Terms Used In South Dakota Codified Laws 26-8D-1

  • Adult: any person who is not a minor as defined in chapter 26-1. See South Dakota Codified Laws 2-14-2
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Year: a calendar year. See South Dakota Codified Laws 2-14-2
Terms used in this chapter mean:
             (1)      “Community response team” or “team,” a support team tasked with finding viable community resources to help rehabilitate delinquent children and children in need of supervision in community-based settings who are at risk for commitment to the Department of Corrections;
             (2)      “Juvenile cited violation,” designated delinquency or children in need of supervision violation handled by law enforcement with the uniform traffic ticket pursuant to § 23-1A-2;
             (3)      “Juvenile Justice Oversight Council,” the council established by § 26-8D-7;
             (4)      “Quality assured,” monitored to determine the extent to which individuals delivering treatment to juveniles are administering that treatment consistently and as designed;
             (5)      “Recidivism,” for the Department of Corrections for the purposes of this chapter, within one year, two years, or three years of discharge from the custody of the Department of Corrections, a juvenile commitment or conviction in adult court for a felony resulting in a sentence to the Department of Corrections. For the Unified Judicial System for the purposes of this chapter, the term means being adjudicated delinquent while on probation or adjudicated delinquent or convicted of a felony in adult court within one year, two years, or three years after discharge from juvenile probation;
             (6)      “Risk factors,” characteristics and behaviors that, when addressed or changed, affect a child’s risk for committing delinquent acts. The term includes prior and current offense history, antisocial behavior, antisocial personality, attitude and thinking about delinquent activity, family dysfunction, low levels of education or engagement in school, poor use of leisure time and recreation, and substance abuse;
             (7)      “Specialized transition services,” independent living; foster care; respite; crisis stabilization; short-term assessment; a residential setting intended to transition the juvenile from a residential treatment center, intensive residential treatment center, or more restrictive group care or juvenile corrections facility; or other transitional setting authorized by the secretary of the Department of Corrections;
             (8)      “Treatment,” when used in a juvenile justice context, targeted interventions that utilize evidence-based practices to focus on juvenile risk factors, to improve mental health, and to reduce the likelihood of delinquent behavior;
             (9)      “Validated risk and needs assessment,” a tool scientifically proven to identify factors for delinquency and predict a child’s risk to reoffend.