SDCL § 26-11-3.1: Request for transfer hearing by delinquent child charged with felony.
Where this section sits in the code
- TITLE 26. MINORS
- CHAPTER 26-11. CRIMINAL PROCEEDINGS AGAINST MINORS
Any delinquent child sixteen years of age or older against whom Class A, Class B, Class C, Class 1, or Class 2 felony charges have been filed shall be tried in circuit court as an adult. However, the child may request a transfer hearing which shall be conducted pursuant to § 26-11-4 to determine if it is in the best interest of the public that the child be tried in circuit court as an adult. In such a transfer hearing, there is a rebuttable presumption that it is in the best interest of the public that any child, sixteen years of age or older, who is charged with a Class A, Class B, Class C, Class 1, or Class 2 felony, shall be tried as an adult.
Collected 2026-09-03T15:18:57Z. Source file · JSON