South Dakota Codified Laws
Chapter 48 - Probation Supervision, Response To Violation Of Conditions, And Discharge
Section 23A-48-16 - Definitions pertaining to earned discharge credits.

23A-48-16.Definitions pertaining to earned discharge credits.
Definitions for the purposes of determining earned discharge credits:
A.Absconded. The term absconded means to be absent from the offender's approved place of residence or employment with the intent of avoiding supervision. When there is reason to believe that an offender has absconded, verification of absence is obtained by conducting a field contact at the last known approved place of residence, contacting the last known approved place of employment, if applicable, and contacting known family members and collateral contacts.
B. Probationer. A probationer is defined as any person convicted of a felony or receiving a suspended imposition under §23A-27-13 on a felony charge and sentenced by a South Dakota court to a term of supervised probation exceeding six months. A probationer for the purpose of §§23A-48-15 to 23A-48-22, inclusive, does not include a person sentenced to drug court, a minor on juvenile court probation, or a person serving probation only on a misdemeanor offense under the laws of the State of South Dakota.
C.Probation Violation. A probation violation is defined as any written report submitted to the prosecuting attorney by a supervising court service's officer, or any petition to modify or revoke probation filed with the court by a state's attorney, the attorney general or court services officer alleging that a probationer has violated the terms of supervised probation.
D.Supervised Probation. Supervised probation under §§23A-48-15 to 23A-48-22, inclusive, shall mean a period of probation, exceeding six months, imposed upon a probationer who has entered into a written agreement for probation with a court services officer that has been approved and filed with the court. Supervised probation does not include supervision through case-service monitoring or through the financial accountability collections system.

Source: SL 2014, ch 257 (Supreme Court Rule 13-15, §2), eff. Jan. 1, 2014.

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