26-8E-1
Policy of the judicial system.
26-8E-2
Statewide use of response grids.
26-8E-3
Incentives grid.
26-8E-4
Response grids to be standard condition of probation.
26-8E-5
Conduct requiring probation violation report--Modification or revocation of
probation.
26-8E-6
Sanctions grid--Documentation for sanction or incentive.
26-8E-7
Factors for imposing sanction--Positive reinforcement.
26-8E-8
Detention.
26-8E-9
Term of probation.
26-8E-10
Juvenile response grid oversight committee.
26-8E-11
Sentencing court's authority not limited.
APPENDIX A.
APPENDIX B.
26-8E-1. Policy of the judicial system.
Pursuant to § 26-7A-125, the Supreme Court hereby adopts the following juvenile graduated response grid and rules to guide court services officers in determining the appropriate response to a violation or compliance with the conditions of juvenile probation. It is the policy of the Unified Judicial System that violations of probation be addressed in a timely, consistent and reasonable manner by use of a graduated response grid. The use of graduated sanctions and incentives is intended to achieve public safety by holding juvenile offenders accountable for their behavior and reinforcing positive behavior.
Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
26-8E-2. Statewide use of response grids.
The response grids in Appendix A and Appendix B to this chapter are hereby adopted for statewide use by court services officers. The response grids shall be utilized statewide for all juvenile delinquency and child in need of supervision (CHINS) cases supervised through court services.
Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
26-8E-3. Incentives grid.
Court services officers should utilize the incentives grid to provide incentives for compliance with the conditions of probation. Incentives should be individualized to the juvenile and provided in a manner that acknowledges achievements and reinforces positive behavior.
Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
26-8E-4. Response grids to be standard condition of probation.
These response grids shall be made a standard condition of juvenile probation and the juvenile probationer shall be informed that they may seek review of any moderate or serious sanction imposed by requesting review by the chief court services officer for the judicial circuit. In the event the supervising court services officer is the chief court services officer, the probationer may request review of such determination by a chief court services officer from another judicial circuit which shall be assigned by the director of trial court services. The decision made by the chief court services officer concerning the imposition of a sanction is final. Any requests for review shall be documented by the court services officer.
Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
26-8E-5. Conduct requiring probation violation report--Modification or revocation of probation.
The response grid applies to conduct that is a violation of the terms and conditions of juvenile probation including an arrest for a new offense. If a juvenile probationer is arrested for a violent offense or an offense that involves substantial threat of violence or a sex offense the court services officer shall submit a probation violation report to the state's attorney and file a petition to modify or revoke probation with the court. If a juvenile probationer's conduct demonstrates a significant risk to public safety the court services officer shall immediately submit a probation violation report.
Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
26-8E-6. Sanctions grid--Documentation for sanction or incentive.
A court services officer shall respond to a violation through the application of the sanctions grid by utilizing the appropriate cells based on the juvenile probationer's risk level and the type of violation. The imposition of sanctions within a grid cell is vested to the discretion of the supervising court services officer. A court services officer may deviate up or down from the cell with supervisor approval. Not all responses in each grid may be appropriate for all violations or for all juvenile probationers. Graduated responses may be used individually or in combination and include formal and informal responses to probation violations. The imposition of any sanction or incentive shall be documented by the court services officer.
Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
26-8E-7. Factors for imposing sanction--Positive reinforcement.
Court services officers shall consider the risk the juvenile probationer poses to the community, the severity of any violation, prior history on probation, previous violations or sanctions, and the deterrent effect when imposing a sanction. The court services officer shall also employ positive reinforcement for a probationer's compliance with the conditions of supervision and completion of benchmarks during the term of supervision.
Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
26-8E-8. Detention.
Detention shall only be requested in conjunction with the filing of a formal petition to modify or revoke probation.
Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
26-8E-9. Term of probation.
A sanction cannot extend the term of probation.
Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
26-8E-10. Juvenile response grid oversight committee.
There is hereby established a juvenile response grid oversight committee to consider recommendations to the graduated response grid and make such changes as the committee determines appropriate by majority vote. The committee shall be appointed by the Chief Justice of the South Dakota Supreme Court. The committee shall consist of nine members and be composed of two judges, two chief court services officers, one deputy chief court services officer, two court services officers that are not chief or deputy chief court services officers, one state's attorney and one defense attorney. The director of trial court services shall also serve as a non-voting member of the committee. The committee shall meet within 180 days from appointment and at least annually thereafter.
Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
26-8E-11. Sentencing court's authority not limited.
Nothing in this chapter shall be construed to limit the sentencing court's ability to respond to a probation violation or modify the terms and conditions of probation.
Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
South Dakota's Juvenile Supervisory Responses (JSR)
-Sanctions-
| Undesired Behavior- Severity Level | Low/Admin Risk Juvenile (YLS) |
Medium Risk Juvenile
(YLS) |
High Risk Juvenile (YLS) |
|
Minor 1 . Disruptive Behaviors/Disobedience 2 . Dishonesty 3 . Failure to Complete Assignment/Directive 4 . Truancy 5 . Failure to Attend Probation Meeting 6 . Association with Prohibited Peers 7 . Failure to Pay Court-Ordered Financials 8 . Failure to Complete Community Service 9 . School Infractions 10 . Runaway 11 . Driving without Permission 12 . Positive Drug Test 13 . PBT of .07 or lower 14 . House Arrest Violation 15 . Intimidating/Threatening Others 16 . Gang Association (minor- colors, drawings etc.) 17 . Curfew Violation 18 . Missed Programming Appointment (first time) 19 . Refusal to UA/PBT 20 . Admitted Ingestion |
1 .
Verbal
Consequence
2 . Adjust Curfew 3 . Homework Verification 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . Increase Face to Face 9 . Increase Phone Contact 10 . Limit Overnight with Friends 11 . Parent Proposed Sanction 12 . Parent-Child Conference 13 . Restrict Privileges/Friends 14 . School Progress Reports 15 . Written Assignment 16 . Youth Proposed Sanction 1 . Discretion of CSO, Appropriate per Violation |
1 .
Verbal
Consequence
2 . Adjust Curfew 3 . Homework Verification 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . Increase Face to Face 9 . Increase Phone Contact 10 . Limit Overnight with Friends 11 . Parent Proposed Sanction 12 . Parent-Child Conference 13 . Restrict Privileges/Friends 14 . School Progress Reports 15 . Written Assignment 16 . Youth Proposed Sanction 17 . Behavior Modification Group 18 . Discretion of CSO, Appropriate per Violation |
1 .
Verbal
Consequence
2 . Adjust Curfew 3 . Homework Verification 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . Increase Face to Face 9 . Increase Phone Contact 10 . Limit Overnight with Friends 11 . Parent Proposed Sanction 12 . Parent-Child Conference 13 . Restrict Privileges/Friends 14 . School Progress Reports 15 . Written Assignment 16 . Youth Proposed Sanction 17 . Scheduled Problem-solving meeting with CSO 18 . Behavior Modification Group 19 . Discretion of CSO, Appropriate per Violation |
|
Moderate 1 . Continuous or Repetitive Undesired Minor Behaviors 2 . New Nonviolent Offense 3 . Gang Involvement-Moderate Vandalism, Graffiti etc. 4 . Discharged Unsuccessfully from Programming 5 . PBT of .08 or Higher |
1 .
Verbal
Consequence
2 . Adjust Curfew 3 . Behavior Modification Group 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . House Arrest 9 . Increase Face to Face 10 . Increase Phone Contact 11 . Limit Overnight with Friends 12 . Parent Proposed Sanction 13 . Parent-Child Conference 14 . Restrict Privileges/Friends 15 . School Progress Reports 16 . Weekly Counseling Reports 17 . Written Assignment 18 . Youth Proposed Sanction 19 . Scheduled Problem-Solving Meeting with CSO 20 . Review of Future sanctions if Behaviors Continue 21 . Day/Evening Reporting |
1 .
Verbal
Consequence
2 . Adjust Curfew 3 . Behavior Modification Group 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . House Arrest 9 . Increase Face to Face 10 . Increase Phone Contact 11 . Limit Overnight with Friends 12 . Parent Proposed Sanction 13 . Restrict Privileges/Friends 14 . School Progress Reports 15 . Weekly Counseling Reports 16 . Written Assignment 17 . Youth Proposed Sanction 18 . Scheduled Problem-solving Meeting with CSO 19 . Review of Future Sanctions if Behaviors Continue 20 . Day/Evening Reporting 21 . Electronic Monitoring |
1 .
