South Dakota Codified Laws
Chapter 07 - Arraignment And Pleas
Section 23A-7-9 - (Rule 11(e)(2)) Disclosure of plea agreement and victims' comments to court--Acceptance or rejection--Report by prosecuting attorney.

23A-7-9.(Rule 11(e)(2)) Disclosure of plea agreement and victims' comments to court--Acceptance or rejection--Report by prosecuting attorney.
If a plea agreement has been reached by the parties, the court shall, on the record, require the disclosure of the agreement in open court, or on a showing of good cause, in chambers, at the time the plea is offered. The prosecuting attorney shall disclose on the record any comments on the plea agreement made by the victim, or his designee, of the defendant's crime to the prosecuting attorney. Thereupon the court may accept or reject the agreement, or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider the presentence report. If the court accepts a plea agreement involving any felony charge, the prosecuting attorney shall file a brief written report, which includes the terms of the plea agreement and the ultimate reasons therefor, with the division of criminal investigation and, if the defendant is incarcerated in the state penitentiary, also with the warden thereof.

Source: SL 1978, ch 178, §100; SL 1983, ch 183, §2; SL 1985, ch 194, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 07 - Arraignment And Pleas

Section 23A-7-1 - (Rule 10) Arraignment in open court--Procedure--Verification or correction of name--Copy given to defendant.

Section 23A-7-2 - (Rule 11(a)) Pleas permitted to defendant--Requirements for plea of guilty or nolo contendere.

Section 23A-7-3 - (Rule 11(b)) Consent required for nolo contendere plea--Considerations by court.

Section 23A-7-4 - (Rule 11(c)) Advice as to rights to defendant pleading guilty or nolo contendere.

Section 23A-7-5 - (Rule 11(d)) Ascertainment of voluntary nature of guilty or nolo contendere plea--Pleading by attorney to misdemeanor--Imposition of sentence.

Section 23A-7-7 - Pleading to habitual offender information--Jury trial.

Section 23A-7-8 - (Rule 11(e)(1)) Plea bargaining permitted--Concessions by prosecutor permitted--Notice to victims.

Section 23A-7-8.1 - Victim's failure to comment--Effect.

Section 23A-7-9 - (Rule 11(e)(2)) Disclosure of plea agreement and victims' comments to court--Acceptance or rejection--Report by prosecuting attorney.

Section 23A-7-10 - (Rule 11(e)(3)) Advice to defendant as to acceptance of plea agreement.

Section 23A-7-11 - (Rule 11(e)(4)) Advice to parties as to rejection of plea agreement--Withdrawal of plea by defendant.

Section 23A-7-12 - (Rule 11(e)(5)) Time of notification to court of plea agreement.

Section 23A-7-13 - (Rule 11(e)(6)) Evidence of guilty or nolo contendere plea inadmissible after withdrawal--Exception in perjury prosecutions.

Section 23A-7-14 - (Rule 11(f)) Factual basis required before acceptance of plea other than nolo contendere.

Section 23A-7-15 - (Rule 11(g)) Record of proceedings at which plea entered--Contents.

Section 23A-7-16 - Guilty but mentally ill plea--Prerequisites to acceptance.