23A-48-2. Methods used in adult probation supervision.
Adult probation supervision shall include:
(1)Use of a normed and validated risk and needs assessment measuring criminal risk factors, specific individual needs and driving variable supervision levels;
(2)Use of assessment results to guide targeted supervision responses consistent with evidence-based practices as to the level of supervision and the practices used to reduce recidivism;
(3)Collateral and personal contacts, including unscheduled contacts, with the offender and community and with a frequency consistent with the probationer's supervision level and risk of re-offense, staying informed of the probationer's conduct, compliance with conditions, and progress in community based intervention;
(4)Use of adult probation change plans for each probationer assessed as medium-risk, high-risk or intensive risk to reoffend;
(5)Use of an automated call-in system for each probationer assessed as administrative or low risk to reoffend unless otherwise approved by the chief court services officer for the judicial circuit; and
(6)Use of practical and suitable supervision methods that are consistent with evidence-based practices to aid and encourage the probationer to improve his or her conduct and circumstances and to reduce the risk of recidivism through the use of incentives and rewards for positive behavior and swift and certain sanctions for noncompliance.
Source: SL 2014, ch 256 (Supreme Court Rule 13-14, ยง2), eff. Jan. 1, 2014.
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.