CHAPTER 168
(SB 136)
Juvenile monitor's report deemed a public record.
ENTITLED, An Act to
provide for the release of the juvenile monitor's report after clearance by
the attorney general and to provide for a confidential addendum to the report.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That chapter
26-11A
be amended by adding thereto a NEW SECTION to read as
follows:
Prior to the release of the semi-annual report of the monitor as provided for in subdivision 26-
11A-27(4), the attorney general shall certify that that report does not disclose the identity of any
juvenile or other person in violation of the provisions of
§
26-11A-30 or 26-11A-33. Upon such
certification, the monitor's semi-annual report is deemed an open record.
Section
2.
That
§
26-11A-27
be amended to read as follows:
26-11A-27.
The monitor created in § 26-11A-25 shall:
(1)
Investigate incidents of abuse or neglect of such individuals within the juvenile
corrections facilities, if the incidents are reported to the monitor or if there is reasonable
suspicion to believe that the incidents occurred;
(2)
Access any individual in the custody or care of juvenile corrections facilities and any
employee in the employ of the State of South Dakota or any of its political subdivisions;
(3)
Access any records of or relating to any individual in the custody or care of juvenile
facilities;
(4)
Provide a semi-annual report to the Governor, the Legislature, the Corrections
Commission established by § 1-15-1.13, the secretary of the Department of Human
Services, and the secretary of the Department of Corrections. The report shall contain
the activities of the monitor for the six-month period immediately prior to the report.
Activities shall reflect the number of referrals to the monitor, the number of
investigations completed,
results of the investigations, corrective actions taken,
a brief
description of any investigation that resulted in a finding of abuse or neglect,
and a
summary of other activities performed by the monitor;
(5)
Provide training and assistance to employees of the Department of Corrections in areas
within the scope of the monitor's position;
(6)
Review Department of Corrections' policies dealing with juvenile's rights to ensure
compliance with federal and state laws, rules, and policy;
(7)
Provide reasonable notification of the existence and role of the monitor to all
individuals in the custody or care of a juvenile corrections facility and the custodial
parent or guardian
;
(8) Submit a confidential addendum to each semiannual report to the Government
Operations and Audit committee created in
§
2-6-2, the Governor, the secretary of the
Department of Human Services, and the secretary of the Department of Corrections.
This addendum shall contain a description of each case investigated, the specific
findings and recommendations of the juvenile corrections monitor, and the Department
of Corrections' response to the recommendations
.
Signed March 7, 2007