Section 23A-48-22 – Irrevocability of discharge credits–Sentencing court authority to modify probation.
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.
Section 23A-48-A – Graduated Response Grid
APPENDIX TO CHAPTER 23A-48 Appendix A. Graduated Response Grid South Dakota’s Application of Supervisory Responses (ASR): Responding to the Public Safety Improvement Act Violation Severity Administrative/ Financial Obligations Only/ Case Service Monitoring Low Risk active probationer (LSI-R) Moderate Risk active probationer (LSI-R) High Risk active probationer (LSI-R) Minor Failure to file paperwork/form on time Failure […]
Section 23A-48-18 – Eligibility for earned discharge credit.
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 […]
Section 23A-48-19 – Criteria for awarding earned discharge credits.
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 […]
Section 23A-48-20 – Reports to chief court services officer.
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 […]
Section 23A-48-21 – Review of denial of earned discharge credit.
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 […]
Section 23A-48-12 – Term of probation.
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.
Section 23A-48-13 – Response grid oversight committee.
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 […]
Section 23A-48-14 – Sentencing court authority to respond to violation or modify conditions.
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.
Section 23A-48-15 – Earned discharge policy established.
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.