23A-48-1. Evidence-based probation supervision practices. Adult probation supervision shall use evidence-based practices and shall target the probationer’s criminal risk and need factors with appropriate supervision and intervention, focusing resources on moderate-risk and high-risk offenders. Source: SL 2014, ch 256 (Supreme Court Rule 13-14, §1), eff. Jan. 1, 2014.
23A-48-10. Factors for imposition of sanction. Court services officers shall consider the risk the probationer poses to the community, the severity of any violation, prior history on probation, previous violations or sanctions, and the deterrent effect when imposing a sanction. The court services officer shall also employ positive reinforcement for a probationer’s compliance with the […]
23A-48-11. Court services officer response to violation of conditions of probation. In response to a violation of the conditions of probation the court services officer may: (1)Modify the conditions of community supervision for the limited purpose of imposing graduated sanctions. (2)Place a probationer who violates the terms of supervision in a local correctional or detention […]
23A-48-12. Term of probation. A sanction cannot extend the term of probation. Source: SL 2014, ch 258 (Supreme Court Rule 13-16, §9), eff. Jan. 1, 2014.
23A-48-13. Response grid oversight committee. There is hereby established a response grid oversight committee to consider recommendations to the graduated response grid and make such changes as the committee determines appropriate by majority vote. The committee shall be appointed by the Chief Justice of the South Dakota Supreme Court. The committee shall consist of nine […]
23A-48-14. Sentencing court authority to respond to violation or modify conditions. Nothing in §§23A-48-4 to 23A-48-14, inclusive, shall be construed to limit the sentencing court’s ability to respond to a probation violation or modify the terms and conditions of probation. Source: SL 2014, ch 258 (Supreme Court Rule 13-16, §11), eff. Jan. 1, 2014.
23A-48-15. Earned discharge policy established. Pursuant to the South Dakota Public Safety Improvement Act the Supreme Court establishes the following criteria and procedure for awarding earned credits for discharge from probation. Source: SL 2014, ch 257 (Supreme Court Rule 13-15, §1), eff. Jan. 1, 2014.
23A-48-16.Definitions pertaining to earned discharge credits. Definitions for the purposes of determining earned discharge credits: A.Absconded. The term absconded means to be absent from the offender’s approved place of residence or employment with the intent of avoiding supervision. When there is reason to believe that an offender has absconded, verification of absence is obtained by […]
23A-48-17. Certain probationers ineligible for earned discharged credits. Any probationer serving a term of supervised probation as the result of a sex offense under §22-24B-1, a violation of the sex offender registry requirements, or a violation of community safety zone requirements is not eligible for earned discharge credits under §§23A-48-15 to 23A-48-22, inclusive. Source: SL […]
23A-48-18. Eligibility for earned discharge credit. Except as set forth in §23A-48-17, a probationer who has a term of supervised probation of six months or more as of January 1, 2014 shall be eligible for earned discharge credit as set forth in §23A-48-19 regardless of the date of conviction. Source: SL 2014, ch 257 (Supreme […]
23A-48-19. Criteria for awarding earned discharge credits. A probationer shall be awarded earned discharge credits while on supervised probation as follows: (1)For each full calendar month of compliance with the terms of supervised probation an earned discharge credit of 30 days shall be awarded to a probationer. Each earned discharge credit shall reduce the term […]
23A-48-2. Methods used in adult probation supervision. Adult probation supervision shall include: (1)Use of a normed and validated risk and needs assessment measuring criminal risk factors, specific individual needs and driving variable supervision levels; (2)Use of assessment results to guide targeted supervision responses consistent with evidence-based practices as to the level of supervision and the […]
23A-48-20. Reports to chief court services officer. Within ten days following the end of the month, a supervising court services officer shall report to the chief court services officer for the judicial circuit the name of any probationer eligible for an award of earned discharge credit and whether an earned discharge credit was awarded for […]
23A-48-21. Review of denial of earned discharge credit. A probationer who objects to a supervising court services officer’s determination that the probationer is ineligible for the award of earned discharge credit may seek review of that decision with the chief court services officer for the judicial circuit. Review of the denial of earned discharge credit […]
23A-48-22. Irrevocability of discharge credits–Sentencing court authority to modify probation. Earned discharge credits are not revocable once awarded. However, nothing in §§23A-48-15 to 23A-48-22, inclusive, limits the sentencing court’s authority to modify the terms and conditions of probation. Source: SL 2014, ch 257 (Supreme Court Rule 13-15, §8), eff. Jan. 1, 2014.
23A-48-3. Adult probation change plan defined. “Adult probation change plan” means an individualized, documented accountability and behavior change strategy that: (1)Matches the type and intensity of supervision to the assessed risk of reoffending; (2)Targets and prioritizes the specific criminal risk factors of the individual, with attention to addressing barriers to learning and participation; (3)Engages the […]
23A-48-4. Graduated response grid for violation of conditions of probation. Pursuant to §16-22-13, the Supreme Court hereby adopts the following graduated response grid and rules to guide court services officers in determining the appropriate response to a violation of conditions of probation. It is the policy of the Unified Judicial System that violations of probation […]
23A-48-5. Statewide utilization of grid for adult cases. The response grid in Appendix A to this chapter is hereby adopted for statewide use by court services officers. The response grid shall be utilized statewide for all adult cases supervised through court services. Sections 23A-48-4 to 23A-48-14, inclusive, do not apply to probationers supervised as part […]
23A-48-6. Incentives for compliance. Court services officers are encouraged to provide incentives for compliance with the conditions of probation and acknowledge achievements to reinforce positive behavior. Source: SL 2014, ch 258 (Supreme Court Rule 13-16, §3), eff. Jan. 1, 2014.
23A-48-7. Response grid to be standard condition of probation–Review of moderate or serious sanctions. Except as stated in §23A-48-5 the response grid shall be made a standard condition of probation and a probationer shall be informed that they may seek review of any moderate or serious sanction imposed by requesting review by the chief court […]
