STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

April 19, 1972

Newell E. Krause
State's Attorney, Walworth County
Mobridge, South Dakota 57601

OFFICIAL OPINION NO. 72-17

Disposition of fine charged a juvenile delinquent under SDCL 26-8-30

Dear Mr. Krause:

Consideration has been given to your request for an opinion relating to the disposition of a fine imposed by the court in a proceeding involving a delinquent child under SDCL 26-8, as amended by Chapter 164, Laws of 1968.

SDCL 26-8-7 defines a delinquent child as follows:

"Delinquent child" means any child ten years of age or older who, regardless of where the violation occurred, has violated any federal or state law, except state traffic laws cognizable by a justice of the peace; any municipal ordinance, except traffic ordinances, cognizable by a justice of the peace.

SDCL 26-8-39 authorizes the court to impose a fine not to exceed $50.

SDCL 26-8-56 provides:

No adjudication under the provisions of this chapter shall operate as a disqualification of any child for any public office, or from any civil service or military service application, and no child shall be denominated as a criminal by reason of such adjudication, nor shall such adjudication be denominated a conviction.

Article VIII, Sec. 3 of the State Constitution provides that all fines collected from the violations of state laws shall be paid to the county treasurer of the county in which said fine shall have been imposed, and remitted to the State Treasurer, and thence apportioned back to the several schools of the county.

Delinquency and criminal status are here differentiated for a limited purpose which is stated in the law itself, to prevent the permanent disabilities of criminality from attaching to one who was a minor when he committed the criminal act. The distinction was not in tended to carry beyond the purpose for which it was created. The imposition of a fine against a minor is in no way distinguishable from the imposition of a fine against an adult for the same offense. There has been no distinction historically, and there is nothing in SDCL 26-8 to indicate that the Legislature had any such change in mind.

It is my opinion that SDCL 2348-30 applies to the disposition of this item collected, and it should be remitted to the Treasurer with other fines collected in the county.

Respectfully submitted,

Gordon Mydland
Attorney General