reglab/housing_qa huggingface dataset:
SD Codified L § 23A-48-19 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-19 - Criteria for awarding earned discharge credits.

23A-48-19. Criteria for awarding earned discharge credits.A probationer shall be awarded earned discharge credits while on supervised probation as follows:(1)For each full calendar month of compliance with the terms of supervised probation an earned discharge credit of 30 days shall be awarded to a probationer. Each earned discharge credit shall reduce the term of supervised probation by 30 days. No earned discharge credit may be awarded for a partial month or the last full month of supervised probation. No earned discharge credit may be awarded for any month, or portion of a month, during which the probationer is incarcerated.(2)A probationer shall not receive an earned discharge credit for any month(s) during which a probation violation is pending before the court. If the court does not sustain the probation violation, the court may enter a written order awarding earned discharge credits to the probationer for the months the probation violation was pending before the court. Absent such an order the probationer shall not be entitled to any earned discharge credit for such period of time.(3)Earned discharge credits shall not be awarded to a probationer for any month(s) in which a probationer is absconded. Additionally, a probationer shall not be awarded earned discharge credit for any month in which the probationer was sanctioned for conduct that disqualifies the probationer from receiving earned discharge credits as provided by the graduated response grid.(4)A South Dakota probationer placed on supervised probation who is supervised in another state under the Interstate Compact for Adult Offender Supervision is eligible for earned discharge credits pursuant to §§23A-48-15 to 23A-48-22, inclusive.(5)Earned discharge credits shall be applied to the probation term within fifteen days after the end of the month in which any credit was earned. A probationer who is eligible for earned discharge credits shall be notified of their probation discharge date on a semi-annual basis. Source: SL 2014, ch 257 (Supreme Court Rule 13-15, §5), eff. Jan. 1, 2014; SL 2015, ch 275 (Supreme Court Rule 15-13), eff. July 1, 2015.
SD Codified L § 23A-48-20 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-20 - Reports to chief court services officer.

23A-48-20. Reports to chief court services officer.Within ten days following the end of the month, a supervising court services officer shall report to the chief court services officer for the judicial circuit the name of any probationer eligible for an award of earned discharge credit and whether an earned discharge credit was awarded for the previous month. Source: SL 2014, ch 257 (Supreme Court Rule 13-15, §6), eff. Jan. 1, 2014.
SD Codified L § 23A-48-21 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-21 - Review of denial of earned discharge credit.

23A-48-21. Review of denial of earned discharge credit.A probationer who objects to a supervising court services officer's determination that the probationer is ineligible for the award of earned discharge credit may seek review of that decision with the chief court services officer for the judicial circuit. Review of the denial of earned discharge credit may be made by filing a notice of review with the chief court services officer within 10 days from receiving notice of the denial. In the event the supervising court services officer is the chief court services officer, the probationer may request review of such determination by a chief court services officer from another judicial circuit which will be assigned by the director of trial court services. The decision made by the chief court services officer concerning the award of earned discharge credits is final. Source: SL 2014, ch 257 (Supreme Court Rule 13-15, §7), eff. Jan. 1, 2014.
SD Codified L § 23A-48-22 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-22 - Irrevocability of discharge credits--Sentencing court authority to modify probation.

23A-48-22. Irrevocability of discharge credits--Sentencing court authority to modify probation.Earned discharge credits are not revocable once awarded. However, nothing in §§23A-48-15 to 23A-48-22, inclusive, limits the sentencing court's authority to modify the terms and conditions of probation. Source: SL 2014, ch 257 (Supreme Court Rule 13-15, §8), eff. Jan. 1, 2014.
SD Codified L § 23A-49-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-1 - Real property subject to forfeiture for crime listed in chapter 34-20B or 22-24A.

23A-49-1. Real property subject to forfeiture for crime listed in chapter 34-20B or 22-24A.All real property, including any right, title, and interest in the whole of any platted lot or tract of land which is measured in three hundred twenty acre increments, or all of any smaller amount and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit or to facilitate the commission of a violation of any crime listed in chapter 34-20B or 22-24A, is subject to forfeiture under this section. Forfeiture under this chapter of real property encumbered by a bona fide security interest is subject to the interest of the secured party unless the secured party had actual knowledge of the act upon which the forfeiture is based. Notice of forfeiture proceedings shall be given each owner or secured party whose right, title, or interest is of record, at the time of the seizure, with the secretary of state or the register of deeds in the county where the real property is located. A person claiming a security interest bears the burden of establishing that interest by a preponderance of the evidence. No real property may be forfeited under the provisions of this chapter by reason of any act committed by a person other than an owner of the property unless that owner had actual knowledge that the real property was used or intended for use in any of the manners set forth in the chapters listed in §23A-49-20. Source: SL 2016, ch 138, §1.
SD Codified L § 23A-49-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-2 - Conveyance used in common carrier business not subject to forfeiture--Exception.

