## How juvenile justice works in South Dakota Juveniles charged with crimes are typically handled in a separate juvenile court system designed around rehabilitation rather than punishment. Where juvenile jurisdiction ends and adult prosecution begins is governed by state law. ### South Dakota framework - **Maximum age for juvenile-court jurisdiction:** 18 - **Minimum age for transfer to adult court:** Not set by minimum age — judicial transfer ## How juvenile court differs from adult court - **No jury** — most juvenile proceedings are decided by a judge - **Different terminology** — "adjudication" not conviction; "disposition" not sentence; "delinquent" not guilty - **Confidentiality** — proceedings and records are typically confidential and sealed - **Rehabilitative focus** — counseling, education, community service, family interventions - **Limited terms** — most dispositions end at the age of majority (with extensions in some states) - **No bail** — release decisions are made through detention hearings, not bail - **Shorter pretrial procedures** — speedy resolution favored ## Transfer to adult court ("waiver" or "bind-over") Three transfer mechanisms exist across states: 1. **Judicial waiver** — judge decides after a hearing whether the juvenile should be transferred (most common) 2. **Statutory exclusion / automatic** — certain serious offenses + certain ages automatically charge as adult 3. **Prosecutorial direct file** — prosecutor decides whether to file in juvenile or adult court (controversial; reformed in many states) Recent reform trend has been narrowing prosecutorial direct file in favor of judicial waiver hearings. ## What ends up in juvenile court Three main categories of cases: - **Delinquency** — would be a crime if committed by an adult - **Status offenses** — only illegal because of age (curfew, truancy, runaway, alcohol) - **Dependency** — abuse, neglect, abandonment by parents (separate from this guide's scope) ## Common dispositions - **Diversion** — informal probation, restitution, community service; often dismisses if completed - **Probation** — supervised release with conditions - **Counseling and treatment** — anger management, substance abuse, mental health - **Restitution** — repayment to victims - **Community service** - **Detention** — secure facilities for short-term holds - **Commitment** — long-term placement in juvenile correctional facility - **Group home / residential treatment** - **Out-of-state placement** for serious cases ## Sealing and expungement Juvenile records are sealed automatically in many states (typically when the juvenile turns 18 or 21). Some require petition. Sealed records: - Are confidential and not part of public criminal history - Generally don't have to be disclosed on most job applications - Can sometimes be unsealed for limited purposes (subsequent felony cases, sex-offender registration) Don't assume your record is automatically sealed — confirm with a juvenile-defense attorney and follow up. ## Major U.S. Supreme Court juvenile cases - **In re Gault (1967)** — juveniles entitled to most due-process rights (notice, counsel, confrontation, against self-incrimination) - **Roper v. Simmons (2005)** — death penalty unconstitutional for crimes committed by juveniles - **Graham v. Florida (2010)** — life-without-parole unconstitutional for non-homicide juvenile offenses - **Miller v. Alabama (2012)** — mandatory life-without-parole unconstitutional for juvenile homicides - **Montgomery v. Louisiana (2016)** — Miller applies retroactively These cases form the constitutional floor for juvenile sentencing nationwide. ## What parents should do If your child has been arrested or detained: 1. **Get a juvenile-defense attorney immediately** — public defenders are available, but private counsel may be needed in serious cases 2. **Don't let your child speak to police without counsel** — even "informal" interviews can produce evidence used against them 3. **Attend every hearing** — your presence matters to the judge's decisions 4. **Cooperate with intake services** — but with attorney advice on what to share 5. **Ask about diversion** early — diversion programs typically have to be sought, not assumed 6. **Plan for the long-term** — even sealed juvenile records affect college admissions, immigration status (especially for non-citizens), and certain professional licenses ## What you should do Juvenile cases move quickly and the consequences shape a young person's life. Get a South Dakota juvenile-defense attorney involved at the earliest possible moment — many offer reduced rates or are appointed as public defenders for indigent clients. Most South Dakota juvenile-defense attorneys offer free initial consultations. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Juvenile justice law has been heavily reformed in recent years — particularly around the 'Raise the Age' movement. Talk to a licensed South Dakota juvenile-defense attorney about your specific case.*