Verbal
Consequence
2 . Adjust Curfew 3 . Behavior Modification Group 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . House Arrest 9 . Increase Face to Face 10 . Increase Phone Contact 11 . Limit Overnight with Friends 12 . Parent Proposed Sanction 13 . Restrict Privileges/Friends 14 . School Progress Reports 15 . Weekly Counseling Reports 16 . Written Assignment 17 . Youth Proposed Sanction 18 . Scheduled Problem-solving Meeting with CSO 19 . Review of Future Sanctions if Behaviors Continue 20 . Day/Evening Reporting 21 . Electronic Monitoring 22 . Parent-Child Conference |
|
23 .
Discretion of
CSO,
Appropriate
per Violation
|
1 .
Parent-Child
Conference
2 . Discretion of CSO, Appropriate per Violation |
3 .
Discretion of
CSO,
Appropriate
per Violation
|
|
Serious 1 . Continuous or Repetitive Undesired Minor Behaviors 2 . Continuous or Repetitive Undesired Moderate Behaviors 3 . Tampering with UA 4 . Positive UA other than THC 5 . Contact with victim Possession of unauthorized weapon 6 . *New violent offense or substantial threat of violence 7 . *Sex offense 8 . *Abscond |
1 .
Verbal
Consequence
2 . Adjust Curfew 3 . Behavior Modification Group 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . House Arrest 9 . Electronic Monitoring 10 . Court Observation 11 . Increase Face to Face 12 . Increase Phone Contact 13 . Limit Overnight with Friends 14 . Parent Proposed Sanction 15 . Parent-Child Conference 16 . Restrict Privileges/Friends 17 . School Progress Reports 18 . Weekly Counseling Reports 19 . Written Assignment 20 . Youth Proposed Sanction 21 . Scheduled Problem-Solving Meeting with CSO 22 . Day/Evening Reporting |
1 .
Verbal
Consequence
2 . Adjust Curfew 3 . Behavior Modification Group 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . House Arrest 9 . Electronic Monitoring 10 . Court Observation 11 . Increase Face to Face 12 . Increase Phone Contact 13 . Limit Overnight with Friends 14 . Parent Proposed Sanction 15 . Parent-Child Conference 16 . Restrict Privileges/Friends 17 . School Progress Reports 18 . Weekly Counseling Reports 19 . Written Assignment 20 . Youth Proposed Sanction 21 . Scheduled Problem-Solving Meeting with CSO 22 . Day/Evening Reporting |
1 .
Verbal
Consequence
2 . Adjust Curfew 3 . Behavior Modification Group 4 . CD Evaluation 5 . Community Service 6 . Counseling Service 7 . Support Parental Rules 8 . House Arrest 9 . Electronic Monitoring 10 . Court Observation 11 . Increase Face to Face 12 . Increase Phone Contact 13 . Limit Overnight with Friends 14 . Parent Proposed Sanction 15 . Parent-Child Conference 16 . Restrict Privileges/Friends 17 . School Progress Reports 18 . Weekly Counseling Reports 19 . Written Assignment 20 . Youth Proposed Sanction 21 . Scheduled Problem-Solving Meeting with CSO 22 . Day/Evening Reporting |
|
1 .
Violation
Report with the
Court-Detention
Request
2 . Increase in Risk Level/Super vision Level 3 . Discretion of CSO, Appropriate per Violation |
1 .
Violation
Report with the
Court-
Detention
Request
2 . Discretion of CSO, Appropriate per Violation
|
3 .
Violation
Report with the
Court-
Detention
Request
4 . Discretion of CSO, Appropriate per Violation |
Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016.
South Dakota's Juvenile Supervisory Responses (JSR)
-Incentives-
| Desired Behaviors | Low Level Incentive |
Moderate Level
Incentive |
High Level Incentive |
|
Compliant
(Contemplation
Stage of Change)
Desired behavior
would be that the
juvenile is meeting the
conditions of probation
or has shown an
improvement in
meeting those
conditions. |
1 .
Verbal Praise
2 . Written Praise 3 . Drawing from a Prize Bucket 4 . Encourage School Staff Recognition for Child 5 . Decrease Phone Contact 6 . Parent and Juvenile Recommended Incentives. |
1 .
