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State of South Dakota
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SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
| 894H0621 |
HOUSE ENGROSSED
NO.
HB 1253
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02/07/2002
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Introduced by:
Representatives Gillespie, Bartling, Bradford, Burg, Davis, Elliott, Flowers,
Hargens, Hennies (Thomas), Kloucek, McCoy, Nachtigal, Nesselhuf, Olson
(Mel), Valandra, and Van Norman and Senators McIntyre, de Hueck,
Dennert, Hutmacher, Koetzle, Moore, Staggers, and Sutton (Dan)
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FOR AN ACT ENTITLED, An Act to
revise certain provisions pertaining to the juvenile
corrections monitor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-11A-27 be amended to read as follows:
26-11A-27. The monitor created in § 26-11A-25
may
shall
:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-11A-27 be amended to read as follows:
26-11A-27. The monitor created in § 26-11A-25
(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
an annual
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
fiscal year
six-month period
immediately prior to the report. Activities shall reflect the number of referrals to the
monitor, the number of investigations completed, results of the investigations,
corrective actions taken, 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
.
Section 2. That § 26-11A-29 be repealed.
26-11A-29.
The Department of Corrections or such other executive branch agency that the
Governor directs, shall, on or before December 1, 2000, submit to the Government Operations
and Audit Committee a report and recommendation regarding the desirability and feasibility of
the Department of Corrections seeking American Correctional Association accreditation of all
juvenile corrections facilities under the direction of the Governor.
Section 2. That § 26-11A-29 be repealed.
