23A-27-18.1. Imprisonment as condition of probation or suspension of sentence--Credit for time.
The conditions of probation imposed pursuant to §23A-27-12 or 23A-27-13 or the conditions of suspension of execution imposed pursuant to §23A-27-18, may include the requirement that the defendant be imprisoned in the county jail for no more than one hundred eighty days, except as otherwise specified in this section, or in the state penitentiary for no more than one hundred eighty days or the sentence which was imposed or which may be imposed by law, whichever is less. However, for persons sentenced pursuant to §32-23-4.6, the conditions of probation imposed pursuant to §23A-27-12 or 23A-27-13 or the conditions of suspension of execution imposed pursuant to §23A-27-18, may include the requirement that the defendant be imprisoned in the county jail for a specific period not exceeding three hundred sixty-five days. The imprisonment may be further restricted to certain days specified by the court as part of such conditions. The required period of imprisonment for a county jail or state penitentiary term should not exceed sixty consecutive days to ensure the court retains authority to impose additional days of imprisonment, if necessary, during the term of supervision pursuant to §16-22-13. The court retains jurisdiction to raise or lower the required period of imprisonment within the sentence otherwise allowed by law. Any such imprisonment, either in the county jail or state penitentiary, shall be credited toward any incarceration imposed upon any subsequent revocation of a suspended imposition or execution of sentence. During any such imprisonment the defendant shall be subject to all policies, rules, and regulations of the county jail or state penitentiary.
Source: SL 1979, ch 159, §18; SL 1983, ch 185; SL 1984, ch 180, §2; SL 1999, ch 122, §1; SL 2013, ch 101, §66.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 27 - Sentence And Judgment
Section 23A-27-2 - No forfeiture of property unless expressly imposed.
Section 23A-27-3 - (Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea.
Section 23A-27-4.1 - Relief from judgment--Grounds--Time of motion.
Section 23A-27-6 - (Rule 32(c)(2)) Contents of report of presentence investigation.
Section 23A-27-9 - (Rule 32(c)(3)(C)) Disclosures from presentence report same for both parties.
Section 23A-27-11 - (Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere.
Section 23A-27-12 - (Rule 32(e)) Placement on probation--Exception.
Section 23A-27-13.1 - Copy of suspension order forwarded to criminal investigation division.
Section 23A-27-14.2 - Revocation or refusal of gaming or racing license--Conditional license.
Section 23A-27-15 - Suspension of sentence as conviction for purposes of habitual offender law.
Section 23A-27-18 - Suspension of execution of sentence--Conditions.
Section 23A-27-18.3 - Conditions required on probation or suspension of sentence.
Section 23A-27-18.4 - Suspension of penitentiary sentence--Conditions--Supervision.
Section 23A-27-18.7 - Inmate under suspended sentence considered parolee.
Section 23A-27-19.1 - Suspension of probationary period--Conditions.
Section 23A-27-20.1 - Modification of terms and conditions of probation.
Section 23A-27-25 - Fines and penalties paid into county treasury--Exceptions--Use for schools.
Section 23A-27-25.2 - Costs and restitution designated as punishment.
Section 23A-27-25.4 - Default in payment of fine or costs and restitution.
Section 23A-27-25.7 - Objection to fines or costs--Defendant sentenced to penitentiary--Hearing.
Section 23A-27-27 - Fees and costs included in judgment for costs against defendant.
Section 23A-27-28 - Entry and docketing of judgment for costs against defendant.
Section 23A-27-29 - Copy of judgment for costs furnished to officer for execution.
Section 23A-27-30 - Delivery of defendant and judgment to penitentiary.
Section 23A-27-31 - Sheriff requiring assistance while conveying defendant to prison.
Section 23A-27-33 - Duties of court reporter and clerk on execution of sentence to penitentiary.
Section 23A-27-34 - Filing by warden of official statements--Inspection by secretary and Governor.
Section 23A-27-36.1 - Sentence to commence after expiration of last sentence of imprisonment.
Section 23A-27-38 - Guilty but mentally ill finding or plea--Sentence--Treatment.
Section 23A-27-39 - Discharge of guilty but mentally ill defendant by treating facility--Report.
Section 23A-27-40 - Probation for defendant guilty but mentally ill--Treatment as condition.
Section 23A-27-41 - Facilities providing treatment for mentally ill probationer--Payment of expense.
Section 23A-27-42 - Presentence hearing on mental condition.
Section 23A-27-43 - Mental examination and report before hearing.
Section 23A-27-44 - Conduct of hearing.
Section 23A-27-45 - Commitment--Finding--Provisional sentence.
Section 23A-27-46 - Recovery of defendant--Notice--Final sentencing.
Section 23A-27-47 - Confidentiality of records--Court order.
Section 23A-27-49 - Posthumous sentencing of certain defendants.
Section 23A-27-50 - Substitution of personal representative for appeal purposes.
Section 23A-27-52 - Defendant serving in military or veteran.
Section 23A-27-53 - Probation for violation of § 22-42-5 or .1--Treatment--Revocation.