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Document Type

Student Comment/Note

Abstract

Treatment courts in South Dakota are designed to reduce recidivism by treating the root cause of criminal behavior. The data shows that, of the almost three thousand participants who have applied and been selected to take part in a South Dakota treatment court, over a thousand participants have successfully graduated from these post-plea diversion programs. A slight majority of participants, however, did not complete the program and either left voluntarily or were terminated from treatment court. The apparent success of treatment courts can overshadow due process concerns which arise when a participant faces termination. While the Supreme Court of the United States has not addressed what, if any, process is due to treatment court participants facing termination, many state courts have considered the issue. South Dakota is not one of those states, but the question will inevitably be asked: What process is due to treatment court participants in South Dakota? This comment will address that question by analyzing the current, limited case law in South Dakota, examining how other states have addressed the question, and offering suggestions for how the South Dakota Legislature and Supreme Court can defend the efficacy of the state’s treatment courts by protecting the due process rights of participants facing termination.

DOI

https://www.doi.org/10.70657/SDLR.V71.I2.438

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