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.
Section 23A-48-2 – Methods used in adult probation supervision.
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 […]
Section 23A-48-3 – Adult probation change plan defined.
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 […]
Section 23A-48-4 – Graduated response grid for violation of conditions of probation.
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 […]
Section 23A-48-5 – Statewide utilization of grid for adult cases.
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 […]
Section 23A-48-6 – Incentives for compliance.
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.
Section 23A-48-7 – Response grid to be standard condition of probation–Review of moderate or serious sanctions.
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 […]
Section 23A-48-8 – Arrest for misdemeanor or felony–Petition to modify or revoke probation–Report.
23A-48-8. Arrest for misdemeanor or felony–Petition to modify or revoke probation–Report. The response grid applies to conduct that is a violation of the terms and conditions of probation including an arrest for a misdemeanor offense. If a probationer is arrested for a felony, the court services officer shall submit a probation violation report to the […]
Section 23A-48-9 – Application of grid.
23A-48-9. Application of grid. A court services officer shall respond to a violation through the application of the grid by utilizing the appropriate cells based on the probationer’s risk level and the type of violation. The imposition of sanctions within a grid cell is vested to the discretion of the supervising court services officer. A […]
Section 23A-48-10 – Factors for imposition of sanction.
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 […]