26-7A-126. Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.
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/sd/title-26/chapter-26-7/26-7a-126·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The following allegations of delinquency and children in need of supervision shall be treated as juvenile cited violations by law enforcement:
(1)Petty theft in the second degree pursuant to § 22-30A-17.3 ;
(2)Intentional damage to property, four hundred dollars or less, pursuant to § 22-34-1 ;
(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
(4)Truancy pursuant to subdivision 26-8B-2(1).
The 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.