26-8C-3. Release--Placement in shelter--Circumstances warranting detention.

An apparent or alleged delinquent child taken into temporary custody by a law enforcement officer prior to a temporary custody hearing shall be released to the child's parents, guardian, or custodian unless the parents, guardian, or custodian cannot be located, or in the judgment of the intake officer, are not suitable to receive the child, in which case the child shall be placed in shelter. A child may not be placed in detention unless the intake officer finds that the parents, guardian, or custodian are not available or are not suitable to receive the child, and finds at least one of the following circumstances exists:

(1)    The child is a fugitive from another jurisdiction;

(2)    The child is charged with a violation of § 22-22-7, a crime of violence under subdivision 22-1-2(9), or a serious property crime, which, if committed by an adult, would be a felony;

(3)    The child is already held in detention or on conditional release in connection with another delinquency proceeding;

(4)    The child has a demonstrable recent record of willful failures to appear for juvenile court proceedings;

(5)    The child has a demonstrable recent record of violent conduct;

(6)    The child has a demonstrable recent record of adjudications for serious property offenses;

(7)    The child is under the influence of alcohol, inhalants, or a controlled drug or substance and detention is the least restrictive alternative in view of the gravity of the alleged offense and is necessary for the physical safety of the child, the public, and others;

(8)    The child has failed to comply with court services or a court ordered program; or

(9)    There are specific, articulated circumstances that justify detention, not to exceed five days, for the protection of the child from potentially immediate harm to the child or to others.

The shelter or detention authorized must be the least restrictive alternative available.

Source: SL 1989, ch 228, § 3; SL 1991, ch 217, § 153B; SDCL Supp, § 26-8-23.3; SL 1992, ch 183, § 2; SL 1994, ch 220; SL 1995, ch 148, § 5; SL 1996, ch 172, § 20; SL 2024, ch 98, § 1.