Changes to Existing Law

26.716.9 26.716.10 101st Legislative Session 179 2026 South Dakota Legislature Senate Bill 179 Introduced by: Senator Hohn Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to permit a court to commit a juvenile adjudicated delinquent for certain 1 weapons offenses to the Department of Corrections. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 26-8C-7 be AMENDED: 4 26-8C-7. If a child has been adjudicated as a delinquent child, delinquent, the court shall must 5 enter a decree of disposition according to the least restrictive alternative available in 6 keeping with the best interests interest of the child. The decree shall must contain one or 7 more of the following: 8 (1) The court may require the child to pay restitution, as defined in subdivision 23A-9 28-2(4) § 23A-28-2, and under conditions set by the court, if payment can be 10 enforced without serious hardship or injustice to the child; 11 (2) The court may impose a fine not to exceed one thousand dollars; 12 (3) The court may place the child on probation under the supervision of a court services 13 officer or another designated individual pursuant to § 26-8C-14; 14 (4) The court may require a the child, as a condition of probation, to participate in a 15 supervised community service program, if the child is not deprived of the schooling 16 that is appropriate for the child's age, needs, and specific rehabilitative goals. The 17 supervised community service program shall must be of a constructive nature 18 designed to promote rehabilitation, appropriate to the age level and physical ability 19 of the child, and shall must be combined with counseling by the court services 20 officer or other guidance personnel. The supervised community service program 21 assignment shall must be made for a period of time consistent with the child's best 22 interests, but for not more than ninety days; 23 (5) The court may place the child at the Human Services Center for examination and 24 treatment; 25 26.716.9 2 179 Underscores indicate new language. Overstrikes indicate deleted language. (6) The court may place the child in a detention facility for not more than ninety days, 1 which may be in addition to any period of temporary custody; 26.716.10 2 179 SB179 ENROLLED (7) The court may place the child in an alternative educational program; 3 (8) The court may order the suspension or revocation of the child's right to apply for 4 a driving privilege, suspend or revoke an existing driving privilege, or restrict the 5 privilege in the manner the court sees fit, including requiring that financial 6 responsibility be proved and maintained; 7 (9) The court may assess or charge costs and fees permitted by §§ 16-2-41, 23-3-52, 8 23A-27-26, 23A-28B-42, and 23A-27-27 against the child, parent, guardian, 9 custodian, or other party responsible for the child; or 10 (10) The court may only commit a child to the Department of Corrections, but only if 11 the judge finds that: 12 (a) No that no viable alternative exists; and 13 (b) The, exists, the Department of Corrections is the least restrictive alternative;, alternative, and one of 14 the following: 15 (i)(a) (a) The child is currently adjudicated delinquent for an: 16 for: (i) An offense eligible for transfer proceedings pursuant to § 26-11-17 3.1;the child is currently adjudicated delinquent for a 18 26-11-3.1; (ii) A crime of violence pursuant to subdivision 22-1-2(9), sex offense; 19 22-1-2(9); (iii) A sex crime pursuant to § 22-24B-1, felony; 20 22-24B-1; (iv) A felony sexual registry offense pursuant to chapter 22-24B, or 21 burglary; 22 22-24B; (v) Burglary in the second degree pursuant to § 22-32-3; or the 23 (vi) A weapons offense pursuant to § 22-14-5, 22-14-7, 22-14-20, or 24 23-7-44, or subdivision 22-30A-17(2); 25 (b) The court finds from evidence presented at the dispositional hearing or from 26 the pre-dispositional report that the youth child presents a significant risk 27 of physical harm to another person; 28 (ii)(c) (c) The child has been previously adjudicated delinquent for separate 29 delinquent acts, arising out of separate and distinct criminal episodes, three 30 or more times within the preceding twelve-month period; or 31 (iii)(d) (d) The court finds from evidence presented at the dispositional hearing or from 32 the pre-dispositional report that the child is at high risk for re-offense based 33 on a validated risk assessment, and the child has either had a previous 34 26.716.9 3 179 Underscores indicate new language. Overstrikes indicate deleted language. unsuccessful discharge from probation for a felony offense or is on 1 supervised probation for a felony offense; and 2 (A)(i) (i) The child has been adjudicated for intentional damage to property 3 and the property damage exceeds five thousand dollars; or 4 (B)(ii) (ii) The child has been adjudicated for a drug distribution offense that is 5 punishable at least as a Class 4 felony. 6 Any The court shall make any finding made pursuant to this section shall be made 7 in the written decree. 8 26.716.10 3 179 SB179 ENROLLED An Act to permit a court to commit a juvenile adjudicated delinquent for certain weapons offenses to the Department of Corrections. I certify that the attached Act originated in the: Senate as Bill No. 179 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 179 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State