A temporary detention or shelter hearing may be conducted by an independent hearing officer to determine if probable cause exists that the juvenile has failed to comply with the terms and conditions of aftercare supervision or that the purposes and objects of aftercare supervision are not being served.

The temporary detention or shelter hearing shall be held within twentyfour hours, excluding Saturdays, Sundays, and holidays of the juvenile being placed in temporary detention or shelter.

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Terms Used In South Dakota Codified Laws 26-11A-14

  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

The independent hearing officer shall either order that:

(1) Probable cause exists and the juvenile shall be held in temporary detention or shelter or returned to a Department of Corrections juvenile facility pending an aftercare supervision revocation hearing pursuant to §§ 26-11A-15 and 26-11A-16; or

(2) Probable cause does not exist and the juvenile shall be released for continued aftercare supervision.

No juvenile may be held in temporary detention or shelter or at a Department of Corrections juvenile facility pending an aftercare supervision revocation hearing for more than thirty days.

Source: SL 1996, ch 172, § 64.