SB 179 — permit a court to commit a juvenile adjudicated delinquent for certain weapons offenses to the Department of Corrections.

26.716.926.716.10 101st Legislative Session 179 South Dakota Legislature Senate Bill 179 IntroducedENROLLED by:A N A CT ENTITLED An Act to permit a court to commit a juvenile adjudicated delinquent for certain weapons offenses to the Department of Corrections.

SenatorB HohnE AnIT ActENACTED toBY permitTHE aLEGISLATURE courtOF toTHE commitSTATE aOF juvenileS adjudicatedOUTH delinquentD forAKOTA certain: weapons offenses to the Department of Corrections.

B E IT ENACTED BY THE L EGISLATURE OF THE STATE OF SOUTH D AKOTA :

If a child has been adjudicated asdelinquent, a delinquent child, the court shall must enter a decree of disposition according to the least restrictive alternative available in keeping with the best interests interest of the child.

The decree shall must contain one or more of the following:

(1) The court may require the child to pay restitution, as defined in subdivision 23A- 28-2(4) § 23A-28-2, and under conditions set by the court, if payment can be enforced without serious hardship or injustice to the child;

(4) The court may require a the child, as a condition of probation, to participate in a supervised community service program, if the child is not deprived of the schooling that is appropriate for the child's age, needs, and specific rehabilitative goals.

The supervised community service program shall must be of a constructive nature designed to promote rehabilitation, appropriate to the age level and physical ability of the child, and shall must be combined with counseling by the court services officer or other guidance personnel.

The supervised community service program assignment shall must be made for a period of time consistent with the child's best interests, but for not more than ninety days;

Overstrikes(6) indicateThe deletedcourt language.may place the child in a detention facility for not more than ninety days, which may be in addition to any period of temporary custody;

26.716.926.716.10 2 179 (6)(7) The court may place the child in aan detentionalternative facilityeducational forprogram; not more than ninety days, which may be in addition to any period of temporary custody;

(7) The court may place the child in an alternative educational program;

or (10) The court may only commit a child to the Department of Corrections, but only if the judge finds that:that no viable alternative exists, the Department of Corrections is the least restrictive alternative, and one of the following:

(a) NoThe nochild viableis alternativecurrently exists;adjudicated delinquent for:

and(i) (b)An The,offense theeligible Departmentfor oftransfer Correctionsproceedings ispursuant theto least§ restrictive26-11-3.1; alternative;, and one of the following:

(i)(a)(ii) TheA childcrime isof currentlyviolence adjudicatedpursuant delinquentto forsubdivision an:22-1-2(9);

(i)(iii) AnA offensesex eligiblecrime for transfer proceedings pursuant to § 26-11-22-24B-1; 3.1;the child is currently adjudicated delinquent for a (ii) A crime of violence pursuant to subdivision 22-1-2(9), sex offense;

(iii)(iv) A sexfelony crimesexual registry offense pursuant to §chapter 22-24B-1,22-24B; felony;

(iv) A felony sexual registry offense pursuant to chapter 22-24B, or burglary;

or the (vi) A weapons offense pursuant to § 22-14-5, 22-14-7, 22-14-20, or 23-7-44, or subdivision 22-30A-17(2);

(b) The court finds from evidence presented at the dispositional hearing or from the pre-dispositional report that the youth child presents a significant risk of physical harm to another person;

(ii)(c)(c) The child has been previously adjudicated delinquent for separate delinquent acts, arising out of separate and distinct criminal episodes, three or more times within the preceding twelve-month period;

or (iii)(d)(d) The court finds from evidence presented at the dispositional hearing or from the pre-dispositional report that the child is at high risk for re-offense based on a validated risk assessment, and the child has either had a previous Overstrikesunsuccessful indicatedischarge deletedfrom language.probation for a felony offense or is on supervised probation for a felony offense;

26.716.9and 3(i) 179The unsuccessfulchild dischargehas frombeen probationadjudicated for aintentional felonydamage offenseto orproperty isand onthe supervisedproperty probationdamage forexceeds afive felonythousand offense;dollars;

andor (A)(i)(ii) The child has been adjudicated for intentionala damagedrug todistribution propertyoffense andthat theis propertypunishable damageat exceedsleast fiveas thousanda dollars;Class 4 felony.

or (B)(ii) The childcourt hasshall beenmake adjudicatedany forfinding apursuant drugto distributionthis offensesection thatin isthe punishablewritten atdecree. least as a Class 4 felony.

AnySB179 TheENROLLED court26.716.10 shall3 make179 anyAn findingAct madeto pursuantpermit a court to thiscommit sectiona shalljuvenile beadjudicated madedelinquent infor certain weapons offenses to the writtenDepartment decree.of Corrections.

UnderscoresReceived indicateat newthis language.Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

Overstrikesat indicate____________M. deleted language.

Senate as Bill No.

179 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

179 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB179 ENROLLED