South Dakota Codified Laws
Chapter 27 - Sentence And Judgment
Section 23A-27-35 - Suspension of civil rights on sentence to penitentiary--Prisoner as witness--Restoration of rights--Voting rights.

23A-27-35. Suspension of civil rights on sentence to penitentiary--Prisoner as witness--Restoration of rights--Voting rights.
A sentence of imprisonment in the state penitentiary for any term suspends the right of the person so sentenced to hold public office, to become a candidate for public office, and to serve on a jury. Any such person so sentenced forfeits all public offices and all private trusts, authority, or power during the term of such imprisonment. Any person who is serving a term in any penitentiary shall be a competent witness in any action now pending or hereafter commenced in the courts of this state, and the person's deposition may be taken in the same manner prescribed by statute or rule relating to taking of depositions. After a suspension of sentence pursuant to §23A-27-18, upon the termination of the time of the original sentence or the time extended by order of the court, a defendant's rights withheld by this section are restored. However, the voting rights of any person sentenced to imprisonment in the state penitentiary shall be governed by Title 12.

Source: SDC 1939, §34.3708 as added by SL 1939, ch 132; SL 1943, ch 128; SDCL §§23-48-35, 23-57-7; SL 1978, ch 178, §352; SL 2012, ch 82, §2.

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Structure South Dakota Codified Laws

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.