94
th Legislative Session _ 2019
Committee: Senate Judiciary
Tuesday, February 05, 2019
P - Present
E - Excused
A - Absent
Roll Call
E DiSanto
P Greenfield (Brock)
P Kennedy
P Nelson
P Stalzer
P Rusch, Vice-Chair
P Russell, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Lance Russell, Chair.
The President Pro tem has appointed a new member to the Senate Judiciary Committee to replace
Senator Schoenbeck for one day, due to a potential quorum issue with Senator Schoenbeck not being
available. Senator Greenfield will replace Senator Schoenbeck.
MOTION: TO APPROVE THE MINUTES OF THURSDAY, JANUARY 31, 2019
Moved by: Rusch
Second by: Nelson
Action: Prevailed by voice vote.
SB 67: revise provisions regarding commitment of a child adjudicated as delinquent.
Presented by: Senator Al Novstrup
Proponents: Chris White, self, Aberdeen
Staci Ackerman, South Dakota Sheriffs' Association
Roxanne Hammond, self, Pierre
Karly Winter, self, Aberdeen
Rhett Bye, self, Sioux Falls
Dan Nelson, self, Brookings
Alexis Tracy, self, Vermillion
Rob L. Monson, School Administrators of South Dakota
Steve Smith, Lyman County States Attorney
Charles McGuigan, Office of the Attorney General
Mark Vargo, self, Rapid City
Mitch Richter, United School Association of South Dakota
Dianna Miller, Large School Group
Wade Pogany, Associated School Boards of South Dakota
Paul E. Bachand, South Dakota State's Attorneys Association
Lori Martinec, South Dakota Police Chiefs Association
Opponents: Kristi Bunkers, Department of Corrections
Greg Sattizahn, Unified Judicial System
Justin Bell, South Dakota Association of Criminal Defense Lawyers
Amy Iversen-Pollreisz, Deputy Secretary, Department of Social Services
MOTION: AMEND SB 67
67wa
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 26-8C-7 be amended to read:
26-8C-7. If a child has been adjudicated as a delinquent child, the court shall enter a decree of
disposition according to the least restrictive alternative available in keeping with the best interests
of the child. The decree shall contain one or more of the following:
(1) The court may require the child to pay restitution, as defined in subdivision 23A-28-2(4)
and under conditions set by the court, if payment can be enforced without serious hardship
or injustice to the child;
(2) The court may impose a fine not to exceed one thousand dollars;
(3) The court may place the child on probation under the supervision of a court services
officer or another designated individual pursuant to § 26-8C-14;
(4) The court may require a child as a condition of probation to participate in a supervised
community service program, if the child is not deprived of the schooling that is
appropriate for the child's age, needs, and specific rehabilitative goals. The supervised
community service program shall be of a constructive nature designed to promote
rehabilitation, appropriate to the age level and physical ability of the child, and shall be
combined with counseling by the court services officer or other guidance personnel. The
supervised community service program assignment shall be made for a period of time
consistent with the child's best interests, but for not more than ninety days;
(5) The court may place the child at the Human Services Center for examination and
treatment;
(6) The court may place the child in a detention facility for not more than ninety days, which
may be in addition to any period of temporary custody;
(7) The court may place the child in an alternative educational program;
(8) The court may order the suspension or revocation of the child's right to apply for a driving
privilege, suspend or revoke an existing driving privilege, or restrict the privilege in such
manner as it sees fit, including requiring that financial responsibility be proved and
maintained;
(9) The court may assess or charge costs and fees permitted by §§ 16-2-41, 23-3-52, 23A-27-26, 23A-28B-42, and 23A-27-27 against the child, parent, guardian, custodian, or other
party responsible for the child; or
(10) The court may only commit a child to the Department of Corrections if the judge finds
that:
(a) No viable alternative exists;
(b) The Department of Corrections is the least restrictive alternative; and
(c) The child is currently adjudicated delinquent for an offense eligible for transfer
proceedings pursuant to § 26-11-3.1; the child is currently adjudicated delinquent
for 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 the court finds from evidence
presented at the dispositional hearing or from the pre-dispositional report that the
youth presents a significant risk of physical harm to another person; or the court
finds from evidence presented at the dispositional hearing or from the pre-dispositional report that the child is currently on probation, that probation has been
unsuccessful, and that no other appropriate services are available in the child's
community.
Any finding made pursuant to this section shall be made in the written decree. "
Moved by: Greenfield (Brock)
Second by: Stalzer
Action: Prevailed by voice vote.