23A-49-2. Conveyance used in common carrier business not subject to forfeiture--Exception.Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance used by any person as a common carrier in the transaction of business as a common carrier may be forfeited under the provisions of this chapter, unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to a violation of any crime in the chapters listed in §23A-49-20. Source: SL 2016, ch 138, §2.
SD Codified L § 23A-49-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-3 - Stolen and leased conveyances not subject to forfeiture--Exception.

23A-49-3. Stolen and leased conveyances not subject to forfeiture--Exception.Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act or omission established by the owner of the conveyance to have been committed or omitted by any person other than the owner while the conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of any state, or while the conveyance was rented or leased from a motor vehicle dealer or a leasing or rental agency and the dealer or agency had no knowledge that the conveyance was being used or intended for use, to transport or in any manner facilitate the commission of any crime in the chapters listed in §23A-49-20. Source: SL 2016, ch 138, §3.
SD Codified L § 23A-49-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-4 - Conveyance not subject to forfeiture for acts or omissions of nonowner--Exception.

23A-49-4. Conveyance not subject to forfeiture for acts or omissions of nonowner--Exception.Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act committed or omitted by a person other than an owner of the conveyance unless the owner knew or in the exercise of ordinary care should have known that the conveyance was being used or was intended for use to facilitate the commission of any crime in the chapters listed in §23A-49-20. Source: SL 2016, ch 138, §4.
SD Codified L § 23A-49-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-5 - Item not subject to forfeiture for act or omission without owner's knowledge or consent.

23A-49-5. Item not subject to forfeiture for act or omission without owner's knowledge or consent.To the extent of the interest of an owner, a thing of value is not subject to forfeiture under this chapter by reason of any act or omission that is established by the owner of the item to have been committed or omitted without the owner's knowledge or consent. Source: SL 2016, ch 138, §5.
SD Codified L § 23A-49-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-6 - Victim protected against forfeiture by victim immunity.

23A-49-6. Victim protected against forfeiture by victim immunity.Any victim of a crime as described in the provisions of §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, and 43-43B-1 to 43-43B-3, inclusive, is protected against loss of property through forfeiture by victim immunity as described in §22-48-2. Source: SL 2016, ch 138, §6.
SD Codified L § 23A-49-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-7 - Seizure of property by court process.

23A-49-7. Seizure of property by court process.Any property subject to forfeiture under this chapter may be seized by any law enforcement officer or designated agent of the Division of Criminal Investigation upon process issued by any court having jurisdiction over the property. Source: SL 2016, ch 138, §7.
SD Codified L § 23A-49-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-8 - Seizure of property without court process.

23A-49-8. Seizure of property without court process.The seizure of any property subject to forfeiture under this chapter may be made without process issued under §23A-49-7 if:(1)The seizure is incident to an arrest or a search under a search warrant or to an inspection under an administrative inspection warrant;(2)The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter;(3)The law enforcement officer or agent has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or(4)The law enforcement officer or agent has probable cause to believe that the property has been used or intended to be used in violation of crimes in the chapters listed in §23A-49-20. Source: SL 2016, ch 138, §8.
SD Codified L § 23A-49-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-9 - Time for instituting proceedings.

23A-49-9. Time for instituting proceedings.If a seizure pursuant to §23A-49-7 or subdivisions 23A-49-8(1), (3), or (4) occurs, the attorney general shall institute, within sixty days of the seizure, the proceedings pursuant to §23A-49-14 or 23A-49-15. Source: SL 2016, ch 138, §9.
SD Codified L § 23A-49-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-10 - Seized property subject only to order of court or official.

