An Act to permit a child adjudicated delinquent for theft of a firearm to be committed to the Department of Corrections.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 26-8C-7 be AMENDED:
26-8C-7.
If a child has
been adjudicated as a delinquent child, the court
shall
must enter a
decree of disposition according to the least restrictive alternative
available in keeping with the best interests of the child. The decree
shall
must contain
one or more of the following:
(1) The
court may require the child A
requirement to
pay restitution, as defined in subdivision 23A-28-2(4)
and under conditions set by the court, if payment can be enforced
without serious hardship or injustice to the child;
(2) The
court may impose a A
fine not to
exceed one thousand dollars;
(3) The
court may place Placement
of the child on
probation under the supervision of a court services officer or
another designated individual pursuant to 26-8C-14;
(4) The
court may require a A
requirement that the child,
as a condition of probation
to,
participate in a supervised community service program, if the child
is not deprived of the schooling that is appropriate for the child's
age, needs, and specific rehabilitative goals. The supervised
community service program
shall
must be of a
constructive nature designed to promote rehabilitation, appropriate
to the age level and physical ability of the child, and
shall
must be
combined with counseling by the court services officer or other
guidance personnel. The
court shall make the
supervised community service program assignment
shall be made
for a period of time consistent with the child's best interests, but
for not more than ninety days;
(5) The
court may place Placement
of the child at
the Human Services Center for examination and treatment;
(6) The
court may place Placement
of 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 Placement
of the child in
an alternative educational program;
(8) The
court may order the suspension or revocation of An
order to suspend or revoke the
child's right to apply for a driving privilege,
suspend or revoke an
or an existing
driving privilege, or
to otherwise
restrict the
child's
privilege in
the
any manner the
court sees fit, including requiring that financial responsibility be
proved and maintained;
(9) The
court may assess or charge An
assessment of 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; or
(10) The
court may only commit a Commitment
of the child to
the Department of Corrections if the judge finds that
no viable alternative exists, the Department of Corrections is the
least restrictive alternative, and one of the following:
(a) No
viable alternative exists; and
(b) The
Department of Corrections is the least restrictive alternative; and
one of the following:
(i) The
child is currently adjudicated delinquent for an offense eligible for
transfer proceedings pursuant to 26-11-3.1;
the child is currently adjudicated delinquent for a crime of violence
pursuant to subdivision 22-1-2(9),
sex offense pursuant to 22-24B-1,
felony sexual registry offense pursuant to chapter 22-24B,
theft pursuant to chapter 22-30A
of a firearm as defined in subdivision 22-1-2(16),
or burglary in the second degree pursuant to 22-32-3;
or the court finds from evidence presented at the dispositional
hearing or from the pre-dispositional report that the youth presents
a significant risk of physical harm to another person;
(ii)(b) The
child has been previously adjudicated delinquent for separate
delinquent acts, arising out of separate and distinct criminal
episodes, three or more times within the preceding twelve-month
period; or
(iii)(c) The
court finds from evidence presented at the dispositional hearing or
from the pre-dispositional report that the child is at high risk for
re-offense based on a validated risk assessment, and the child has
either had a previous unsuccessful discharge from probation for a
felony offense or is on supervised probation for a felony offense;,
and
(A) The
the child has
been adjudicated for intentional damage to property
and the property
with the damage
exceeds
exceeding five
thousand dollars;
or
(B) The
child has been adjudicated
for a drug distribution offense that is punishable at least as a
Class 4 felony.
Any finding made pursuant to this
section
shall
must be made in
the written decree.