Unbalanced Youth Justice

The Burns Institute is in pursuit of an equitable and excellent youth justice system. A system used sparingly and appropriately.  We know that our current youth justice system is not equitable, excellent, or used sparingly and appropriately. More than 47,000 youth were incarcerated on any given night in 2015, most (73 percent) for non-violent offenses. The majority (69 percent) of those incarcerated were youth of color.  Learn more »

Use the tools below to explore this issue »

One-day count

Data in this section show how many youth are detained, committed, or otherwise sleeping somewhere other than their homes per orders of the court on "any given day" in select years. Data is available for the nation and on a state-by-state basis, and are based upon one-day counts of youth in residential placement facilities conducted in 1997, 1999, 2001, 2003, 2006, 2007, 2010, 2011, 2013, and 2015. Learn more »

Show table and download this data

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Year White Black Latino Native American Asian Other All youth of color All youth

Annual decision points

This section includes data at nine key juvenile justice annual decision points. Data are available at the county and state-level, but only for counties that report. This section allows you to view the data from many different angles and all of the data is broken down by race and ethnicity. Learn more »

Year

Data not available for every year. (Why?)

Available years are those for which states have submitted data to OJJDP. States do not submit data on an annual basis.

Case flow diagram

Click on a decision-making point to see the data for that point. Click additional decision-making points to the graph to compare.

  1. Youth population

  • 1Comparison of arrest to population is rate per 1,000 youth. All other annual decision points are rate per 100 youth at the prior decision-making point.
  • 2Due to differences in how states define arrests and referrals to court, some states may have more referrals to court than arrests.
Show table and download this data

Click column headers to sort Download

Decision White Black Latino American Indian or Alaskan Native Hawaiian or Pacific Islander Asian Other All youth of color All youth

3 of 66 counties (Why?)

Originally, states were only required to examine three counties: those with the greatest proportions of minority youth within their juvenile population, as well as those that contained the greatest numbers of minority youth. Only recently has OJJDP required that states track DMC data for all potential DMC reduction sites on a regular basis (at least every 3 years). If a county is not a DMC reduction site, data may not be available.

Detention statute

Juvenile courts may hold delinquents in a secure detention facility if the court believes it is in the best interest of the community or the child. After arrest a youth is often brought to the local juvenile detention facility by law enforcement. Juvenile probation officers or detention workers review the case and decide if the juvenile should be held pending a hearing by a judge.

Jurisdiction ages

  • 10–17
  • Extended Age of Delinquency Jurisdiction: 20

Age of detention

  • 10–17
  • Extended Age of Detention Jurisdiction: 20

Standard for detention

An apparent or alleged delinquent child taken into temporary custody by a law enforcement officer prior to a temporary custody hearing shall be released to the child's parents, guardian, or custodian unless the parents, guardian, or custodian cannot be located or in the judgment of the intake officer are not suitable to receive the child, in which case the child shall be placed in shelter. A child may not be placed in detention unless the intake officer finds that the parents, guardian, or custodian are not available or are not suitable to receive the child, and finds at least one of the following circumstances exists:

(1) The child is a fugitive from another jurisdiction;

(2) The child is charged with a violation of § 22-22-7, a crime of violence under subdivision 22-1-2(9) or a serious property crime, which, if committed by an adult, would be a felony;

(3) The child is already held in detention or on conditional release in connection with another delinquency proceeding;

(4) The child has a demonstrable recent record of willful failures to appear for juvenile court proceedings;

(5) The child has a demonstrable recent record of violent conduct;

(6) The child has a demonstrable recent record of adjudications for serious property offenses;

(7) The child is under the influence of alcohol, inhalants, or a controlled drug or substance and detention is the least restrictive alternative in view of the gravity of the alleged offense and is necessary for the physical safety of the child, the public, and others; or

(8) The child has failed to comply with court services or a court ordered program.

The shelter or detention authorized shall be the least restrictive alternative available.

Detention hearing timeline

S.D. Codified Laws Ann. § 26-7A-20.

Within 48 hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays.

Contact

Please email Anna Wong with any updates to contact information for your DMC coordinator, JJS coordinator, or DMC subcommittee chair.

DMC coordinator

Joy Erlenbusch
3200 East Highway 34
c/o 500 E. Capitol Avenue
Pierre, SD 57501
Phone: 605-773-3478
Fax: 605-773-3194
joy.ellefson@state.sd.us

Website

JJS coordinator

Bridget Coppersmith
Department of Corrections
3200 East Highway 34
c/o 500 E Capitol Ave
Pierre, SD 57501
Phone: 605-773-3478
Fax: 605-773-3194
bridget.coppersmith@state.sd.us

DMC subcommittee chair

There is currently no DMC subcommittee chair

Reform efforts

States that wish to post their most recent three-year plans or share other relevant publications about their reform work should contact Anna Wong. We would be happy to link to relevant documents and information.

DMC reform efforts

  • Interventions in two locations that focus on decreasing DMC
  • Increase education and training opportunities regarding DMC
  • Dissemination of DMC information
  • Data improvement projects
  • Evaluation
  • Ongoing Monitoring
  • Assessment

State plan

There is no link availabale to the current State Plan

FY2012 South Dakota Formula Grant Application

State Advisory Group (SAG)

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 state's compliance with the JJDPA.

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 state'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 state'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.

SAG chair

Carol Twedt
Retired
Can be reached through Bridget:
Phone: 605-773-3478
Fax: 605-773-3194
bridget.coppersmith@state.sd.us
Website

Organizational structure

This Council was created by South Carolina statute (Section 23-4-210) in 1975 in accordance with the requirements of the Juvenile Justice and Delinquency Prevention Act of 1974 (Section 223(a)). Its members, appointed by the Governor, are volunteer, private citizens with an abiding interest and training in children's issues as well as representatives from state and local government agencies involved in juvenile justice and delinquency prevention.

Committees

  • JDAI Steering Committee
  • Juvenile Justice Records

Membership

  1. Carol Twedt, Minnehaha County Commissioner, Sioux Falls
  2. Sheriff Mike Leidholt, Hughes County Sheriff, Pierre
  3. Nancy Allard, Unified Judicial System, Pierre
  4. Dr. J.C. Chambers, Stronghold Counseling, Sioux Falls
  5. Victor Erlacher, Foster Care Provider, Arlington
  6. Dave Nelson, Minnehaha County States Attorney, Sioux Falls
  7. Dr. Susan Randall, South Dakota Voices for Children, Sioux Falls
  8. Tara Russell, Youth Member, Pierre
  9. Doug Herrmann, Department of Corrections, Pierre
  10. Judge Karen Jeffries, Children's Court Judge, Eagle Butte
  11. Judge Janine Kern, 7th Circuit Court, Rapid City
  12. Elizabeth Heidelberger, Youth Member, Rapid City
  13. Beth O'Toole, University of Sioux Falls, Sioux Falls
  14. Virgena Wieseler, Department of Social Services, Pierre
  15. Ella Rae Stone, YST Correctional Facility, Lake Andes
  16. Gib Sudbeck, Division of Alcohol and Drug Abuse, Pierre
  17. Chief Jo Vitek, Watertown Police Department, Watertown
  18. Jason Goette, Youth Member, Aberdeen
  19. Grant Walker, Walworth County States Attorney, Selby
  20. Richard Erickson, Youth Member, Yankton

About the data

Our website is populated by data provided to us by the Office of Juvenile Justice and Delinquency Prevention (OJJDP). Continue reading for details about the One-day count and Annual decision points data.

Download

Complete downloads of the data are available in several formats:

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Each table of data is also available for download. Click Show table below any table to download just the data shown.