23A-28-5. Factors considered in formulating restitution plan.
The court services officer when assisting the defendant in preparing the plan of restitution and the court before approving or modifying the plan of restitution shall consider the physical and mental health and condition of the defendant, the defendant's age, the defendant's education, the defendant's employment circumstances, the defendant's potential for employment and vocational training, the defendant's family circumstances, the defendant's financial condition, the number of victims, the pecuniary damages of each victim, what plan of restitution will most effectively aid the rehabilitation of the defendant, and each victim, and such other factors as may be appropriate.
Source: SL 1978, ch 177, §2; SDCL Supp, §23-48A-3; SL 1978, ch 178, §357; SL 1986, ch 196, §2; SL 1987, ch 179, §2; SL 1999, ch 124, §2.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 28 - Restitution To Victims Of Crime
Section 23A-28-1 - Policy of state--Enforcement of order.
Section 23A-28-2 - Definition of terms.
Section 23A-28-4 - Submission of restitution plan to court--Approval or modification.
Section 23A-28-5 - Factors considered in formulating restitution plan.
Section 23A-28-6 - Notice to victims of restitution plan--Civil action against defendant.
Section 23A-28-9 - Civil remedies of victims unimpaired--Restitution payments set off.
Section 23A-28-13 - Unlawful taking of money from store or mercantile establishment.
Section 23A-28-14 - Release of certain information to victims of delinquent act of juvenile.