Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Section 23A-27-1 - (Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or aggravation of punishment--Presentence hearing for juvenile--Restitution. - 23A-27-1.(Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or...
Section 23A-27-1.1 - Victim's oral impact statement to court before sentence imposed--Response of defendant--Victim defined. - 23A-27-1.1. Victim's oral impact statement to court before sentence imposed--Response...
Section 23A-27-1.2 - Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance. - 23A-27-1.2. Notice to victim of hearing to reduce sentence--Address to...
Section 23A-27-1.3 - Victim's written impact statement to court before sentence imposed--Response of defendant--Victim defined. - 23A-27-1.3. Victim's written impact statement to court before sentence imposed--Response...
Section 23A-27-2 - No forfeiture of property unless expressly imposed. - 23A-27-2. No forfeiture of property unless expressly imposed. No conviction...
Section 23A-27-3 - (Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea. - 23A-27-3.(Rule 32(a)(2)) Advice as to appeal rights after sentence on...
Section 23A-27-4 - (Rule 32(b)(1)) Contents of judgment--Imprisonment in state penitentiary--Multiple convictions--Discharge--Signature--Filing--Crime qualifier defined. - 23A-27-4.(Rule 32(b)(1)) Contents of judgment--Imprisonment in state penitentiary--Multiple convictions--Discharge--Signature--Filing--Crime qualifier...
Section 23A-27-4.1 - Relief from judgment--Grounds--Time of motion. - 23A-27-4.1. Relief from judgment--Grounds--Time of motion. Within a reasonable time...
Section 23A-27-5 - (Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant convicted. - 23A-27-5.(Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant...
Section 23A-27-6 - (Rule 32(c)(2)) Contents of report of presentence investigation. - 23A-27-6.(Rule 32(c)(2)) Contents of report of presentence investigation. The report...
Section 23A-27-7 - (Rule 32(c)(3)(A)) Parties' access to presentence report before sentence imposed--Material kept from defendant--Comments and other evidence received. - 23A-27-7.(Rule 32(c)(3)(A)) Parties' access to presentence report before sentence imposed--Material...
Section 23A-27-8 - (Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence report--Comments received. - 23A-27-8.(Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence...
Section 23A-27-9 - (Rule 32(c)(3)(C)) Disclosures from presentence report same for both parties. - 23A-27-9.(Rule 32(c)(3)(C)) Disclosures from presentence report same for both parties....
Section 23A-27-10 - (Rule 32(c)(3)(D)) Return of presentence report to court services officer--Filing with board of pardons and paroles, penitentiary sheriffs and jail administrators--Use of information upon written order of judge. - 23A-27-10.(Rule 32(c)(3)(D)) Return of presentence report to court services officer--Filing...
Section 23A-27-11 - (Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere. - 23A-27-11.(Rule 32(d)) Time for withdrawal of plea of guilty or...
Section 23A-27-12 - (Rule 32(e)) Placement on probation--Exception. - 23A-27-12.(Rule 32(e)) Placement on probation--Exception. After conviction of an offense...
Section 23A-27-12.1 - Supervision of probationers--Performance of special conditions--Payment of costs. - 23A-27-12.1. Supervision of probationers--Performance of special conditions--Payment of costs. Upon...
Section 23A-27-12.2 - Order suspending imposition of misdemeanor sentence and placing defendant on probation--Eligibility--Revocation of suspension. - 23A-27-12.2. Order suspending imposition of misdemeanor sentence and placing defendant...
Section 23A-27-13 - Order suspending imposition of felony sentence and placing defendant on probation--Eligibility--Revocation of suspension. - 23A-27-13. Order suspending imposition of felony sentence and placing defendant...
Section 23A-27-13.1 - Copy of suspension order forwarded to criminal investigation division. - 23A-27-13.1. Copy of suspension order forwarded to criminal investigation division....
Section 23A-27-13.2 - Probationary supervision by court terminated upon imposition of sentence requiring supervision by executive branch. - 23A-27-13.2. Probationary supervision by court terminated upon imposition of sentence...
Section 23A-27-14 - Discharge and dismissal of probationer on completion of conditions--No judgment entered--Limitation. - 23A-27-14. Discharge and dismissal of probationer on completion of conditions--No...
Section 23A-27-14.1 - Revocation or refusal of certificate of teacher, administrator, or other educational professional. - 23A-27-14.1. Revocation or refusal of certificate of teacher, administrator, or...
Section 23A-27-14.2 - Revocation or refusal of gaming or racing license--Conditional license. - 23A-27-14.2. Revocation or refusal of gaming or racing license--Conditional license....
Section 23A-27-15 - Suspension of sentence as conviction for purposes of habitual offender law. - 23A-27-15. Suspension of sentence as conviction for purposes of habitual...
