Section 23A-49-17 – Answer by party in interest.
23A-49-17. Answer by party in interest. Within thirty days after the service of the notice pursuant to §23A-49-14 or 23A-49-15, the owner of the seized property and any other party in interest or claimant may file a verified answer to the claims described in the complaint instituting the forfeiture proceedings. Source: SL 2016, ch 138, […]
Section 23A-49-2 – Conveyance used in common carrier business not subject to forfeiture–Exception.
23A-49-2. Conveyance used in common carrier business not subject to forfeiture–Exception. Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance used by any person as a common carrier in the transaction of business as a common carrier may be forfeited under the provisions of this chapter, unless it appears that the owner or other […]
Section 23A-49-3 – Stolen and leased conveyances not subject to forfeiture–Exception.
23A-49-3. Stolen and leased conveyances not subject to forfeiture–Exception. Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act or omission established by the owner of the conveyance to have been committed or omitted by any person other than the owner […]
Section 23A-49-4 – Conveyance not subject to forfeiture for acts or omissions of nonowner–Exception.
23A-49-4. Conveyance not subject to forfeiture for acts or omissions of nonowner–Exception. Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act committed or omitted by a person other than an owner of the conveyance unless the owner knew or in […]
Section 23A-49-5 – Item not subject to forfeiture for act or omission without owner’s knowledge or consent.
23A-49-5. Item not subject to forfeiture for act or omission without owner’s knowledge or consent. To the extent of the interest of an owner, a thing of value is not subject to forfeiture under this chapter by reason of any act or omission that is established by the owner of the item to have been […]
Section 23A-49-6 – Victim protected against forfeiture by victim immunity.
23A-49-6. Victim protected against forfeiture by victim immunity. Any victim of a crime as described in the provisions of §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, and 43-43B-1 to 43-43B-3, inclusive, is protected against loss of property through forfeiture by victim immunity as described in §22-48-2. Source: SL 2016, ch 138, §6.
Section 23A-49-7 – Seizure of property by court process.
23A-49-7. Seizure of property by court process. Any property subject to forfeiture under this chapter may be seized by any law enforcement officer or designated agent of the Division of Criminal Investigation upon process issued by any court having jurisdiction over the property. Source: SL 2016, ch 138, §7.
Section 23A-49-8 – Seizure of property without court process.
23A-49-8. Seizure of property without court process. The seizure of any property subject to forfeiture under this chapter may be made without process issued under §23A-49-7 if: (1)The seizure is incident to an arrest or a search under a search warrant or to an inspection under an administrative inspection warrant; (2)The property subject to seizure […]
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 […]