FOR AN ACT ENTITLED, An Act to  provide for a bill of rights for children in the care of the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  The Legislature finds that children in the care of the state continue to be citizens protected by the United States Constitution and the Constitution of the State of South Dakota. Their civil liberties should not be restricted more than necessary to prevent escape from custody. Children have highly protected associational rights with their parents and families. They also have educational rights that rarely come into discussions of adult's rights. To implement these general principles, the Legislature recognizes the following rights of children in the care of the state:

             (1)    The right to freedom of speech:

             (a)    Uncensored communications with their families, the press, legal service providers and advocacy organizations, government agents and officials, and elected representatives, absent a showing of an attempt to use correspondence in furtherance of escape;

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             (2)    The right to freedom of religion:

             (a)    Possession of religious, spiritual, or moral treatises and supplies necessary to the practice of each child's individual religion;

             (b)    Visitation with religious, spiritual, or moral leaders or teachers of the child's religious persuasion;

             (c)    Diet acceptable to the child's religion;

             (d)    Release from normal prison activities at times appropriate and necessary to the practice of the child's religion;

             (3)    The right to associate with their families and friends:

             (a)    Clear, uniform, written, published rules of contact which facilitate rather than hamper maintaining the parent-child bond;

             (b)    Weekly visitation with parents which should not be revoked as a means of discipline;

             (c)    Reasonable visitation with extended family members and friends;

             (d)    Next day visitation with their parents after any significant injury or episode such as fainting, seizure, asthma attack, or suicide attempt;

             (e)    Twice weekly telephone calls to their parents; and

             (f)    Reasonable telephone access to contact others;

             (g)    Reasonable releases to attend significant family events, such as sickbeds, funerals, weddings, and births;

             (4)    The right to protection from cruel and unusual punishment:

             (a)    Minor offenses or status offenses should not be subjected to the same restraints and punishments as violent offenses;

             (b)    Children in need of supervision should not be incarcerated and they should

always be kept separate from violent delinquents;

             (c)    Use of force should be limited to the minimum necessary to prevent injury;

             (d)    Use of restraints should be limited both in duration and in situation when applied and it should be used only to prevent imminent physical harm to self or others. Four pointing, spine boarding, and hog tying should be specifically prohibited;

             (e)    Discipline should be used rather than punishment;

             (f)    Solitary confinement should not be used for extended periods of time;

             (g)    Mattresses and bedding should not be denied;

             (h)    Food should not be used as a form of discipline;

             (i)    An ombudsman should investigate alleged abuses of discipline and use of force policies;

             (5)    The right to due process of law:

             (a)    Children who enter the system as children in need of supervision should not be treated as delinquents without a hearing before a judge and legal representation;

             (6)    The right to education:

             (a)    Children should attend classes regardless of disciplinary status or facility staffing needs;

             (b)    Each child in state custody should be academically evaluated and assigned an educational program that is appropriate to that child;

             (c)    State facilities should have a full range of educational opportunities available to address both the learning disabled and the gifted;

             (7)    The right to adequate health care and a healthy living environment:

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             (a)    Health care should be provided by qualified medical professionals;

             (b)    Mental health care should be provided on a regular, consistent, and frequent basis;

             (c)    As part of their mental health care children should be treated with dignity at all times;

             (d)    Mental health care should continue for a reasonable period after release from incarceration;

             (e)    Living areas and cells should be adequately heated and cooled;

             (f)    Sleeping arrangements should include mattresses and bedding;

             (g)    Clothing should be adequate to maintain a comfortable body temperature;

             (h)    Food should be nutritionally balanced and reasonably palatable.
     Section  2.  This Act shall be known as Gina's Law.