AN ACT
ENTITLED, An Act to
permit the court to assess the crime victims' compensation surcharge in cases
involving certain adjudicated children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-8C-7 be amended to read as follows:
26-8C-7. If a child has been adjudicated as a delinquent child, the court shall enter a decree of disposition according to the least restrictive alternative available in keeping with the best interests of the child. The decree shall contain one or more of the following alternatives:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-8C-7 be amended to read as follows:
26-8C-7. If a child has been adjudicated as a delinquent child, the court shall enter a decree of disposition according to the least restrictive alternative available in keeping with the best interests of the child. The decree shall contain one or more of the following alternatives:
(1)
The court may make any one or more of the dispositions in § 26-8B-6, except that a
delinquent child may be incarcerated in a detention facility established pursuant to
provisions of chapter 26-7A for not more than ninety days, which may be in addition to
any period of temporary custody;
(2)
The court may impose a fine not to exceed one thousand dollars;
(3)
The court may place the child on probation under the supervision of a court services
officer or another designated individual. The child may be required as a condition of
probation to report for assignment to a supervised work program, provided the child is not
deprived of the schooling that is appropriate for the child's age, needs, and specific
rehabilitative goals. The supervised work program shall be of a constructive nature
designed to promote rehabilitation, appropriate to the age level and physical ability of the
child, and shall be combined with counseling by the court services officer or other
guidance personnel. The supervised work program assignment shall be made for a period
of time consistent with the child's best interests, but for not more than ninety days;
(4)
The court may place the child at the Human Services Center for examination and
treatment;
(5)
The court may commit the child to the Department of Corrections;
(6)
The court may place the child in a detention facility for not more than ninety days, which
may be in addition to any period of temporary custody;
(7)
The court may place the child in an alternative educational program;
(8)
The court may order the suspension or revocation of the child's driving privilege or
restrict the privilege in such manner as it sees fit, including requiring that financial
responsibility be proved and maintained;
(9)
The court may assess or charge costs and fees permitted by §§ 16-2-41, 23-3-52, 23A-27-
26, 23A-28B-42, and 23A-27-27 against the child, parent, guardian, custodian, or other
party responsible for the child.
Section 2. That § 26-8B-6 be amended to read as follows:
26-8B-6. If a child has been adjudicated as a child in need of supervision, the court shall enter a decree of disposition according to the least restrictive alternative available in keeping with the best interests of the child. The decree shall contain one or more of the following alternatives:
Section 2. That § 26-8B-6 be amended to read as follows:
26-8B-6. If a child has been adjudicated as a child in need of supervision, the court shall enter a decree of disposition according to the least restrictive alternative available in keeping with the best interests of the child. The decree shall contain one or more of the following alternatives:
(1)
The court may place the child on probation or under protective supervision in the custody
of one or both parents, guardian, custodian, relative, or another suitable person under
conditions imposed by the court;
(2)
The court may require as a condition of probation that the child report for assignment to
a supervised work program, provided the child is not placed in a detention facility and is
not deprived of the schooling that is appropriate to the child's age, needs, and specific
rehabilitative goals. The supervised work program shall be of a constructive nature
designed to promote rehabilitation, shall be appropriate to the age level and physical
ability of the child, and shall be combined with counseling by a court services officer or
other guidance personnel. The supervised work program assignment shall be made for a
period of time consistent with the child's best interests, but may not exceed ninety days;
(3)
If the court finds that the child has violated a valid court order, the court may place the
child in a detention facility for not more than ninety days, which may be in addition to any
period of temporary custody, for purposes of disposition if:
(a)
The child is not deprived of the schooling that is appropriate for the child's age,
needs, and specific rehabilitative goals;
(b)
The child had a due process hearing before the order was issued; and
(c)
A plan of disposition from a court services officer is provided to the court;
(4)
The court may require the child to pay for any damage done to property or for medical
expenses under conditions set by the court if payment can be enforced without serious
hardship or injustice to the child;
(5)
The court may commit the child to the Department of Corrections for placement in a
juvenile correctional facility, foster home, group home, group care center, residential
treatment center, or other community-based services, if those community-based services
were not provided prior to commitment, pursuant to chapter 26-11A. Prior to placement
in a juvenile correctional facility, an interagency team comprised of representatives from
the Department of Human Services, Department of Social Services, Department of
Education, the Department of Corrections, and the Unified Judicial System shall make a
written finding that placement at a Department of Corrections facility is the least
restrictive placement commensurate with the best interests of the child. Subsequent
placement in any other Department of Corrections facility may be authorized without an
interagency review;
(6)
The court may place a child in an alternative educational program;
(7)
The court may order the child to be examined and treated at the Human Services Center;
(8)
The court may impose a fine not to exceed five hundred dollars;
(9)
The court may order the suspension or revocation of the child's driving privilege or
restrict the privilege in such manner as the court sees fit or as required by § 32-12-52.4,
including requiring that financial responsibility be proved and maintained;
(10)
The court may assess or charge the same costs and fees as permitted by §§ 16-2-41, 23-3-
52, 23A-27-26, 23A-28B-42, and 23A-27-27 against the child, parent, guardian,
custodian, or other party responsible for the child.
No adjudicated child in need of supervision may be incarcerated in a detention facility except
as provided in subdivision (3) or (5) of this section.
An Act to permit the court to assess the crime victims' compensation surcharge in cases involving certain adjudicated children.
An Act to permit the court to assess the crime victims' compensation surcharge in cases involving certain adjudicated children.
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I certify that the attached Act originated in the
HOUSE as
Bill
No.
1131
____________________________ Chief Clerk ____________________________ Speaker of the House
Attest:
____________________________ Chief Clerk
____________________________
Attest:
____________________________ Secretary of the Senate
House
Bill
No.
1131
File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________ for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________ Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
