{"data":{"id":"us-sd/sdcl-26-7a-126","jurisdiction":"us-sd","citation":"SDCL § 26-7A-126","heading":"Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.","body":"The following allegations of delinquency and children in need of supervision shall be treated as juvenile cited violations by law enforcement:\n(1) Petty theft in the second degree pursuant to § 22-30A-17.3;\n(2) Intentional damage to property, four hundred dollars or less, pursuant to § 22-34-1;\n(3) Purchase, possession, or consumption of alcoholic beverage by person under twenty-one years pursuant to § 35-9-2 in accordance with subdivision 26-8B-2(5); and\n(4) Truancy pursuant to subdivision 26-8B-2(1).\nThe issuing officer shall notify the child and the child's parent, guardian, or custodian that a hearing on the citation for a cited violation shall be held before a judicial circuit court judge within ten days of issuance of the citation or on the next available court date and be treated as a confidential juvenile matter. The hearing shall be held pursuant to § 26-7A-36 and the case records shall be treated as confidential consistent with the provisions of §§ 26-7A-114, 26-7A-115, 26-7A-116, 26-7A-120, and 26-7A-27. A cited violation is not an adjudication or a child in need of supervision or delinquency proceeding. In lieu of a citation, pursuant to subdivision 26-7A-126(4), a school official may file a report with the state's attorney. A report may also be filed with the state's attorney in lieu of a citation if the conduct occurs in conjunction with another offense that is not subject to the juvenile cited violation process.","path":["TITLE 26. MINORS","CHAPTER 26-7A. JUVENILE COURT"],"source_url":"https://sdlegislature.gov/Statutes/26-7A-126","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"7f1841cfe72df2cea5fc2ab3da8a0d352cc356512a22efc5428525a3b26ded1d","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-26-7a-125","next":"us-sd/sdcl-26-7a-127"},"notice":"GroundRules: Original legal text. Not legal advice."}