23A-27-18.2. Supervision of person sentenced to county jail or state penitentiary as condition of suspension. A person who is sentenced to a county jail as a condition of suspended imposition of sentence, suspended sentence, or suspended execution of sentence, is under the supervision of the court services officer assigned by the court having jurisdiction of […]
23A-27-18.3. Conditions required on probation or suspension of sentence. The conditions of probation imposed pursuant to §23A-27-12 or 23A-27-13 or the conditions of a suspension of execution imposed pursuant to §23A-27-18 shall provide in addition to any other conditions, as an explicit condition of probation, suspended imposition of sentence, or suspended execution of sentence that […]
23A-27-18.4. Suspension of penitentiary sentence–Conditions–Supervision. Upon conviction, the sentencing court may suspend any portion of a penitentiary sentence subject to conditions or restrictions as the court may impose. The suspension order or judgment can be made only in the court in which the conviction occurred. A defendant with a partially suspended penitentiary sentence is under […]
23A-27-18.5. Continuing jurisdiction to revoke probation or suspended execution of sentence. Any court granting probation or a suspended execution of sentence retains jurisdiction to revoke the probation or suspended execution of sentence for violation of its terms and conditions. Source: SL 2010, ch 129, §1.
23A-27-18.6. Maintenance of good disciplinary record and compliance with program requirements. In addition to any conditions imposed by the sentencing judge, an inmate under the supervision of the Department of Corrections and the Board of Pardons and Paroles pursuant to §23A-27-18.4 or 23A-27-19 shall maintain a good disciplinary record and comply with all programming required […]
23A-27-18.7. Inmate under suspended sentence considered parolee. If an inmate is under the supervision of the Department of Corrections and the Board of Pardons and Paroles as directed in §§23A-27-18.4 and 23A-27-19, the inmate is considered a parolee and is governed by the supervision and revocation provisions of chapters 24-15 and 24-15A. Source: SL 2016, […]
23A-27-19. Continuing jurisdiction to suspend sentence–Notice to prosecuting attorney and victim–Supervision–Revocation. The sentencing court retains jurisdiction for the purpose of suspending any sentence for a period of two years from the effective date of the judgment of conviction, notwithstanding the fact that the time for an appeal from such judgment is limited to a shorter […]
23A-27-19.1. Suspension of probationary period–Conditions. The running of a probationer’s probationary period shall be suspended under the following conditions: (1)If the probationer absconds from supervision; (2)If the probationer is in violation of any of the terms and conditions of probation unless a sanction has been imposed for the violation pursuant to the graduated response grid […]
23A-27-2. No forfeiture of property unless expressly imposed. No conviction of any person for a public offense works any forfeiture of any property except in cases in which a forfeiture is expressly imposed by law. Source: SDC 1939, §13.0614; SDCL, §23-48-29; SL 1978, ch 178, §333.
23A-27-20.(Rule 32(f)) Hearing required to revoke probation or suspension of sentence–Bail pending hearing. A court shall not revoke a probation or a suspension of imposition of sentence, except after a hearing at which the defendant shall be present and apprised of the grounds on which such action is proposed. A defendant may be admitted to […]
23A-27-20.1. Modification of terms and conditions of probation. The court, upon notice to the probationer, a hearing and good cause, shown, may modify the terms and conditions of a probation which may include extending the probationary period. Source: SL 1979, ch 159, §20B.
23A-27-21. Warrantless arrest and taking into custody of person on probation or with suspended sentence–Conditions. A court services officer may arrest and take into custody a person on probation or suspended sentence without a warrant if that court services officer has probable cause to believe that: (1)The person has violated the terms and conditions of […]
23A-27-21.1. Court services officer–Order authorizing law enforcement officer to aid in arrest or taking into custody. A court services officer may issue a verbal or written order authorizing a law enforcement officer to aid a court services officer in making an arrest or taking a person into custody pursuant to §23A-27-21. Source: SL 2005, ch […]
23A-27-21.2. Detainer authorizing detention of probationer to obtain warrant, revocation, bond hearing, or court order. If a court services officer has probable cause to believe a person on probation has violated the terms and conditions of probation, the court services officer may issue a detainer authorizing anyone having the person in custody to detain the […]
23A-27-24. Execution against property of organization for collection of fine–Duty of officers to pay. When a fine is imposed upon an organization, it may be collected by virtue of the sentence imposing it, by the sheriff of the county, out of the real and personal property of the organization, in the same manner as upon […]
23A-27-25. Fines and penalties paid into county treasury–Exceptions–Use for schools. All fines and pecuniary penalties, other than forfeitures provided for in §23A-43-23, costs as provided in §§23-3-52, 23A-27-26, and 23A-27-27, restitution and civil penalties assessed under the state’s environmental laws, for the violation of any state law, when collected, shall be paid into the treasury […]
23A-27-25.1. Provisions for payment of fines, costs and restitution, etc.–Community service. If a defendant sentenced to be imprisoned or jailed has part or all of his imprisonment or jail time suspended upon conditions that include payment of a fine, costs, and restitution, or any of them, or if a defendant is sentenced to pay a […]
23A-27-25.2. Costs and restitution designated as punishment. In any case in which they are imposed, costs and restitution are a portion of the punishment. Source: SL 1989, ch 211, §5.
23A-27-25.3. Failure to comply with conditions of suspended sentence–Defendant to show cause. If a defendant sentenced to be imprisoned or jailed has part or all of the imprisonment or jail time suspended upon conditions that include that he pay a fine, costs, or restitution and fails to comply with any of these conditions, the court […]
23A-27-25.4. Default in payment of fine or costs and restitution. If a defendant sentenced to pay a fine, costs, or restitution, defaults in the timely payment thereof, the court may, upon its own motion or upon motion of the state’s attorney, require the defendant to show cause why he should not be imprisoned or jailed […]