Verbal Praise
2 . Written Praise 3 . Drawing from a Prize Bucket 4 . Encourage School Staff Recognition for Child 5 . Decrease Phone Contact 6 . Parent and Juvenile Recommended Incentives 7 . Reduce meetings 8 . Eliminate Electronic Monitoring 9 . Allow overnights with Friends |
1 .
Verbal Praise
2 . Written Praise 3 . Drawing from a Prize Bucket 4 . Reduce Meetings 5 . Allow Overnights with Friends 6 . Encourage School Staff Recognition for Child 7 . Decrease Phone Contact 8 . Parent and Juvenile Recommended Incentives 9 . Reduce meetings 10 . Eliminate Electronic Monitoring 11 . Allow overnights with Friends 12 . Reduced UAs/PBTs 13 . Job Shadowing 14 . Moderate Financial Reward (gift cards, activity fees, tickets, recreational passes, memberships under $15 etc.) 15 . Reduced Probation Condition 16 . Extend Curfew |
|
Demonstrated
Improvement
(Action Stage of
Change)
-Strategies for change
are chosen and |
1 .
Verbal Praise
2 . Written Praise 1 . Moderate Financial Reward (gift cards, activity fees, tickets, recreational passes, memberships under $15 etc.) 1 . Reduced Probation Condition 2 . Reduced UAs/PBTs 3 . Drawing from a Prize Bucket 4 . Reduce Meetings 5 . Allow Overnights with Friends 6 . Encourage School Staff Recognition for Child 7 . Extend Curfew 8 . Decrease Phone Contact 9 . Graduation Certificate/Ceremonies for Accomplishments 10 . Reduce Telephone Contact 11 . Higher Level Financial Rewards (gift cards, activity fees, tickets, recreational passes, memberships over $15 etc.) 12 . Job Shadowing 13 . Recommend Reduced Probation Term
|
1 .
Verbal Praise
2 . Written Praise 3 . Moderate Financial Reward (gift cards, activity fees, tickets, recreational passes, memberships under $15 etc.) 1 . Reduced Probation Condition 2 . Reduced UAs/PBTs 3 . Drawing from a Prize Bucket 4 . Reduce Meetings 5 . Allow Overnights with Friends 6 . Encourage School Staff Recognition for Child 7 . Decrease Phone Contact 8 . Graduation Certificate/Ceremonies for Accomplishments 1 . Reduce Telephone Contact 2 . Higher Level Financial Rewards (gift cards, activity fees, tickets, recreational passes, memberships over $15 etc.) 3 . Job Shadowing
|
1 .
Verbal Praise
2 . Written Praise 3 . Moderate Financial Reward (gift cards, activity fees, tickets, recreational passes, memberships under $15 etc.) 1 . Reduced Probation Condition 2 . Reduced UAs/PBTs 3 . Drawing from a Prize Bucket 4 . Reduce Meetings 5 . Allow Overnights with Friends 6 . Encourage School Staff Recognition for Child 7 . Backpack Program- food, school supplies 8 . Increase Driving Privileges 9 . Extend Curfew 10 . Decrease Phone Contact 11 . Graduation Certificate/Ceremonies for Accomplishments 12 . Reduce Telephone Contact 1 . Higher Level Financial Rewards (gift cards, activity fees, tickets, recreational passes, memberships over $15 etc.) |
|
1 .
Eliminate
Electronic
Monitoring
2 . Acknowledgement by the Judge for Positive Behaviors 3 . Parent and Juvenile recommended incentives 1 . College/Career Planning session 2 . School Spirit Wear |
3 .
Eliminate
Electronic
Monitoring
4 . Acknowledgement by the Judge for Positive Behaviors 5 . Parent and Juvenile Recommended Incentives 6 . College/Career Planning Session 1 . School Spirit Wear 2 . Backpack Program- food, school supplies 3 . Increase Driving Privileges 4 . Extend Curfew 5 . Reduce Community Service Hours |
1 .
Job Shadowing
2 . Recommend Reduced Probation Term 3 . Eliminate Electronic Monitoring 1 . Acknowledgement by the Judge for Positive Behaviors 2 . Parent and Juvenile Recommended Incentives 3 . College/Career Planning Session 4 . School Spirit Wear 5 . Backpack Program- food, school supplies 6 . Increase Driving Privileges 7 . Extend Curfew 8 . Reduce Community Service Hours |
|
Significant
Improvement
(Action Stage of
Change)
Desired behavior
would indicate a
demonstration of
commitment and
progress to meeting the
terms of probation and
would be associated
with a level of
improvement that
shows effective change
by the juvenile.
