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-48-16 – Definitions pertaining to earned discharge credits.
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 […]
Section 23A-48-17 – Certain probationers ineligible for earned discharged credits.
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 […]
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.