26-11A-15. Aftercare revocation--Hearing--Notice--Written statement of allegations--Witnesses and evidence--Representation.
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/sd/title-26/chapter-26-11/26-11a-15·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If the independent hearing officer finds probable cause that the terms and conditions of aftercare have been violated by committing an act subject to transfer proceedings pursuant to § 26-11-3.1 , a crime of violence pursuant to subdivision 22-1-2(9), sex offense pursuant to § 22-24B-1 , felony sexual registry offense pursuant to chapter 22-24B , or burglary in the second degree pursuant to § 22-32-3 ; or that the juvenile presents a significant risk of physical harm to another person and has committed a new law violation, an aftercare revocation hearing shall be held before a member of the Board of Pardons and Paroles created in § 24-13-1 within thirty days of the temporary detention or shelter hearing.
For the purposes of this section, a new law violation is defined as delinquent behavior pursuant to § 26-8C-2 , a Class 1 misdemeanor violation of title 32, or a violation of § 32-23-21 . The juvenile, with the consent of a parent, guardian, or custodian, has the right to waive this hearing at any time after the juvenile is detained and after advisement that waiver of the right to appear before the Board of Pardons and Paroles may result in the juvenile being returned to placement.
If the hearing officer does not find probable cause that the terms and conditions of aftercare have been violated by committing an act subject to transfer proceedings pursuant to § 26-11-3.1 , a crime of violence pursuant to subdivision 22-1-2(9), sex offense pursuant to § 22-24B-1 , felony sexual registry offense pursuant to chapter 22-24B , or burglary in the second degree pursuant to § 22-32-3 ; or that the juvenile presents a significant and likely risk of physical harm to another person and has committed a new law violation, the juvenile shall be returned to aftercare or released.
The member of the board shall set the aftercare revocation hearing and shall give five days notice to the juvenile, to the juvenile's parents, guardian, or custodian, and to any other parties to the hearing.
The juvenile and the juvenile's parents, guardian, or custodian, shall be given a written statement of the allegations against the juvenile.
The juvenile shall have the opportunity to appear in person, present witnesses, or documentary evidence in the juvenile's behalf, and cross-examine witnesses unless the member of the board makes a written determination that doing so is not in the best interests of the juvenile.
The juvenile may be represented by legal counsel at the hearing.