South Dakota statute
SDCL § 26-11-3.1 — Request for transfer hearing by delinquent child charged with felony
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 11: Criminal Proceedings Against Minors, South Dakota Codified Laws.
Full text of SDCL § 26-11-3.1
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
Any delinquent child sixteen years of age or older against whom Class A, Class B, Class C, Class 1, or Class 2 felony charges have been filed shall be tried in circuit court as an adult. However, the child may request a transfer hearing which shall be conducted pursuant to § 26-11-4 to determine if it is in the best interest of the public that the child be tried in circuit court as an adult. In such a transfer hearing, there is a rebuttable presumption that it is in the best interest of the public that any child, sixteen years of age or older, who is charged with a Class A, Class B, Class C, Class 1, or Class 2 felony, shall be tried as an adult.
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