Section 23A-27-16 - Report to criminal investigation division of discharge and dismissal of probationer--Limited purpose of record. - 23A-27-16. Report to criminal investigation division of discharge and dismissal...
Section 23A-27-17 - Sealing of records on discharge of probationer--Effect of order--Future statements by defendant as to conviction. - 23A-27-17. Sealing of records on discharge of probationer--Effect of order--Future...
Section 23A-27-18 - Suspension of execution of sentence--Conditions. - 23A-27-18. Suspension of execution of sentence--Conditions. Upon conviction, the sentencing...
Section 23A-27-18.1 - Imprisonment as condition of probation or suspension of sentence--Credit for time. - 23A-27-18.1. Imprisonment as condition of probation or suspension of sentence--Credit...
Section 23A-27-18.2 - Supervision of person sentenced to county jail or state penitentiary as condition of suspension. - 23A-27-18.2. Supervision of person sentenced to county jail or state...
Section 23A-27-18.3 - Conditions required on probation or suspension of sentence. - 23A-27-18.3. Conditions required on probation or suspension of sentence. The...
Section 23A-27-18.4 - Suspension of penitentiary sentence--Conditions--Supervision. - 23A-27-18.4. Suspension of penitentiary sentence--Conditions--Supervision. Upon conviction, the sentencing court...
Section 23A-27-18.5 - Continuing jurisdiction to revoke probation or suspended execution of sentence. - 23A-27-18.5. Continuing jurisdiction to revoke probation or suspended execution of...
Section 23A-27-18.6 - Maintenance of good disciplinary record and compliance with program requirements. - 23A-27-18.6. Maintenance of good disciplinary record and compliance with program...
Section 23A-27-18.7 - Inmate under suspended sentence considered parolee. - 23A-27-18.7. Inmate under suspended sentence considered parolee. If an inmate...
Section 23A-27-19 - Continuing jurisdiction to suspend sentence--Notice to prosecuting attorney and victim--Supervision--Revocation. - 23A-27-19. Continuing jurisdiction to suspend sentence--Notice to prosecuting attorney and...
Section 23A-27-19.1 - Suspension of probationary period--Conditions. - 23A-27-19.1. Suspension of probationary period--Conditions. The running of a probationer's...
Section 23A-27-20 - (Rule 32(f)) Hearing required to revoke probation or suspension of sentence--Bail pending hearing. - 23A-27-20.(Rule 32(f)) Hearing required to revoke probation or suspension of...
Section 23A-27-20.1 - Modification of terms and conditions of probation. - 23A-27-20.1. Modification of terms and conditions of probation. The court,...
Section 23A-27-21 - Warrantless arrest and taking into custody of person on probation or with suspended sentence--Conditions. - 23A-27-21. Warrantless arrest and taking into custody of person on...
Section 23A-27-21.1 - Court services officer--Order authorizing law enforcement officer to aid in arrest or taking into custody. - 23A-27-21.1. Court services officer--Order authorizing law enforcement officer to aid...
Section 23A-27-21.2 - Detainer authorizing detention of probationer to obtain warrant, revocation, bond hearing, or court order. - 23A-27-21.2. Detainer authorizing detention of probationer to obtain warrant, revocation,...
Section 23A-27-24 - Execution against property of organization for collection of fine--Duty of officers to pay. - 23A-27-24. Execution against property of organization for collection of fine--Duty...
Section 23A-27-25 - Fines and penalties paid into county treasury--Exceptions--Use for schools. - 23A-27-25. Fines and penalties paid into county treasury--Exceptions--Use for schools....
Section 23A-27-25.1 - Provisions for payment of fines, costs and restitution, etc.--Community service. - 23A-27-25.1. Provisions for payment of fines, costs and restitution, etc.--Community...
Section 23A-27-25.2 - Costs and restitution designated as punishment. - 23A-27-25.2. Costs and restitution designated as punishment. In any case...
Section 23A-27-25.3 - Failure to comply with conditions of suspended sentence--Defendant to show cause. - 23A-27-25.3. Failure to comply with conditions of suspended sentence--Defendant to...
Section 23A-27-25.4 - Default in payment of fine or costs and restitution. - 23A-27-25.4. Default in payment of fine or costs and restitution....
Section 23A-27-25.5 - Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served. - 23A-27-25.5. Hearing required prior to imprisonment or jailing for failure...
Section 23A-27-25.6 - Fine, costs, or restitution as a lien in civil action--No discharge from imprisonment until full amount paid. - 23A-27-25.6. Fine, costs, or restitution as a lien in civil...
