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South Dakota Codified Laws

Chapter 23A-27

S.D. Codified Laws ch. 23A-27

Sentence and Judgment

23A-27-1(Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or aggravation of punishment--Presentence hearing for juvenile--Restitution.23A-27-1.1Victim's oral impact statement to court before sentence imposed--Response of defendant--Victim defined.23A-27-1.2Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance.23A-27-1.3Victim's written impact statement to court before sentence imposed--Response of defendant--Victim defined.23A-27-2No forfeiture of property unless expressly imposed.23A-27-3(Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea.23A-27-4Contents of judgment--Imprisonment in state correctional facility--Multiple convictions--Discharge--Signature--Filing--Crime qualifier defined.23A-27-4.1Relief from judgment--Grounds--Time of motion.23A-27-5(Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant convicted.23A-27-6(Rule 32(c)(2)) Contents of report of presentence investigation.23A-27-7(Rule 32(c)(3)(A)) Parties' access to presentence report before sentence imposed--Material kept from defendant--Comments and other evidence received.23A-27-8(Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence report--Comments received.23A-27-9(Rule 32(c)(3)(C)) Disclosures from presentence report same for both parties.23A-27-10Return of presentence report to court services officer--Filing with board of pardons and paroles, state correctional facility, sheriffs, and jail administrators--Use of information upon written order of judge.23A-27-11(Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere.23A-27-12(Rule 32(e)) Placement on probation--Exception.23A-27-12.1Supervision of probationers--Performance of special conditions--Payment of costs.23A-27-12.2Order suspending imposition of misdemeanor sentence and placing defendant on probation--Eligibility--Revocation of suspension.23A-27-13Suspended imposition of felony sentence--Eligibility--Probation placement--Revocation.23A-27-13.1Copy of suspension order forwarded to criminal investigation division.23A-27-13.2Probationary supervision by court terminated upon imposition of sentence requiring supervision by executive branch.23A-27-13.3Suspended imposition of felony sentence--No eligibility for certain rape offenses--Exclusion.23A-27-14Discharge and dismissal of probationer on completion of conditions--No judgment entered--Limitation.23A-27-14.1Revocation or refusal of certificate of teacher, administrator, or other educational professional.23A-27-14.2Revocation or refusal of gaming or racing license--Conditional license.23A-27-15Suspension of sentence as conviction for purposes of habitual offender law.23A-27-16Report to criminal investigation division of discharge and dismissal of probationer--Limited purpose of record.23A-27-17Sealing of records on discharge of probationer--Effect of order--Future statements by defendant as to conviction.23A-27-18Suspension of execution of sentence--Conditions.23A-27-18.1Imprisonment as condition of probation or suspension of sentence--Credit for time.23A-27-18.2Supervision of person sentenced to county jail or state correctional facility as condition of suspension.23A-27-18.3Probation or suspension of sentence--Required and authorized conditions.23A-27-18.4Suspension of correctional facility sentence--Conditions--Supervision.23A-27-18.5Continuing jurisdiction to revoke probation or suspended execution of sentence.23A-27-18.6Maintenance of good disciplinary record and compliance with program requirements.23A-27-18.7Inmate under suspended sentence considered parolee.23A-27-19Continuing jurisdiction to suspend sentence--Notice to prosecuting attorney and victim--Supervision--Revocation.23A-27-19.1Suspension of probationary period--Conditions.23A-27-20(Rule 32(f)) Hearing required to revoke probation or suspension of sentence--Bail pending hearing.23A-27-20.1Modification of terms and conditions of probation.23A-27-21Warrantless arrest and taking into custody of person on probation or with suspended sentence--Conditions.23A-27-21.1Court services officer--Order authorizing law enforcement officer to aid in arrest or taking into custody.23A-27-21.2Detainer authorizing detention of probationer to obtain warrant, revocation, bond hearing, or court order.23A-27-2223A-27-22, 23A-27-23. Repealed by SL 1989, ch 211, §§ 1, 2 23A-27-24Execution against property of organization for collection of fine--Duty of officers to pay.23A-27-25Fines and penalties paid into county treasury--Exceptions--Use for schools.23A-27-25.1Provisions for payment of fines, costs and restitution, etc.--Community service.23A-27-25.2Costs and restitution designated as punishment.23A-27-25.3Failure to comply with conditions of suspended sentence--Defendant to show cause.23A-27-25.4Default in payment of fine or costs and restitution.23A-27-25.5Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served.23A-27-25.6Fine, costs, or restitution as a lien in civil action--No discharge from imprisonment until full amount paid.23A-27-25.7Objection to fines or costs--Defendant sentenced to state correctional facility--Hearing.23A-27-25.8Reduction of fines or costs for work performed--Department of Corrections to track--Defendant responsible for remainder.23A-27-25.9Cost of digital forensic examination--Convicted defendant to reimburse--Cost capped--Deposit--"Personal electronic device" defined.23A-27-26Judgment against defendant for costs--Items excluded--Enforcement as civil judgment.23A-27-27Fees and costs included in judgment for costs against defendant.23A-27-28Entry and docketing of judgment for costs against defendant.23A-27-29Copy of judgment for costs furnished to officer for execution.23A-27-30Delivery of defendant and judgment to state correctional facility.23A-27-31Sheriff requiring assistance while conveying defendant to prison.23A-27-32Restitution plan and statement of crime provided--Presentence investigation report in lieu of statement.23A-27-33Duties of court reporter and clerk on execution of sentence to state correctional facility.23A-27-34Filing by warden of official statements--Inspection by secretary and Governor.23A-27-35Suspension of civil rights on sentence to state correctional facility--Prisoner as witness--Restoration of rights--Voting rights.23A-27-36RepealedRepealed 23A-27-36.1Sentence to commence after expiration of last sentence of imprisonment.23A-27-37RepealedRepealed 23A-27-38Guilty but mentally ill finding or plea--Sentence--Treatment.23A-27-39Discharge of guilty but mentally ill defendant by treating facility--Report.23A-27-40Probation for defendant guilty but mentally ill--Treatment as condition.23A-27-41Facilities providing treatment for mentally ill probationer--Payment of expense.23A-27-42Presentence hearing on mental condition.23A-27-43Mental examination and report before hearing.23A-27-44Conduct of hearing.23A-27-45Commitment--Finding--Provisional sentence.23A-27-46Recovery of defendant--Notice--Final sentencing.23A-27-47Confidentiality of records--Court order.23A-27-47.1Motion to access court services records or testimony on court services records--Notice.23A-27-48RepealedRepealed 23A-27-49Posthumous sentencing of certain defendants.23A-27-50Substitution of personal representative for appeal purposes.23A-27-51Procedure for delayed appeal where applicant unconstitutionally denied right of appeal.23A-27-52Defendant serving in military or veteran.23A-27-53Probation for violation of § 22-42-5 or 22-42-5.1--Treatment--Revocation.