23A-27-1.(Rule 32(a)(1)) Time of imposition of sentence–Hearing in mitigation or aggravation of punishment–Presentence hearing for juvenile–Restitution. Sentences shall be imposed without unreasonable delay, but not within forty-eight hours after determination of guilt. A defendant may waive the forty-eight hour delay. Before imposing a sentence, a court may order a hearing in mitigation or aggravation of […]
23A-27-1.1. Victim’s oral impact statement to court before sentence imposed–Response of defendant–Victim defined. If a defendant has been convicted of an A, B, or C felony, upon request to the court by a victim and before imposing sentence on a defendant, the victim has the right to orally address the court concerning the emotional, physical, […]
23A-27-1.2. Notice to victim of hearing to reduce sentence–Address to court by victim–Response by defendant–Continuance. If a reduction of a previously imposed sentence requiring time to be served in the penitentiary is proposed for consideration, the state’s attorney in the county where the offense was committed shall notify the victim, at the victim’s last known […]
23A-27-1.3. Victim’s written impact statement to court before sentence imposed–Response of defendant–Victim defined. If a defendant has been convicted of an A, B, or C felony, upon request to the court by a victim and before imposing sentence on a defendant, a victim has a right to address the court in writing concerning the emotional, […]
23A-27-10.(Rule 32(c)(3)(D)) Return of presentence report to court services officer–Filing with board of pardons and paroles, penitentiary sheriffs and jail administrators–Use of information upon written order of judge. Any presentence investigation report made available to a defendant or the defendant’s counsel and the prosecuting attorney shall be returned to the court services officer immediately following […]
23A-27-11.(Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere. A motion to withdraw a plea of guilty or nolo contendere may be made only before sentence is imposed or imposition of sentence is suspended; but to correct manifest injustice a court after sentence may set aside a judgment of conviction and permit […]
23A-27-12.(Rule 32(e)) Placement on probation–Exception. After conviction of an offense not punishable by death or life imprisonment, a defendant may be placed on probation. No person who has been previously convicted for a crime of violence as defined in subdivision §22-1-2(9) may be placed on probation if his second or subsequent felony conviction is for […]
23A-27-12.1. Supervision of probationers–Performance of special conditions–Payment of costs. Upon receipt of an order that a defendant has been placed on probation to the court service department, the chief court services officer shall immediately assign the defendant to a court services officer for probation supervision. All such probationers shall cooperate fully with the court services […]
23A-27-12.2. Order suspending imposition of misdemeanor sentence and placing defendant on probation–Eligibility–Revocation of suspension. Upon receiving a verdict or plea of guilty for a misdemeanor, a court having jurisdiction of the defendant, if satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, […]
23A-27-13. Order suspending imposition of felony sentence and placing defendant on probation–Eligibility–Revocation of suspension. Upon receiving a verdict or plea of guilty for a felony not punishable by death or life imprisonment by a person never before convicted of a crime which at the time of conviction thereof would constitute a felony in this state, […]
23A-27-13.1. Copy of suspension order forwarded to criminal investigation division. Within fifteen days of the filing of a written order suspending imposition of sentence pursuant to §23A-27-13 the court shall forward a nonpublic record of the sentence to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6 which shall be retained until discharged […]
23A-27-13.2. Probationary supervision by court terminated upon imposition of sentence requiring supervision by executive branch. If a defendant is serving a probationary sentence under the supervision of the Unified Judicial System and the same or any other sentencing court imposes a sentence on the defendant requiring supervision by the executive branch, other than as provided […]
23A-27-14. Discharge and dismissal of probationer on completion of conditions–No judgment entered–Limitation. Upon completion of the observance of all conditions imposed pursuant to §23A-27-12.2 or 23A-27-13, the court services officer assigned to the defendant’s case or the defendant shall bring the matter to the attention of the court, whereupon the defendant shall be discharged by […]
23A-27-14.1. Revocation or refusal of certificate of teacher, administrator, or other educational professional. Notwithstanding §§23A-27-14 and 23A-27-17, any person who has received an order pursuant to §23A-27-13 who is licensed or seeks to be licensed pursuant to chapter 13-42 may have the person’s application refused or license revoked as provided in chapters 13-42 and 13-43. […]
23A-27-14.2. Revocation or refusal of gaming or racing license–Conditional license. Notwithstanding §§23A-27-14 and 23A-27-17, a person who has received an order pursuant to the provisions of §23A-27-13 for a felony offense, who is licensed or seeks to be licensed by the South Dakota Commission on Gaming pursuant to the provisions of §42-7B-22 or subdivision 42-7-56(12), […]
23A-27-15. Suspension of sentence as conviction for purposes of habitual offender law. For the sole purposes of consideration of the sentence of a defendant for subsequent offenses or the determination of whether the defendant is an habitual offender under chapter 22-7, the fact of suspension of imposition of sentence under §23A-27-13, whether or not discharge […]
23A-27-16. Report to criminal investigation division of discharge and dismissal of probationer–Limited purpose of record. Any discharge and dismissal under §23A-27-14 shall be reported to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6. The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation which shall be retained […]
23A-27-17. Sealing of records on discharge of probationer–Effect of order–Future statements by defendant as to conviction. Upon the discharge and dismissal of a person pursuant to §23A-27-14, a court shall order that all official records, other than the nonpublic records to be retained by the Division of Criminal Investigation, be sealed along with all records […]
23A-27-18. Suspension of execution of sentence–Conditions. Upon conviction, the sentencing court may suspend the execution of any sentence imposed during good behavior, subject to such conditions or restitutions as the court may impose. The suspension order or judgment can be made only by the court in which the conviction occurred. A defendant given a suspended […]
23A-27-18.1. Imprisonment as condition of probation or suspension of sentence–Credit for time. The conditions of probation imposed pursuant to §23A-27-12 or 23A-27-13 or the conditions of suspension of execution imposed pursuant to §23A-27-18, may include the requirement that the defendant be imprisoned in the county jail for no more than one hundred eighty days, except […]
