There is a newer version of the South Dakota Codified Laws
2012 South Dakota Codified Laws
Title 22 CRIMES
Chapter 42. Controlled Substances And Marijuana
§22-42-2.3 Mitigating circumstances--Departure from mandatory sentence.
SD Codified L § 22-42-2.3 (through 2012) What's This?
22-42-2.3. Mitigating circumstances--Departure from mandatory sentence. The sentencing court may impose a sentence other than that which is required by § 22-42-2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by § 22-42-2. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing.
Source: SL 1989, ch 201, § 2.
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