MOTION: DO PASS SB 67 AS AMENDED
Moved by: Nelson
Second by: Stalzer
Action: Prevailed by roll call vote. (4-2-1-0)
Voting Yes: Greenfield (Brock), Nelson, Stalzer, Russell
Voting No: Kennedy, Rusch
Excused: DiSanto
SB 107: revise provisions regarding rape.
Presented by: Senator Stace Nelson
Proponents: Charles McGuigan, Office of the Attorney General
Dianna Miller, South Dakota Network Against Family Violence
Paul E. Bachand, South Dakota State's Attorneys Association
Opponents: Justin Bell, South Dakota Association of Criminal Defense Lawyers
MOTION: DO PASS SB 107
Moved by: Greenfield (Brock)
Second by: Nelson
Action: Prevailed by roll call vote. (4-2-1-0)
Voting Yes: Greenfield (Brock), Nelson, Stalzer, Russell
Voting No: Kennedy, Rusch
Excused: DiSanto
SB 185: revise certain provisions regarding restoration to competency for criminal
defendants.
MOTION: TO TABLE SB 185
Moved by: Stalzer
Second by: Kennedy
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Greenfield (Brock), Kennedy, Nelson, Stalzer, Rusch, Russell
Excused: DiSanto
MOTION: THAT THE MEETING BE IN RECESS UNTIL AFTER THE FLOOR SESSION
TODAY.
Moved by: Nelson
Second by: Stalzer
Action: Prevailed by voice vote.
The meeting was rescheduled to meet in appropriations room 362 immediately after the adjournment
of floor session.
SB 144: remove certain sanctions regarding public assistance for certain felony drug
offenders.
Presented by: Senator Reynold Nesiba (Handout(s): #1)
Proponents: Terrance Lee Dosch, South Dakota Council of Community Behavioral Health
Jenae Kristine Hansen, National Association of Social Workers-South Dakota
Sister Kathleen Bierne, Presentation Sisters of Aberdeen
Opponents: Laura Ringling, Department of Social Services
Others: Brenda Tidball-Zeltinger, Department of Social Services (responded to question)
MOTION: DO PASS SB 144
Moved by: Kennedy
Second by: Rusch
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER SB 144 TO THE 41ST LEGISLATIVE DAY
Moved by: Nelson
Second by: DiSanto
Action: Prevailed by roll call vote. (4-2-1-0)
Voting Yes: DiSanto, Nelson, Stalzer, Russell
Voting No: Kennedy, Rusch
Excused: Greenfield (Brock)
SB 150: revise the penalty for possession of substances containing cannabis intended for
consumption other than by smoking or inhalation.
Presented by: Senator Ryan Maher
Proponents: Justin Bell, South Dakota Association of Criminal Defense Lawyers (Handout(s): #2)
Opponents: Paul E. Bachand, South Dakota State's Attorneys Association
Rick Miller, Department of Public Safety
Charles McGuigan, Office of the Attorney General
Staci Ackerman, South Dakota Sheriffs' Association
MOTION: DEFER SB 150 TO THE 41ST LEGISLATIVE DAY
Moved by: Nelson
Second by: Stalzer
Action: Prevailed by roll call vote. (5-1-1-0)
Voting Yes: DiSanto, Nelson, Stalzer, Rusch, Russell
Voting No: Kennedy
Excused: Greenfield (Brock)
HB 1046 was previously heard in committee on January 31.
HB 1046: revise certain provisions regarding the attorney recruitment assistance program.
MOTION: REFER HB 1046 TO COMMITTEE ON APPROPRIATIONS
Moved by: Nelson
Second by: DiSanto
Action: Prevailed by roll call vote. (5-1-1-0)
Voting Yes: DiSanto, Nelson, Stalzer, Rusch, Russell
Voting No: Kennedy
Excused: Greenfield (Brock)
SCR 7 was previously heard and amended in committee on January 31.
SCR 7: Directing the Executive Board to create a fifteen-member task force to study and
make legislative proposals regarding alternatives to imprisonment for those convicted of the
crime of ingestion of controlled substances.
MOTION: REFER SCR 7 TO COMMITTEE ON APPROPRIATIONS AS AMENDED
Moved by: Nelson
Second by: DiSanto
Action: Prevailed by roll call vote. (5-1-1-0)
Voting Yes: DiSanto, Nelson, Stalzer, Rusch, Russell
Voting No: Kennedy
Excused: Greenfield (Brock)
MOTION: ADJOURN
Moved by: Nelson
Second by: Greenfield (Brock)
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Lance Russell, Chair
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