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State of South Dakota
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SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
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SENATE ENGROSSED
NO.
SB 47
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01/31/2002
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Introduced by:
The Committee on State Affairs at the request of the Department of
Corrections
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FOR AN ACT ENTITLED, An Act to
authorize the Department of Corrections to release
juvenile information to the adult corrections system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-7A-28 be amended to read as follows:
26-7A-28. No fingerprint, photograph, name, address, or other information concerning the identity of any child taken into temporary custody or issued a summons under this chapter or chapter 26-8A, 26-8B, or 26-8C may be released or transmitted to the Federal Bureau of Investigation or any other person or agency except in the following instances:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-7A-28 be amended to read as follows:
26-7A-28. No fingerprint, photograph, name, address, or other information concerning the identity of any child taken into temporary custody or issued a summons under this chapter or chapter 26-8A, 26-8B, or 26-8C may be released or transmitted to the Federal Bureau of Investigation or any other person or agency except in the following instances:
(1)
To the person or party specifically authorized by order of the court;
and
(2)
To courts, law enforcement agencies, prosecuting attorneys, court services officers,
and the Department of Social Services if the child is an adjudicated delinquent
offender
; and
(3) From the Juvenile Division of the Department of Corrections to the Adult Division
of the Department of Corrections for any person that had previously been committed
to the Department of Corrections as a juvenile and is now incarcerated or on parole
as an adult under the Department of Corrections
.
Information regarding an alleged, apparent, or adjudicated abused or neglected child may be
released only in accordance with
§
26-8A-13.
Any information about a juvenile released by a
juvenile correctional facility or program to the Department of Corrections pursuant to this
section shall be destroyed by the Department of Corrections within four years of its receipt.
Section 2. That § 26-7A-29 be amended to read as follows:
26-7A-29. Notwithstanding § § 26-7A-27 and 26-7A-28, information concerning children may be released, pursuant to an order of the court, to persons or agencies who have a legitimate interest in the child, to the child's parents, guardian, or custodian, or to the child's attorney. The Department of Social Services may release information pursuant to provisions of § 26-8A-13 regarding apparent, alleged, or adjudicated abused or neglected children. Any correctional or detention facility may release information concerning any child to any other correctional or detention facility that has a legitimate interest in the child. Any juvenile correctional facility or program may release information to an adult correctional facility or program for treatment and classification purposes of a person that has previously been committed to the Department of Corrections as a juvenile and is now incarcerated or on parole as an adult under the Department of Corrections. Any information about a juvenile released by a juvenile correctional facility or program to the Department of Corrections pursuant to this section shall be destroyed by the Department of Corrections within two years of its receipt.
Section 2. That § 26-7A-29 be amended to read as follows:
26-7A-29. Notwithstanding § § 26-7A-27 and 26-7A-28, information concerning children may be released, pursuant to an order of the court, to persons or agencies who have a legitimate interest in the child, to the child's parents, guardian, or custodian, or to the child's attorney. The Department of Social Services may release information pursuant to provisions of § 26-8A-13 regarding apparent, alleged, or adjudicated abused or neglected children. Any correctional or detention facility may release information concerning any child to any other correctional or detention facility that has a legitimate interest in the child. Any juvenile correctional facility or program may release information to an adult correctional facility or program for treatment and classification purposes of a person that has previously been committed to the Department of Corrections as a juvenile and is now incarcerated or on parole as an adult under the Department of Corrections. Any information about a juvenile released by a juvenile correctional facility or program to the Department of Corrections pursuant to this section shall be destroyed by the Department of Corrections within two years of its receipt.
