2017 Session Laws

CHAPTER 116

(SB 83)

Criteria for informal adjustment
for any apparent child in need of supervision.


        ENTITLED, An Act to revise certain provisions relating to the criteria for informal adjustment for any apparent child in need of supervision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 26-7A-11.1 be amended to read:

    26-7A-11.1. Any apparent child in need of supervision or any apparent delinquent child shall be referred for informal adjustment or informal action pursuant to subdivision 26-7A-10(4) if the following criteria are met:

            (1)    The child has no prior adjudications;

            (2)    The child has had no informal adjustment or informal action within the last twelve months;

            (3)    The child is an apparent child in need of supervision pursuant to § 26-8B-2 or an apparent delinquent pursuant to § 26-8C-2 and the alleged conduct constitutes a misdemeanor;

            (4)    The child's alleged conduct did not include use of violence or force against another; and

            (5)    All of the requirements in § 26-7A-11 are met.

    If the state's attorney has good cause to believe that informal adjustment or informal action is insufficient to meet the purposes of this chapter and chapters 26-8B and 26-8C, the state's attorney may file a delinquency or child in need of supervision petition pursuant to subdivision 26-7A-10(5). The petition shall include notice of the departure from informal adjustment or informal action and notice to the child of the child's right to move for informal adjustment or informal action. Upon motion of the child and upon a finding that no good cause exists, the court may refer the child to informal adjustment or informal action pursuant to subdivision 26-7A-10(4).

     Signed March 6, 2017
_______________