-Sustaining new habits
|
1 .
Verbal Praise
2 . Written Praise 3 . Moderate Financial Reward (gift cards, activity fees, tickets, recreational passes, memberships under $15 etc.) 4 . Reduced Probation Condition 5 . Reduced UAs/PBTs 6 . Drawing from a Prize Bucket 7 . Reduce Meetings 8 . Allow Overnights with Friends 9 . Encourage School Staff Recognition for Child 10 . Backpack Program-food, school supplies 1 . Increase Driving Privileges 2 . Extend Curfew 3 . Decrease Phone Contact 4 . Graduation Certificate/Ceremonies for Accomplishments 5 . Reduce Telephone Contact 6 . Higher Level Financial Rewards (gift cards, activity fees, tickets, recreational passes, memberships over $15 etc.) |
1 .
Verbal Praise
2 . Written Praise 3 . Moderate Financial Reward (gift cards, activity fees, tickets, recreational passes, memberships under $15 etc.) 4 . Reduced Probation Condition 5 . Reduced UAs/PBTs 6 . Drawing from a Prize Bucket 7 . Reduce Meetings 8 . Allow Overnights with Friends 9 . Encourage School Staff Recognition for Child 10 . Backpack Program-food, school supplies 1 . Increase Driving Privileges 2 . Extend Curfew 3 . Decrease Phone Contact 4 . Graduation Certificate/Ceremonies for Accomplishments 5 . Reduce Telephone Contact 6 . Higher Level Financial Rewards (gift cards, activity fees, tickets, recreational passes, memberships over $15 etc.) |
1 .
Verbal Praise
2 . Written Praise 3 . Moderate Financial Reward (gift cards, activity fees, tickets, recreational passes, memberships under $15 etc.) 4 . Reduced Probation Condition 5 . Reduced UAs/PBTs 6 . Drawing from a Prize Bucket 7 . Reduce Meetings 8 . Allow Overnights with Friends 9 . Encourage School Staff Recognition for Child 1 . Backpack Program- food, school supplies 2 . Increase Driving Privileges 3 . Extend Curfew 1 . Decrease Phone Contact 2 . Graduation Certificate/Ceremonies for Accomplishments 3 . Reduce Telephone Contact 4 . Higher Level Financial Rewards (gift cards, activity fees, tickets, recreational passes, memberships over $15 etc.) |
|
1 .
Photo ID Costs
2 . Job Shadowing 3 . Recommend Reduced Probation Term 4 . Eliminate Electronic Monitoring 5 . Acknowledgement by the Judge for Positive Behaviors 6 . Parent and Juvenile Recommended Incentives 7 . Reduce Community Service Hours 8 . Recommend Court Reduction in Fines or Fees. 9 . College/Career Planning Session 10 . School Spirit Wear 11 . Payment for high school equivalency testing |
1 .
Photo ID Costs
2 . Job Shadowing 3 . Recommend Reduced Probation Term 4 . Eliminate Electronic Monitoring 5 . Acknowledgement by the Judge for Positive Behaviors 6 . Parent and Juvenile Recommended Incentives 7 . Reduce Community Service Hours 8 . Recommend Court Reduction in Fines or Fees. 9 . College/Career Planning Session 10 . School Spirit Wear 11 . Payment for high school equivalency testing |
1 .
Photo ID Costs
2 . Job Shadowing 3 . Recommend Reduced Probation Term 4 . Eliminate Electronic Monitoring 5 . Acknowledgement by the Judge for Positive Behaviors 6 . Parent and Juvenile Recommended Incentives 7 . Reduce Community Service Hours 8 . Recommend Court Reduction in Fines or Fees. 9 . College/Career Planning Session 10 . School Spirit Wear 11 . Payment for high school equivalency testing |
** Incentives should be applied with a 4:1 ratio when compared to Sanctions.
Source: SL 2016, ch 240 (Supreme Court Rule 16-01), eff. Feb. 1, 2016; SL 2017, ch 77, § 3.
