There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 23A CRIMINAL PROCEDURE
Chapter 27. Sentence And Judgment
- §23A-27-1 (Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or aggravation of punishment--Evidence received--Restitution.
- §23A-27-1.1 Address of court by victim before sentence imposed--Response of defendant--"Victim" defined.
- §23A-27-1.2 Notice to victim of hearing to reduce sentence--Address to court by victim--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--Imprisonment in state penitentiary--Multiple convictions--Discharge--Signature--Filing--Crime qualifier defined.
- §23A-27-4.1 Relief from judgment--Grounds--Time of motion.
- §23A-27-5 (Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed 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 sentence imposed--Material kept from defendant--Comments and other evidence received.
- §23A-27-8 (Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence report--Comments received.
- §23A-27-9 (Rule 32(c)(3)(C)) Disclosures from presentence report same for both parties.
- §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-27-11 (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--Payment of costs.
- §23A-27-13 Order suspending imposition of sentence and placing defendant on probation--Eligibility--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--No judgment 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 offender law.
- §23A-27-16 Report to criminal investigation division of discharge and dismissal of probationer--Limited purpose of record.
- §23A-27-17 Sealing of records on discharge of probationer--Effect of order--Future statements by defendant as to conviction.
- §23A-27-18 Suspension of execution of sentence--Conditions.
- §23A-27-18.1 Imprisonment for specific period as condition of probation or suspension of sentence--Credit for time.
- §23A-27-18.2 Supervision of person sentenced to county jail or state penitentiary as condition of suspension.
- §23A-27-18.3 Conditions required on probation or suspension of sentence.
- §23A-27-18.4 Suspension of penitentiary sentence--Conditions--Supervision.
- §23A-27-18.5 Continuing jurisdiction to revoke probation or suspended execution of sentence.
- §23A-27-19 Continuing jurisdiction to suspend sentence--Notice to prosecuting attorney and victim--Supervision--Revocation.
- §23A-27-19.1 Suspension of probationary period--Conditions.
- §23A-27-20 (Rule 32(f)) Hearing required to revoke probation or suspension of sentence--Bail pending hearing.
- §23A-27-20.1 Modification of terms and conditions of probation.
- §23A-27-21 Report on failure to meet conditions of suspension or probation--Arrest and detention for hearing--Disposition by court.
- §23A-27-22, 23A-27-23. Repealed.
- §23A-27-24 Execution against property of organization for collection of fine--Duty of officers to pay.
- §23A-27-25 Fines and penalties paid into county treasury--Exceptions--Use for schools.
- §23A-27-25.1 Provisions for payment of fines, costs and restitution, etc.--Community service.
- §23A-27-25.2 Costs and restitution designated as punishment.
- §23A-27-25.3 Failure to comply with conditions of suspended sentence--Defendant to show 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 from imprisonment until full amount paid.
- §23A-27-26 Judgment against defendant for costs--Items excluded--Enforcement as civil 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--Presentence investigation 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 and Governor.
- §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 of expense.
- §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 Repealed.
- §23A-27-49 Posthumous sentencing of certain defendants.
- §23A-27-50 Substitution of personal representative for appeal purposes.
- §23A-27-51 Procedure for delayed appeal where applicant unconstitutionally denied right of appeal.
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