Waiver of counsel, 2014
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In South Dakota, an attorney for a juvenile can be appointed at the following points in the process: Detention Hearing / First Court Appearance / Arraignment; Once a Petition is Filed / Hearing on the Petition; All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at the local level (county/judicial district)
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
In South Dakota, juvenile indigency law is governed by both juvenile and adult statutes, which provide a determination of indigency. Indigency is judicially determined.
Courtroom shackling, 2015
No statewide restriction
Sex offender registration, 2015
South Dakota has many sections in statute related to juvenile competency, which align with the Dusky standard. Incompetent Juveniles are not subject to delinquency or Children in Need of Supervision adjudications when there is reasonable cause to believe the juvenile is suffering from a mental illness or developmental disability rendering the juvenile incompetent to proceed. In assessing the juvenile's competency, the examiner shall compare the juvenile being examined to juvenile norms for a juvenile of a similar age and the juvenile's level of developmental skills
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity