Council of Juvenile services
The Council of Juvenile Services is a product of two bills passed by the state legislature and signed into law by Governor M. Michael Rounds in 2003. Senate Bill 202 made the necessary changes to state law to bring South Dakota back into compliance with the Juvenile Justice Delinquency and Prevention Act (JJDPA). Senate Bill 8 formed a 20-member group to oversee the stateâ€™s compliance with the JJDPA.
The JJDPA requires:
- the removal of juveniles from adult jails (can still be held up to 48 hours in rural jails that are certified as providing sight and sound separation from adult prisoners by South Dakota Department of Corrections and the Office of Juvenile Justice and Delinquency Prevention);
- sight and sound separation of juveniles from adults when held securely;
- status offenders (Children in Need of Supervision or CHINS in SD) not held in secure facilities (probation violators can be held in secure facilities in some circumstances);
- identification of and addressing of disproportionate minority contact.
South Dakota participated in the JJDPA during the 1970â€™s, but the state later opted out of compliance. In 1994, the state moved into compliance with the act again. In 1996, legislation was passed that allowed for the placement of both CHINS and delinquent juveniles in adult jails provided that they are physically separated from the adult prisoners.
With the passage of SB 202, the state of South Dakota is eligible for $600,000 in formula grant funds. At least 80% of these funds will support community services to lessen the financial impact on counties, including detention and shelter care subsidies, transportation reimbursements, holdover sites, and the costs of home detention and electronic monitoring.
The council is responsible for:
- Establishing policy along with the Secretary of Corrections on how the formula grants program of the JJDPA is to be administered in South Dakota;
- Approving a state plan required by the federal act;
- Submitting an annual recommendation to the Governor and the Legislature concerning the council and the status of the stateâ€™s compliance with the act;
- Approving or disapproving grant applications and other funding requests submitted to the Department of Corrections;
- Assisting the Department of Corrections in monitoring the stateâ€™s compliance with the act;
- Studying the coordination of various juvenile intervention, prevention, treatment and rehabilitation programs;
- Studying effective juvenile sentencing, adjudication and diversion policies and provisions;
- Making a special study of, and making an annual report to the Governor and the Legislature concerning the appropriate administration of and provision for CHINS;
- Contacting and seeking regular input from juveniles currently under the jurisdiction of the juvenile justice system; and
- Performing other activities as determined by the Governor, the secretary of the Department of Corrections or the Council.
The initial members of the council will draw lots to determine who will hold the eight three-year terms, six two-year terms and six one-year terms. Thereafter, each member will serve three-year terms. Members can be reappointed and may continue to serve an expired term until replaced by the Governor. A chairperson will be selected annually by the council members. The chairperson cannot be a full-time federal, state or local employee.
The Department of Corrections is responsible for supervising and administering the stateâ€™s plan for participation in the formula grants program of the act. The Department is also required to provide staffing and support services to the Council of Juvenile Services
The Council of Juvenile Services is made up of:
|Betty Oldenkamp, Chair||Beth O'Toole, Vice-Chair|
|Kim J. Cournoyer||Carol Twedt|
|Keegan Binegar||Kristi Bunkers|
|Charles Frieberg||Judge Steven Jensen|
|Aaron McGowan||Amy Lake-Harmon|
|Virgena Wieseler||Lyndon Overweg|
|Austin Biers||Sheriff Mike Leidholt|
|Renee Gallagher||Dadra Avery|
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