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permit a child adjudicated delinquent for theft of a firearm to be committed to the Department of Corrections.

This bill changes what sentences a judge can impose on children found delinquent for stealing a firearm. Currently, judges must use the "least restrictive alternative" available, but this bill allows judges to commit children convicted of firearm theft directly to the Department of Corrections instead of limiting sentences to probation, fines, restitution, or community service.

revise provisions related to the custody of an alleged delinquent child before and after a temporary custody hearing.

HB 1245 strengthens requirements for holding children accused of delinquency in detention before their court hearing, changing the standard so intake officers must find that parents cannot be located or are unsuitable AND that at least one serious circumstance exists (like the child being charged with a violent crime, having a record of missing court dates, or being under the influence). Previously, detention could be used more broadly; this bill limits it to cases involving specific risk factors or serious charges.

revise the incentive program for juvenile diversion opportunities.

South Dakota is revising its program that gives counties money to encourage them to use juvenile diversion (keeping young offenders out of the court system) instead of prosecution. The bill changes the payment structure so counties receive $750 per child who successfully completes a diversion program, and it requires counties to submit detailed annual reports on how many youth they refer to diversion and whether those youth complete the programs.