PIERRE, S.D. (SDBA) – Some South Dakota legislators believe the pendulum has swung too lenient in dealing with youthful offenders in the state.
This morning (Friday), the House Judiciary Committee passed SB 4 to give circuit courts more discretion to place minors with three offenses in a year in the custody of the state Department of Corrections.
That bill passed 11 to 2.
Also, in an unusual move, the committee killed SB 3, which would have required law enforcement agencies to report suspected drug or alcohol violations or threats of violence by a minor to school officials.
Current law is permissive if law enforcement wishes to contact a school about a juvenile.
Law enforcement groups said the bill as written would hurt the relationship local departments have with schools.
They also said the bill raised liability issues for schools.
“We also have to protect rights (of citizens),” said Deuel County Sheriff Cory Borg (berg). “Reasonable suspicion is not the law.”
The committee voted 13 to 0 to send the measure to the 41st day, the usual move to kill a bill.
But immediately, the committee voted 13 to 0 to take the bill off the table to allow the sponsors an opportunity to amend it.
On the other bill, supporters of SB 4 say that rural areas have fewer resources to assist youth offenders than urban areas.
They said placing the minor in the Department of Corrections could be the best solution.
“We’re not saying lock up our children,” said Republican Sen. Erin Tobin from Winner. “But we need intervention. Kids know their probation officer can’t do anything to them.”
Then, she said, the youth are back in school, causing problems.
Lobbyist Tara Larson with the S.D. Association of Criminal Defense Attorneys disagreed.
“We are talking about jail,” she said. “No one is saying it. This is legislation out of frustration. We’re dealing with kiddos with major problems.”
Republican Rep. Mike Stevens of Yankton said the bill would set up different punishments for South Dakota minors depending on where they live.
Republican Rep. Tim Reisch from Howard, a former Secretary of Corrections, says the DOC can provide a broad array of services before incarceration.
The pendulum is swinging back to the middle, said Republican Rep. Tyler Tordsen from Sioux Falls about the 2015 reforms that essentially ended the incarceration of minors in the state.
“I know firsthand some juveniles in South Dakota who are just bad,” he said. “This is the sweet spot for now.”
With committee passage, SB 4 goes on to the House.
The committee will consider the amended SB 3 at its meeting Monday.