Section 23A-27-25.7 - Objection to fines or costs--Defendant sentenced to penitentiary--Hearing. - 23A-27-25.7. Objection to fines or costs--Defendant sentenced to penitentiary--Hearing. If...
Section 23A-27-25.8 - Reduction of fines or costs for work performed--Department of Corrections to track--Defendant responsible for remainder. - 23A-27-25.8. Reduction of fines or costs for work performed--Department of...
Section 23A-27-26 - Judgment against defendant for costs--Items excluded--Enforcement as civil judgment. - 23A-27-26. Judgment against defendant for costs--Items excluded--Enforcement as civil judgment....
Section 23A-27-27 - Fees and costs included in judgment for costs against defendant. - 23A-27-27. Fees and costs included in judgment for costs against...
Section 23A-27-28 - Entry and docketing of judgment for costs against defendant. - 23A-27-28. Entry and docketing of judgment for costs against defendant....
Section 23A-27-29 - Copy of judgment for costs furnished to officer for execution. - 23A-27-29. Copy of judgment for costs furnished to officer for...
Section 23A-27-30 - Delivery of defendant and judgment to penitentiary. - 23A-27-30. Delivery of defendant and judgment to penitentiary. If the...
Section 23A-27-31 - Sheriff requiring assistance while conveying defendant to prison. - 23A-27-31. Sheriff requiring assistance while conveying defendant to prison. The...
Section 23A-27-32 - Restitution plan and statement of crime provided--Presentence investigation report in lieu of statement. - 23A-27-32. Restitution plan and statement of crime provided--Presentence investigation report...
Section 23A-27-33 - Duties of court reporter and clerk on execution of sentence to penitentiary. - 23A-27-33. Duties of court reporter and clerk on execution of...
Section 23A-27-34 - Filing by warden of official statements--Inspection by secretary and Governor. - 23A-27-34. Filing by warden of official statements--Inspection by secretary and...
Section 23A-27-35 - Suspension of civil rights on sentence to penitentiary--Prisoner as witness--Restoration of rights--Voting rights. - 23A-27-35. Suspension of civil rights on sentence to penitentiary--Prisoner as...
Section 23A-27-36.1 - Sentence to commence after expiration of last sentence of imprisonment. - 23A-27-36.1. Sentence to commence after expiration of last sentence of...
Section 23A-27-38 - Guilty but mentally ill finding or plea--Sentence--Treatment. - 23A-27-38. Guilty but mentally ill finding or plea--Sentence--Treatment. If a...
Section 23A-27-39 - Discharge of guilty but mentally ill defendant by treating facility--Report. - 23A-27-39. Discharge of guilty but mentally ill defendant by treating...
Section 23A-27-40 - Probation for defendant guilty but mentally ill--Treatment as condition. - 23A-27-40. Probation for defendant guilty but mentally ill--Treatment as condition....
Section 23A-27-41 - Facilities providing treatment for mentally ill probationer--Payment of expense. - 23A-27-41. Facilities providing treatment for mentally ill probationer--Payment of expense....
Section 23A-27-42 - Presentence hearing on mental condition. - 23A-27-42. Presentence hearing on mental condition. A defendant found guilty...
Section 23A-27-43 - Mental examination and report before hearing. - 23A-27-43. Mental examination and report before hearing. Prior to the...
Section 23A-27-44 - Conduct of hearing. - 23A-27-44. Conduct of hearing. The hearing shall be conducted pursuant...
Section 23A-27-45 - Commitment--Finding--Provisional sentence. - 23A-27-45. Commitment--Finding--Provisional sentence. If, after hearing, the court finds by...
Section 23A-27-46 - Recovery of defendant--Notice--Final sentencing. - 23A-27-46. Recovery of defendant--Notice--Final sentencing. When the administrator of the...
Section 23A-27-47 - Confidentiality of records--Court order. - 23A-27-47. Confidentiality of records--Court order. Records prepared or maintained by...
Section 23A-27-47.1 - Motion to access court services records or testimony on court services records--Notice. - 23A-27-47.1. Motion to access court services records or testimony on...
Section 23A-27-49 - Posthumous sentencing of certain defendants. - 23A-27-49. Posthumous sentencing of certain defendants. Upon the death of...
Section 23A-27-50 - Substitution of personal representative for appeal purposes. - 23A-27-50. Substitution of personal representative for appeal purposes. If a...
Section 23A-27-52 - Defendant serving in military or veteran. - 23A-27-52. Defendant serving in military or veteran. If a defendant...
Section 23A-27-53 - Probation for violation of § 22-42-5 or .1--Treatment--Revocation. - 23A-27-53. Probation for violation of §22-42-5 or 22-42-5.1--Treatment--Revocation. After receiving...