South Dakota Codified Laws
Chapter 22 - Public Safety Improvement Programs
Section 16-22-1 - Definitions.

16-22-1. Definitions.
Terms used in chapters 1-15, 1-54, 16-14, 16-22, 23A-27, 23A-47, 24-15, 24-15A, and 32-23 mean:
(1)"Alcohol or drug accountability program," the 24/7 program or the HOPE program described in §§16-22-8 and 16-22-9;
(2)"Board," the Board of Pardons and Paroles;
(3)"Case plan," an individualized, documented accountability and behavior change strategy that:
(a)Matches the type and intensity of supervision to the assessed risk of reoffending;
(b)Targets and prioritizes the specific criminal risk factors of the individual, with attention to addressing barriers to learning and participation; and
(c)Establishes a timetable for achieving specific behavioral goals, including a schedule for payment of victim restitution, child support, and other financial obligations;
(4)"Court-ordered financial obligation," money that an offender is required to pay and can include restitution, fines, costs, and fees, but does not include child support payments;
(5)"Criminal risk factors," characteristics and behaviors that, when addressed or changed, affect a person's risk for committing crimes. The term includes: antisocial behavior; antisocial personality; criminal thinking; criminal associates; dysfunctional family; low levels of employment or education; poor use of leisure and recreation; and substance abuse;
(6)"Department," the Department of Corrections;
(7)"Evidence-based practices," supervision policies, procedures, and practices and treatment and intervention programs and practices that scientific research demonstrates reduce recidivism among individuals under correctional supervision;
(8)"Outcome measure," a metric that captures an agency's effectiveness in impacting a condition within the population served or condition of public safety;
(9)"Oversight council," the council established by §16-22-21;
(10)"Parolee," an offender under parole or suspended sentence supervision by the Department of Corrections;
(11)"Performance measure," a metric that captures agency performance on critical variables that are central to accomplishing the agency mission and goals within this chapter;
(12)"Recidivism," a return to prison within three years of release due to a parole or suspended sentence violation or due to a prison sentence as a result of a new felony conviction. However, for the purposes of §§16-22-3, 16-22-15, and 16-22-24, the term means being convicted of a felony while on probation supervision or within three years after discharge from probation;
(13)"Risk and needs assessment review," an examination of the results of a validated risk and needs assessment;
(14)"Secretary," the secretary of the Department of Corrections;
(15)"Treatment," when used in a criminal justice context, targeted interventions that focus on criminal risk factors in order to reduce the likelihood of criminal behavior and reflect evidence based practices;
(16)"Validated risk and needs assessment," an actuarial tool scientifically proven to determine a person's risk to reoffend and criminal risk factors, that when addressed, can reduce the person's likelihood of engaging in future criminal behavior.

Source: SL 2013, ch 101, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 16 - Courts and Judiciary

Chapter 22 - Public Safety Improvement Programs

Section 16-22-1 - Definitions.

Section 16-22-2 - Drug court advisory council.

Section 16-22-3 - Drug court defined.

Section 16-22-4 - Drug court program.

Section 16-22-5 - Promulgation of drug court rules.

Section 16-22-5.1 - Key components for drug courts.

Section 16-22-5.2 - Standards and guidelines in accordance with key components.

Section 16-22-5.3 - Standards in accordance with best practices publication.

Section 16-22-6 - Admissibility of drug court participant's statements and reports in legal proceedings.

Section 16-22-6.1 - Drug court sanctions.

Section 16-22-7 - Semiannual drug court performance report.

Section 16-22-8 - HOPE probation programs.

Section 16-22-8.1 - Assignment of magistrate judge to preside over HOPE probation program.

Section 16-22-9 - Promulgation of HOPE probation program rules.

Section 16-22-10 - Evaluation of program impact on public safety.

Section 16-22-11 - Promulgation of rules governing evidence-based felony probation supervision practices.

Section 16-22-12 - Report of probation practices and training implementation.

Section 16-22-13 - Promulgation of rules regarding graduated sanctions program.

Section 16-22-14 - Report of graduated sanctions.

Section 16-22-15 - Evidence-based practices training.

Section 16-22-16 - Case history and risk and needs assessment of probationer.

Section 16-22-17 - Promulgation of rules regarding earned discharge credits.

Section 16-22-18 - Award of earned discharge credits.

Section 16-22-19 - Eligibility for earned discharge.

Section 16-22-20 - Report of earned discharge credits.

Section 16-22-21 - Oversight council responsible for monitoring and reporting performance and outcome measures.

Section 16-22-22 - Membership of oversight council.

Section 16-22-23 - Meetings of oversight council--Termination--Powers and duties.

Section 16-22-24 - Treatment and intervention programs.

Section 16-22-25 - Grant program for adult community residential services to reduce risk of recidivism.

Section 16-22-26 - Request for proposals.

Section 16-22-27 - Report by grant recipient.

Section 16-22-28 - Probation and parole policies for sanctioning positive urinalysis test for controlled substance.

Section 16-22-29 - Compliant discharge from probation or parole upon completion of treatment--Conditions.

Section 16-22-30 - Report to oversight council on probation and parole infractions.

Section 16-22-31 - Report of Interstate Drug Trafficking Task Force to oversight council.