Teen Courts, also known as Youth Courts, Peer Courts and Student Courts, offer a positive alternative to the formal juvenile court system for some youth. There are 10 Teen Courts in South Dakota that cover 15 counties
The State's Attorneys office established the Pennington County Teen Court in 2001 and I was hired to develop and coordinate the program. This was all in an effort to expand juvenile diversion in our county and improve graduated sanctions. South Dakota Codified Laws (SDCL) 26-7A-10 (3) allows State's Attorneys dealing with juvenile offenders an option to formally charging some of them in court and allows for diversion. It is generally used for first time offenders of misdemeanor crimes and the youth and parent/guardian must voluntarily agree to participate. If they choose not to, then the SAO proceeds with formal charges. Once they agree to participate, the diversion program has six months to work with the youth. The Pennington County Teen Court allows three months with the exception of some cases that involve restitution.
A condition of participation is that the youth must admit to the offense. Teen Court is then a valid sentencing hearing approved and supported by the 7th Judicial Circuit and Pennington County State's Attorneys. Teens in grades 8-12 are trained to play the roles in the court, such as attorneys and jurors, and empowered to deliver restorative justice to their peers who have committed crimes. If the youth successfully completes what their peers order within the three months, there are no formal charges filed. Otherwise, the case is returned to the State's Attorney with a recommendation to proceed formally.
Teen Court is held every Monday night, with some exceptions. Two to seven cases are held each evening. It takes at least 20 youth volunteers to participate on any given court night. The PC Teen Court has about 35 active volunteers who commit to volunteering at least one night a month. In addition, all respondents must also serve at least one jury term as a condition of their sentence. Therefore, all the juries are made up of a combination of kids who have "been there, done that," trained volunteers, and those that have successfully completed the program and continue to volunteer for the program.
Adults from a variety of entities in the community also volunteer with the teens in their efforts to prevent local juvenile crime and problem behavior. Barriers are often eradicated and adults come to see the value of seeking input and assistance from young people in addressing justice issues. Success rate is based on those youth who successfully complete their Teen Court requirements within the time allowed. Since inception, the PC Teen Court has sentenced 1,058 cases and the average success rate is about 84 percent.
Whether you are familiar with the Pennington County Teen Court, know just a little about it or nothing at all, we invite you to get the facts and experience a mock trial when we have our annual open house to celebrate National Youth Court Month. These are confidential hearings, so it is through mock trials that we are able to show the community how Teen Court works.
Open House will begin at 6 p.m. with a mock trial on Tuesday, Sept. 22, in the Pennington County Courthouse.
Editor's note: This article has been changed from its original publication to amend the date of Teen Court's open house.