23A-48-19. Criteria for awarding earned discharge credits.
A probationer shall be awarded earned discharge credits while on supervised probation as follows:
(1)For each full calendar month of compliance with the terms of supervised probation an earned discharge credit of 30 days shall be awarded to a probationer. Each earned discharge credit shall reduce the term of supervised probation by 30 days. No earned discharge credit may be awarded for a partial month or the last full month of supervised probation. No earned discharge credit may be awarded for any month, or portion of a month, during which the probationer is incarcerated.
(2)A probationer shall not receive an earned discharge credit for any month(s) during which a probation violation is pending before the court. If the court does not sustain the probation violation, the court may enter a written order awarding earned discharge credits to the probationer for the months the probation violation was pending before the court. Absent such an order the probationer shall not be entitled to any earned discharge credit for such period of time.
(3)Earned discharge credits shall not be awarded to a probationer for any month(s) in which a probationer is absconded. Additionally, a probationer shall not be awarded earned discharge credit for any month in which the probationer was sanctioned for conduct that disqualifies the probationer from receiving earned discharge credits as provided by the graduated response grid.
(4)A South Dakota probationer placed on supervised probation who is supervised in another state under the Interstate Compact for Adult Offender Supervision is eligible for earned discharge credits pursuant to §§23A-48-15 to 23A-48-22, inclusive.
(5)Earned discharge credits shall be applied to the probation term within fifteen days after the end of the month in which any credit was earned. A probationer who is eligible for earned discharge credits shall be notified of their probation discharge date on a semi-annual basis.
Source: SL 2014, ch 257 (Supreme Court Rule 13-15, §5), eff. Jan. 1, 2014; SL 2015, ch 275 (Supreme Court Rule 15-13), eff. July 1, 2015.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 48 - Probation Supervision, Response To Violation Of Conditions, And Discharge
Section 23A-48-1 - Evidence-based probation supervision practices.
Section 23A-48-2 - Methods used in adult probation supervision.
Section 23A-48-3 - Adult probation change plan defined.
Section 23A-48-4 - Graduated response grid for violation of conditions of probation.
Section 23A-48-5 - Statewide utilization of grid for adult cases.
Section 23A-48-6 - Incentives for compliance.
Section 23A-48-8 - Arrest for misdemeanor or felony--Petition to modify or revoke probation--Report.
Section 23A-48-9 - Application of grid.
Section 23A-48-10 - Factors for imposition of sanction.
Section 23A-48-11 - Court services officer response to violation of conditions of probation.
Section 23A-48-12 - Term of probation.
Section 23A-48-13 - Response grid oversight committee.
Section 23A-48-14 - Sentencing court authority to respond to violation or modify conditions.
Section 23A-48-15 - Earned discharge policy established.
Section 23A-48-16 - Definitions pertaining to earned discharge credits.
Section 23A-48-17 - Certain probationers ineligible for earned discharged credits.
Section 23A-48-18 - Eligibility for earned discharge credit.
Section 23A-48-19 - Criteria for awarding earned discharge credits.
Section 23A-48-20 - Reports to chief court services officer.
Section 23A-48-21 - Review of denial of earned discharge credit.