South Dakota 27 — Sentence And Judgment
- 23A-27-1 — (Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation oraggravation of punishment--Evidence received--Restitution.
- 23A-27-1.1 — Address of court by victim before sentence imposed--Response ofdefendant--"Victim" defined.
- 23A-27-1.2 — Notice to victim of hearing to reduce sentence--Address to court byvictim--Response by defendant--Continuance.
- 23A-27-2 — No forfeiture of property unless expressly imposed.
- 23A-27-3 — (Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea.
- 23A-27-4 — (Rule 32(b)(1)) Contents of judgment--Multiple convictions--Discharge--Signature--Filed.
- 23A-27-4.1 — Relief from judgment--Grounds--Time of motion.
- 23A-27-5 — (Rule 32(c)(1)) Presentence investigation and report--Contents notdisclosed unless defendant convicted.
- 23A-27-6 — (Rule 32(c)(2)) Contents of report of presentence investigation.
- 23A-27-7 — (Rule 32(c)(3)(A)) Parties' access to presentence report before sentenceimposed--Material kept from defendant--Comments and other evidencereceived.
- 23A-27-8 — (Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentencereport--Comments received.
- 23A-27-9 — (Rule 32(c)(3)(C)) Disclosures from presentence report same for bothparties.
- 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 jailadministrators--Use of information upon written order of judge.
- 23A-27-11 — (Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere.
- 23A-27-12 — (Rule 32(e)) Placement on probation--Exception.
- 23A-27-12.1 — Supervision of probationers--Performance of special conditions--Paymentof costs.
- 23A-27-13 — Order suspending imposition of sentence and placing defendant onprobation--Revocation of suspension.
- 23A-27-13.1 — Copy of suspension order forwarded to criminal investigation division.
- 23A-27-14 — Discharge and dismissal of probationer on completion of conditions--Nojudgment entered--Limitation to one time.
- 23A-27-14.1 — Revocation or refusal of teacher certificate.
- 23A-27-14.2 — Revocation or refusal of gaming or racing license.
- 23A-27-15 — Suspension of sentence as conviction for purposes of habitual offenderlaw.
- 23A-27-16 — Report to criminal investigation division of discharge and dismissal ofprobationer--Limited purpose of record.
- 23A-27-17 — Sealing of records on discharge of probationer--Effect of order--Futurestatements by defendant as to conviction.
- 23A-27-18 — Suspension of execution of sentence--Conditions imposed.
- 23A-27-18.1 — Imprisonment for specific period as condition of probation or suspensionof sentence--Credit for time.
- 23A-27-18.2 — Supervision of person sentenced as condition of suspended sentence.
- 23A-27-18.3 — Conditions required on probation or suspension of sentence.
- 23A-27-19 — Jurisdiction retained after suspension of execution of sentence--Noticebefore suspension--Supervision by Board of Pardons and Paroles--Revocation.
- 23A-27-19.1 — Suspension of probationary period--Conditions.
- 23A-27-20 — (Rule 32(f)) Hearing required to revoke probation or suspension ofsentence--Bail pending hearing.
- 23A-27-20.1 — Modification of terms and conditions of probation.
- 23A-27-21 — Warrantless arrest and taking into custody of person on probation or withsuspended sentence--Conditions.
- 23A-27-21.1 — Court services officer--Order authorizing law enforcement officer to aidin arrest or taking into custody.
- 23A-27-21.2 — Detainer authorizing detention of probationer to obtain warrant,revocation, bond hearing, or court order.
- 23A-27-22 — Repealed.
- 23A-27-24 — Execution against property of organization for collection of fine--Duty ofofficers to pay.
- 23A-27-25 — Fines and penalties paid into county treasury--Exceptions--Use forschools.
- 23A-27-25.1 — Provisions for payment of fines, costs and restitution, etc.--Communityservice.
- 23A-27-25.2 — Costs and restitution designated as punishment.
- 23A-27-25.3 — Failure to comply with conditions of suspended sentence--Defendant toshow cause.
- 23A-27-25.4 — Default in payment of fine or costs and restitution.
- 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-27-25.6 — Fine, costs, or restitution as a lien in civil action--No discharge fromimprisonment until full amount paid.
- 23A-27-26 — Judgment against defendant for costs--Items excluded--Enforcement ascivil judgment.
- 23A-27-27 — Fees and costs included in judgment for costs against defendant.
- 23A-27-28 — Entry and docketing of judgment for costs against defendant.
- 23A-27-29 — Copy of judgment for costs furnished to officer for execution.
- 23A-27-30 — Delivery of defendant and judgment to penitentiary.
- 23A-27-31 — Sheriff requiring assistance while conveying defendant to prison.
- 23A-27-32 — Restitution plan and statement of crime provided--Presentenceinvestigation report in lieu of statement.
- 23A-27-33 — Duties of court reporter and clerk on execution of sentence to penitentiary.
- 23A-27-34 — Filing by warden of official statements--Inspection by secretary andGovernor.
- 23A-27-35 — Suspension of civil rights on sentence to penitentiary--Prisoner as witness--Restoration of rights on suspension or termination of sentence.
- 23A-27-36 — Repealed.
- 23A-27-36.1 — Sentence to commence after expiration of last sentence of imprisonment.
- 23A-27-37 — Repealed.
- 23A-27-38 — Guilty but mentally ill finding or plea--Sentence--Treatment.
- 23A-27-39 — Discharge of guilty but mentally ill defendant by treating facility--Report.
- 23A-27-40 — Probation for defendant guilty but mentally ill--Treatment as condition.
- 23A-27-41 — Facilities providing treatment for mentally ill probationer--Payment ofexpense.
- 23A-27-42 — Presentence hearing on mental condition.
- 23A-27-43 — Mental examination and report before hearing.
- 23A-27-44 — Conduct of hearing.
- 23A-27-45 — Commitment--Finding--Provisional sentence.
- 23A-27-46 — Recovery of defendant--Notice--Final sentencing.
- 23A-27-47 — Confidentiality of records.
- 23A-27-48 — Disclosure of parole eligibility at sentencing.