South Dakota Codified Laws
Chapter 27 - Sentence And Judgment
Section 23A-27-18.5 - Continuing jurisdiction to revoke probation or suspended execution of sentence.

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 27 - Sentence And Judgment

Section 23A-27-1 - (Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or aggravation of punishment--Presentence hearing for juvenile--Restitution.

Section 23A-27-1.1 - Victim's oral impact statement to court before sentence imposed--Response of defendant--Victim defined.

Section 23A-27-1.2 - Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance.

Section 23A-27-1.3 - Victim's written impact statement to court before sentence imposed--Response of defendant--Victim defined.

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 - (Rule 32(b)(1)) Contents of judgment--Imprisonment in state penitentiary--Multiple convictions--Discharge--Signature--Filing--Crime qualifier defined.

Section 23A-27-4.1 - Relief from judgment--Grounds--Time of motion.

Section 23A-27-5 - (Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant convicted.

Section 23A-27-6 - (Rule 32(c)(2)) Contents of report of presentence investigation.

Section 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.

Section 23A-27-8 - (Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence report--Comments received.

Section 23A-27-9 - (Rule 32(c)(3)(C)) Disclosures from presentence report same for both parties.

Section 23A-27-10 - (Rule 32(c)(3)(D)) Return of presentence report to court services officer--Filing with board of pardons and paroles, penitentiary sheriffs and jail administrators--Use of information upon written order of judge.

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-27-12.1 - Supervision of probationers--Performance of special conditions--Payment of costs.

Section 23A-27-12.2 - Order suspending imposition of misdemeanor sentence and placing defendant on probation--Eligibility--Revocation of suspension.

Section 23A-27-13 - Order suspending imposition of felony sentence and placing defendant on probation--Eligibility--Revocation of suspension.

Section 23A-27-13.1 - Copy of suspension order forwarded to criminal investigation division.

Section 23A-27-13.2 - Probationary supervision by court terminated upon imposition of sentence requiring supervision by executive branch.

Section 23A-27-14 - Discharge and dismissal of probationer on completion of conditions--No judgment entered--Limitation.

Section 23A-27-14.1 - Revocation or refusal of certificate of teacher, administrator, or other educational professional.

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-27-16 - Report to criminal investigation division of discharge and dismissal of probationer--Limited purpose of record.

Section 23A-27-17 - Sealing of records on discharge of probationer--Effect of order--Future statements by defendant as to conviction.

Section 23A-27-18 - Suspension of execution of sentence--Conditions.

Section 23A-27-18.1 - Imprisonment as condition of probation or suspension of sentence--Credit for time.

Section 23A-27-18.2 - Supervision of person sentenced to county jail or state penitentiary as condition of suspension.

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-27-18.5 - Continuing jurisdiction to revoke probation or suspended execution of sentence.

Section 23A-27-18.6 - Maintenance of good disciplinary record and compliance with program requirements.

Section 23A-27-18.7 - Inmate under suspended sentence considered parolee.

Section 23A-27-19 - Continuing jurisdiction to suspend sentence--Notice to prosecuting attorney and victim--Supervision--Revocation.

Section 23A-27-19.1 - Suspension of probationary period--Conditions.

Section 23A-27-20 - (Rule 32(f)) Hearing required to revoke probation or suspension of sentence--Bail pending hearing.

Section 23A-27-20.1 - Modification of terms and conditions of probation.

Section 23A-27-21 - Warrantless arrest and taking into custody of person on probation or with suspended sentence--Conditions.

Section 23A-27-21.1 - Court services officer--Order authorizing law enforcement officer to aid in arrest or taking into custody.

Section 23A-27-21.2 - Detainer authorizing detention of probationer to obtain warrant, revocation, bond hearing, or court order.

Section 23A-27-24 - Execution against property of organization for collection of fine--Duty of officers to pay.

Section 23A-27-25 - Fines and penalties paid into county treasury--Exceptions--Use for schools.

Section 23A-27-25.1 - Provisions for payment of fines, costs and restitution, etc.--Community service.

Section 23A-27-25.2 - Costs and restitution designated as punishment.

Section 23A-27-25.3 - Failure to comply with conditions of suspended sentence--Defendant to show cause.

Section 23A-27-25.4 - Default in payment of fine or costs and restitution.

Section 23A-27-25.5 - Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served.

Section 23A-27-25.6 - Fine, costs, or restitution as a lien in civil action--No discharge from imprisonment until full amount paid.

Section 23A-27-25.7 - Objection to fines or costs--Defendant sentenced to penitentiary--Hearing.

Section 23A-27-25.8 - Reduction of fines or costs for work performed--Department of Corrections to track--Defendant responsible for remainder.

Section 23A-27-26 - Judgment against defendant for costs--Items excluded--Enforcement as civil judgment.

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-27-32 - Restitution plan and statement of crime provided--Presentence investigation report in lieu of statement.

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-27-35 - Suspension of civil rights on sentence to penitentiary--Prisoner as witness--Restoration of rights--Voting rights.

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-27-47.1 - Motion to access court services records or testimony on court services records--Notice.

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.