16-22-13. Promulgation of rules regarding graduated sanctions program.
The Supreme Court shall establish rules pursuant to §16-3-1 to develop a graduated sanctions procedure and grid to guide court services officers in determining the appropriate response to a violation of conditions of probation. The graduated sanctions program shall use short jail stays as the most severe sanction within the grid, shall collect data related to the use of sanctions and their outcomes, and shall include a process for reviewing sanctions that are challenged by the probationer. The rules shall vest statewide oversight of graduated sanctions procedure, use, and data collection with the State Court Administrator's Office.
The system of graduated sanctions shall be created with the following objectives:
(1)Responding to violations of probation quickly, consistently and proportionally, based on the nature of the violation and the risk level of the probationer;
(2)Reducing the time and resources expended by the court to respond to violations; and
(3)Reducing the commission of new crimes and revocation rates.
Source: SL 2013, ch 101, §16, eff. Oct. 1, 2013.
Structure 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 16-22-6.1 - 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 16-22-12 - 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 16-22-22 - 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 16-22-26 - Request for proposals.
Section 16-22-27 - Report by grant recipient.
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.