South Dakota § 26-7A-126 Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.

South Dakota Statutes

§ 26-7A-126 — Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.

South Dakota·Title 26 MINORS·Ch. 26-7 JUVENILE COURT

The following allegations of delinquency and children in need of supervision shall be treated as juvenile cited violations by law enforcement:

(1)Petty theft in the second degree pursuant to § 22-30A-17.3 ;

(2)Intentional damage to property, four hundred dollars or less, pursuant to § 22-34-1 ;

(3)Purchase, possession, or consumption of alcoholic beverage by person under twenty-one years pursuant to § 35-9-2 in accordance with subdivision 26-8B-2(5); and (4) Truancy pursuant to subdivision 26-8B-2(1). The issuing officer shall notify the child and the child's parent, guardian, or custodian that a hearing on the citation for a cited violation shall be held before a judicial circuit court judge within ten days of issuance of the citation or on the next available court date and

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The following allegations of delinquency and children in need of supervision shall be treated as juvenile cited violations by law enforcement: (1) Petty theft in the second degree pursuant to § 22-30A-17.3 ; (2) Intentional damage to property, four hundred dollars or less, pursuant to § 22-34-1 ; (3) Purchase, possession, or consumption of alcoholic beverage by person under twenty-one years pursuant to § 35-9-2 in accordance with subdivision 26-8B-2(5); and (4) Truancy pursuant to subdivision 26-8B-2(1). The issuing officer shall notify the child and the child's parent, guardian, or custodian that a hearing on the citation for a cited violation shall be held before a judicial circuit court judge within ten days of issuance of the citation or on the next available court date and be treated as a confidential juvenile matter. The hearing shall be held pursuant to § 26-7A-36 and the case records shall be treated as confidential consistent with the provisions of §§ 26-7A-114 , 26-7A-115 , 26-7A-116 , 26-7A-120 , and 26-7A-27 . A cited violation is not an adjudication or a child in need of supervision or delinquency proceeding. In lieu of a citation, pursuant to subdivision 26-7A-126(4), a school official may file a report with the state's attorney. A report may also be filed with the state's attorney in lieu of a citation if the conduct occurs in conjunction with another offense that is not subject to the juvenile cited violation process.

South Dakota § 26-7A-126 (Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.