Terms Used In South Dakota Codified Laws 26-8D-3

  • 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.
  • Quality assured: monitored to determine the extent to which individuals delivering treatment to juveniles are administering that treatment consistently and as designed. See South Dakota Codified Laws 26-8D-1
  • 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. See South Dakota Codified Laws 26-8D-1
  • Risk factors: characteristics and behaviors that, when addressed or changed, affect a child's risk for committing delinquent acts. See South Dakota Codified Laws 26-8D-1
  • 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. See South Dakota Codified Laws 26-8D-1
  • Validated risk and needs assessment: a tool scientifically proven to identify factors for delinquency and predict a child's risk to reoffend. See South Dakota Codified Laws 26-8D-1
The Department of Social Services may provide for and implement treatment for juvenile system involved youth. The Department of Social Services, in coordination with the Department of Corrections and Unified Judicial System, shall identify community-based treatment to be made available to juveniles with justice system involvement based on the needs of the youth. The Unified Judicial System and the Department of Corrections shall annually provide aggregated risk factor data to the Department of Social Services. Any treatment identified for implementation shall be quality assured and shown through research or documented evidence to reduce recidivism and other juvenile risk factors.
     In cooperation with the Department of Corrections and the Unified Judicial System, the Department of Social Services shall establish a juvenile treatment referral process incorporating a risk and needs assessment tool for use by the Unified Judicial System and Department of Corrections, and supplemental mental health and substance abuse screening tools.
     The Department of Corrections and Unified Judicial System shall use a validated risk and needs assessment, and either a mental health or substance abuse assessment, or both, if the risk and needs assessment indicates a mental health or substance abuse issue, to guide referrals to interventions identified under this section, consistent with the process established by the Department of Social Services.