A 2023 bill in South Dakota has led to a significant increase in diversion programs for youth, with more children being given the chance to avoid formal court proceedings. The bill, Senate Bill 5, paved the way for higher payments to counties that successfully implement diversion strategies for youth, encouraging prosecutors to offer these alternatives to formal adjudication.
Boost in Funding and Results for Juvenile Diversion
The bill extended the lifespan of the Juvenile Justice Oversight Council, which was established in 2015 as part of a comprehensive juvenile justice reform aimed at reducing youth incarceration. The reforms were designed to prevent the negative consequences of detaining children, which is far more costly than community-based programs or probation.
One of the most notable outcomes of the 2023 law was the increase in funding for diversion programs. The Juvenile Justice Oversight Council recommended offering counties $750 for each successful diversion, an increase of $500 from previous levels. This recommendation led to the passage of a successful bill in 2024, sponsored by the Department of Corrections (DOC), to increase these payments.
In the nine years since the reforms were implemented, South Dakota has distributed $4.2 million in incentives to counties to promote diversion practices.
How Diversion Programs Work
Diversion programs allow children who have been accused of committing a criminal act to avoid going through the formal court system. Instead of adjudication, a child may be offered an alternative set of actions, such as completing community service or attending counseling sessions. If the child successfully completes the requirements, their case is closed without formal court proceedings.
For example, a child charged with alcohol consumption might be required to undergo a substance abuse evaluation, check in with the prosecutor’s office, and maintain good behavior. Upon successful completion, the child’s case is closed without ever seeing a judge.
Increased Diversion Opportunities in 2024
According to the annual juvenile justice report, the number of children offered diversion opportunities in 2024 significantly increased compared to previous years. Kristi Bunkers, a member of the Juvenile Justice Oversight Council, noted that the number of diversion offers in 2024 was twice as high as it was when the reforms began nearly a decade ago. Approximately 82% of the 2,439 children offered diversion programming last year successfully completed it, showing the effectiveness of these programs.
The report also highlighted increases in diversions for a range of offenses, including alcohol and drug-related crimes, property crimes, sex offenses, and tobacco use. However, there was a decline in diversions for truancy, with 270 cases in 2024 compared to 313 in 2023. Truancy cases, which involve chronic absenteeism from school, often reflect deeper issues in a child’s home life, and the council is focused on finding ways to intervene earlier in these cases.
Addressing Truancy and Family Support
David Knoff, a First Circuit judge and oversight council member, shared that truancy cases can indicate significant underlying problems in a child’s home life. In 2024, the Department of Social Services’ Division of Behavioral Health worked with over 4,700 youth and families, offering individual or family therapy. Knoff emphasized the importance of making families aware of resources they can tap into and ensuring that school districts can provide the necessary support.
A 2021 law allowing parents to remove children from school for alternative instruction, such as online schooling or homeschooling, may have impacted truancy cases. The law reduced some requirements for instruction time and testing, which has raised concerns about the state’s ability to monitor whether children are receiving a sufficient education.
Future Focus
The increased use of diversion programs in South Dakota shows promising results for youth who might otherwise have been caught in the formal justice system. However, as truancy cases continue to rise, the state will need to find innovative ways to intervene earlier and provide support to at-risk families.
The continued success of diversion programs depends on ensuring that they are accessible, that families are connected with the right resources, and that broader systemic issues like truancy are addressed through early intervention and support programs.
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