South DakotaJudges may commit some delinquent youth to state corrections
South Dakota law allows a judge to commit some youth adjudicated delinquent to the Department of Corrections, but only after making specific findings.
What it does
A judge may commit a youth adjudicated delinquent to the Department of Corrections only if no viable alternative exists and at least one listed offense or risk condition applies.
Argument forJudges could use a corrections placement for youth who pose a serious risk or meet other listed conditions when no less restrictive option works.
Argument againstA youth sent to the Department of Corrections could lose freedom and time with family and community, even when a judge finds the listed conditions are met.
More detail
A judge may commit a youth to the Department of Corrections. This applies to a youth adjudicated delinquent. Listed offenses include certain weapons offenses and other specified serious crimes. The judge must find that no viable alternative exists and that commitment to the Department of Corrections is the least restrictive option. At least one listed condition must apply: a specified serious offense, significant risk of physically harming another person, three or more separate delinquent acts in the past year, or high risk of reoffending plus the specified prior probation and offense conditions. The judge must include any finding under this section in the written disposition order.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Signed by the Governor Larry Rhoden on 2026-03-30 S.J. 548Became Law
- Mar 11Delivered to the Governor on 2026-03-11 S.J. 520To Governor
- Mar 10Signed by the Speaker H.J. 553Major
- Mar 9Signed by the President S.J. 505Major
- Mar 5House of Representatives Do Pass , Passed, YEAS 42, NAYS 25 H.J. 529Passed House
- Vote recorded Do Pass. Result: pass.Lower
- Mar 4Judiciary Do Pass , Passed, YEAS 9, NAYS 3Minor
- Vote recorded Do Pass. Result: pass.Lower
- Mar 4Scheduled for hearing
- Feb 18First read in House and referred to House Judiciary H.J. 356Minor
- Feb 17Senate Do Pass , Passed, YEAS 28, NAYS 6 S.J. 279Passed Senate
- Vote recorded Do Pass. Result: pass.Upper
- Feb 12Judiciary Do Pass , Passed, YEAS 4, NAYS 2 S.J. 23Minor
- Vote recorded Do Pass. Result: pass.Upper
- Feb 12Scheduled for hearing S.J. 1
- Jan 29First read in Senate and referred to Senate Judiciary S.J. 140Introduced
Criminal JusticePublic Safety