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
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