Section 23A-27-47 – Confidentiality of records–Court order.
23A-27-47. Confidentiality of records–Court order. Records prepared or maintained by court services officers are confidential. However, such records may be inspected by, or disclosed to, justices, judges, magistrates, and employees of the Unified Judicial System in the course of their duties and to persons specifically authorized by order of the court. The court may order […]
Section 23A-27-47.1 – Motion to access court services records or testimony on court services records–Notice.
23A-27-47.1. Motion to access court services records or testimony on court services records–Notice. If, in connection with a judicial proceeding, a person not authorized by court order pursuant to §23A-27-47 seeks confidential records prepared or maintained by a court services officer or testimony from a court services officer on the records, the person must file […]
Section 23A-27-49 – Posthumous sentencing of certain defendants.
23A-27-49. Posthumous sentencing of certain defendants. Upon the death of a defendant who has not been sentenced but who has entered a plea of guilty or nolo contendere or has been found guilty at trial, the court shall enter a judgment of conviction pursuant to §23A-27-4. Any sentence imposed shall be limited to restitution, court […]
Section 23A-27-50 – Substitution of personal representative for appeal purposes.
23A-27-50. Substitution of personal representative for appeal purposes. If a defendant dies following the entry of a plea of guilty or nolo contendere or a finding of guilt at trial and the time for taking an appeal has not expired, the court may order substitution of the proper parties for the purpose of an appeal. […]
Section 23A-27-52 – Defendant serving in military or veteran.
23A-27-52. Defendant serving in military or veteran. If a defendant appears in court and pleads guilty or no contest to a crime punishable as a felony or Class 1 misdemeanor, the court shall inquire whether the defendant is currently serving in or is a veteran of, the United States Armed Forces. If the defendant is […]
Section 23A-27-53 – Probation for violation of § 22-42-5 or .1–Treatment–Revocation.
23A-27-53. Probation for violation of §22-42-5 or 22-42-5.1–Treatment–Revocation. After receiving a plea of guilty for a violation of §22-42-5 or 22-42-5.1, a court that has jurisdiction of the defendant may, without entering a judgment of guilt, and with the consent of the defendant, defer the imposition of sentence and place the defendant on probation for […]
Section 23A-27-41 – Facilities providing treatment for mentally ill probationer–Payment of expense.
23A-27-41. Facilities providing treatment for mentally ill probationer–Payment of expense. The treatment required by §23A-27-40 shall be provided by local mental health agencies, if available, or by a facility under the jurisdiction of the Department of Social Services. The defendant is responsible for payment for his treatment unless he is indigent. If the defendant is […]
Section 23A-27-42 – Presentence hearing on mental condition.
23A-27-42. Presentence hearing on mental condition. A defendant found guilty of an offense, or the prosecuting attorney may, within ten days after the defendant is found guilty, and prior to the time the defendant is sentenced, file a motion for a hearing on the present mental condition of the defendant if the motion is supported […]
Section 23A-27-43 – Mental examination and report before hearing.
23A-27-43. Mental examination and report before hearing. Prior to the date of hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court pursuant to §§23A-46-1 and 23A-46-2. If the report includes an opinion by the examiner that […]
Section 23A-27-44 – Conduct of hearing.
23A-27-44. Conduct of hearing. The hearing shall be conducted pursuant to the provisions of §23A-46-3. Source: SL 1985, ch 192, §21.