment or conviction in adult court for a felony resulting in a sentence to the Department of Corrections. For the Unified Judicial System for the purposes of this chapter, the term means being adjudicated delinquent while on probation or adjudicated delinquent or convicted of a felony in adult court within one year, two years, or three years after discharge from juvenile probation;
(6)"Risk factors," characteristics and behaviors that, when addressed or changed, affect a child's risk for committing delinquent acts. The term includes prior and current offense history, antisocial behavior, antisocial personality, attitude and thinking about delinquent activity, family dysfunction, low levels of education or engagement in school, poor use of leisure time and recreation, and substance abuse;
(7)"Specialized transition services," independent living; foster care; respite; crisis stabilization; short-term assessment; a residential setting intended to transition the juvenile from a residential treatment center, intensive residential treatment center, or more restrictive group care or juvenile corrections facility; or other transitional setting authorized by the secretary of the Department of Corrections;
(8)"Treatment," when used in a juvenile justice context, targeted interventions that utilize evidence-based practices to focus on juvenile risk factors, to improve mental health, and to reduce the likelihood of delinquent behavior;
(9)"Validated risk and needs assessment," a tool scientifically proven to identify factors for delinquency and predict a child's risk to reoffend.

Source: SL 2015, ch 152, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 26 - Minors

Chapter 08D - Juvenile Justice Public Safety Improvement

Section 26-8D-1 - Definitions.

Section 26-8D-2 - Fiscal incentive program for diversion opportunities--Requirements.

Section 26-8D-3 - Treatment for juvenile system involved youth.

Section 26-8D-4 - Collection and report of treatment program referral and completion data.

Section 26-8D-5 - Evaluation and recommendations to improve outcomes for Native American children in juvenile justice system.

Section 26-8D-6 - Report of evaluation and recommendations.

Section 26-8D-7 - Juvenile Justice Oversight Council established.

Section 26-8D-8 - Council members.

Section 26-8D-9 - Council meetings--Tasks.

Section 26-8D-10 - Community response teams--Confidentiality of records.

Section 26-8D-11 - Promulgation of rules regarding community response teams.

Section 26-8D-12 - Report of nonidentifying aggregate data for jurisdictions where community response team established.

Section 26-8D-13 - Recipients of community services--Liability.

Section 26-8D-14 - Findings of fact and conclusions of law justifying need for extended detention.

Section 26-8D-15 - Unified Judicial System semiannual report to oversight council--Contents.

Section 26-8D-16 - Unified Judicial System semiannual report to oversight council on probation.

Section 26-8D-17 - Placement in group care facility--Performance-based reimbursement--Juvenile corrections facilities to operate programs to achieve treatment goals and release to aftercare.

Section 26-8D-18 - Placement in residential treatment center or intensive residential treatment center--Performance-based reimbursement.

Section 26-8D-19 - Department of Corrections semiannual report to oversight council--Contents.

Section 26-8D-20 - Department of Corrections semiannual report to oversight council on aftercare.

Section 26-8D-21 - Juvenile justice detention cost-sharing fund created.

Section 26-8D-22 - Participating and nonparticipating counties.

Section 26-8D-23 - Reimbursement of participating counties.

Section 26-8D-24 - Amount of reimbursement.