State v. Kilo J. LeVeque, 43877

LeVeque pled guilty to burglary and meth possession; received concurrent sentences with the district court retaining jurisdiction and later suspended sentences with three years probation.
A South Dakota misdemeanor conviction for sexual contact (pled nolo contendere) was later discovered and probation was converted to sex-offender probation with additional conditions, including polygraph-based disclosure of sexual history.
LeVeque failed polygraphs, was dismissed from sex-offender treatment, tested positive for alcohol/Kratom, and the State filed probation-violation charges; the district court found willful violations and revoked probation but again retained jurisdiction to allow sex-offender treatment.
The Department of Correction instead placed LeVeque in drug treatment and did not administer the court-recommended full-disclosure polygraph; at the jurisdictional review hearing the court relinquished jurisdiction and ordered LeVeque to serve his original prison sentence.
LeVeque appealed both the probation revocation and the relinquishment of jurisdiction, arguing the latter violated his Fifth Amendment right against compelled self-incrimination by placing him in a "classic penalty" situation for refusing to disclose incriminating sexual conduct without immunity.

Issue	LeVeque's Argument	State's Argument	Held
Whether revocation of probation was an abuse of discretion	Court failed to first determine validity of sex-offender probation terms and thus abused discretion in revocation	District court properly found willful violations and acted within discretionary bounds	Revocation affirmed — court considered validity challenges and acted within discretion
Whether relinquishing jurisdiction violated Fifth Amendment (classic-penalty)	Relinquishment was imposed because LeVeque did not fully disclose South Dakota conduct; he faced implied threat of imprisonment for asserting silence, so invocation was excused	State argues no constitutional error; LeVeque waived or had no reasonable risk of incrimination	Relinquishment reversed — court placed LeVeque in a classic-penalty situation; remand for redetermination by a different judge

Minnesota v. Murphy, 465 U.S. 420 (probationer retains Fifth Amendment right; compelled statements without immunity are inadmissible)
Mitchell v. United States, 526 U.S. 314 (witness who testifies voluntarily on a subject may be precluded from invoking the privilege on related details)
Garner v. United States, 424 U.S. 648 (failure to assert privilege may be excused when the witness is denied free choice to admit, deny, or refuse)
United States v. Antelope, 395 F.3d 1128 (9th Cir.) (conditioning probation on full disclosure of past sexual misconduct can create a Fifth Amendment violation)
State v. Van Komen, 160 Idaho 534 (Idaho) (relinquishment of jurisdiction for refusal to submit to polygraph impermissibly penalized assertion of Fifth Amendment)