2011 South Dakota Code
Title 26 MINORS
Chapter 08C. Delinquent Children
§26-8C-15 Provisions for violation of terms and conditions of probation.

26-8C-15. Provisions for violation of terms and conditions of probation. The following provisions apply if the child is alleged to have violated the terms and conditions of probation:

(1) The court shall set a hearing on the alleged violation and shall give five days' notice to the child, to the child's parents, guardian, or custodian, and to any other parties to the proceedings;

(2) The child and the child's parents, guardian, or custodian shall be given a written statement concerning the alleged violation;

(3) The child may be represented by legal counsel at the probation violation hearing and the child is entitled to the issuance of compulsory process for the attendance of witnesses;

(4) If the court finds by a preponderance of the evidence that the child violated the terms and conditions of probation, the court may modify the terms and conditions of probation, revoke probation, or take other action permitted by this chapter or chapter 26-7A which is in the best interests of the child and the public;

(5) If the court finds that the child did not violate the terms and conditions of probation as alleged, the court shall dismiss the proceedings and continue the child on probation under the terms and conditions previously prescribed.

Source: SL 1991, ch 217, § 166C.