FOR AN ACT ENTITLED, An Act to
require the Department of Corrections to seek
membership in the Performance-based Standards Project.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
The Department of Corrections shall seek membership in the Performance-based
Standards Project sponsored by the Office of Juvenile Justice and Delinquency Prevention,
United States Department of Justice. The Department of Corrections shall apply for membership
as an implementation site and shall sign an agreement with the Council of Juvenile Correctional
Administrators, hereinafter referred to as the council, committing adequate resources to
complete the data collection cycles and facility improvement plans.
Section
2.
If the membership application in section 1 of this Act is approved, the Department
of Corrections shall apply to the council for demonstrated program funding provided by the
Office of Juvenile Justice Delinquency Prevention to support changes and actions outlined in
facility improvement plans.
Section
3.
If the membership application in section 1 of this Act is approved, the department
may request federal spending authority from the committee created in
§
4-8A-2.
Section
4.
If the membership application in section 1 of this Act is approved, the Department
of Corrections shall appoint at least one manager who shall organize and supervise agency
resources and activities to achieve membership and completion of designated programs.
Section
5.
No child in the custody of the Department of Corrections may be placed in any
juvenile corrections program unless that program is actively seeking membership in the
Performance-based Standards Project, has completed designated programs involved with
membership in the council, is actively seeking accreditation through application, is licensed as
a child welfare agency by the Department of Social Services, or is accredited by the American
Corrections Association, the Joint Commission on Accreditation of Health Care Organizations,
or any other nationally accepted accreditation or certification and that has requirements that are
substantially equivalent to, or more comprehensive than, those of the Council of Juvenile
Correctional Administrators.
Section
6.
The Department of Corrections shall write a report detailing the assessments made
by the council and the actions taken by the department. The Department of Corrections shall
present the report semiannually to the Corrections Commission, established in
§
1-15-1.13,
beginning on June 30, 2002. The department shall present the report to the Governor and the
Legislature annually, beginning on January 1, 2003.