23A-49-10. Seized property subject only to order of court or official.No property taken or detained pursuant to this chapter is replevinable or subject to an action in claim and delivery. However, the property is deemed to be in the custody of the attorney general, subject only to the orders and decrees of the court or the official having jurisdiction over the property. Source: SL 2016, ch 138, §10.
SD Codified L § 23A-49-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-11 - Attorney general action with respect to seized property.

23A-49-11. Attorney general action with respect to seized property.If property is seized under the provisions of this chapter, the attorney general may:(1)Place the property under seal;(2)Remove the property to a place designated by the attorney general; or(3)Take custody of the property and remove it to an appropriate location for disposition in accordance with law. Source: SL 2016, ch 138, §11.
SD Codified L § 23A-49-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-12 - Property subject to security interest--Action by attorney general.

23A-49-12. Property subject to security interest--Action by attorney general.Any property, as described in subdivisions 34-20B-70(4), (6), and (7) or 22-24A-15(4), (6), and (7), or §23A-49-1, that is subject to a bona fide perfected security interest at the time of seizure of the personal property, at the time the offense was committed, and is forfeited under the provisions of §§23A-49-7 to 23A-49-19, inclusive, shall be taken by the attorney general subject to the security interest. The attorney general shall, within sixty days of the forfeiture of the property:(1)Return the property to the possession of the secured party;(2)Satisfy fully all indebtedness to the secured party secured by the property; or(3)Return the property to the possession of the secured party and require the secured party to sell the property within sixty days of receipt of the property from the attorney general at public or private sale and retain all proceeds necessary to satisfy fully all indebtedness of the secured party secured by the property together with all reasonable costs of the sale and remit to the attorney general all excess proceeds within thirty days of the sale.If the secured party knew or should have known, that the property was being used or intended for use to facilitate in the commission of a crime, the provisions of this section do not apply to the property. Source: SL 2016, ch 138, §12.
SD Codified L § 23A-49-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-13 - Civil action--Standard of proof.

23A-49-13. Civil action--Standard of proof.Any forfeiture proceeding is a civil action against the property seized and the standard of proof shall be preponderance of the evidence. Source: SL 2016, ch 138, §13.
SD Codified L § 23A-49-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-14 - Procedure in forfeiture proceedings involving property other than real property or conveyances.

23A-49-14. Procedure in forfeiture proceedings involving property other than real property or conveyances.If property described in subdivisions 34-20B-70(2), (3), (5), (6), and (7) or 22-24A-15(2), (3), (5), (6), and (7) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court for the county in which the property was seized or is being held. The proceedings shall be brought in the name of the state. The complaint shall describe the property, and state the property's location, the property's present custodian, the name of each owner if known, the name of each party in interest if known or of legal record, and allege the essential elements of the violation that is claimed to exist. The complaint shall conclude with a prayer to enforce the forfeiture. Notice of a forfeiture proceeding shall be given to each known owner and known party in interest by serving a copy of the summons and complaint in accordance with §23A-49-15. The procedure governing the proceedings, except as provided in this section, shall be the same as that prescribed for civil proceedings by chapter 15-6. Source: SL 2016, ch 138, §14.
SD Codified L § 23A-49-15 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-15 - Procedure in forfeiture proceedings involving real property or conveyances.

23A-49-15. Procedure in forfeiture proceedings involving real property or conveyances.If property described in §23A-49-1 or subdivision 34-20B-70(4) or 22-24A-15(4) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court of the county in which the property was seized or is being held. The proceedings shall be brought in the name of the state. The complaint shall describe the property, and state the property's location, the property's present custodian, the name of each owner if known, the name of each party in interest if known or of legal record, and allege the essential elements of the violation that is claimed to exist. The complaint shall conclude with a prayer to enforce the forfeiture. The procedure governing the proceedings, except as provided by this section, shall be the same as that prescribed for civil proceedings by chapter 15-6. Notice of forfeiture proceedings shall be given to each owner and party in interest whose right, title, or interest is of record as provided in §23A-49-1 or to the Department of Revenue or the Division of Aeronautics or a similar department of another state if the records are maintained in that state by serving a copy of the summons and complaint upon each known owner and known party in interest in accordance with title 15. Source: SL 2016, ch 138, §15.
SD Codified L § 23A-49-16 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-16 - Service of process by mail where person released on bail.

23A-49-16. Service of process by mail where person released on bail.If a person as described in §§23A-49-14 and 23A-49-15 is released on bail as provided by chapter 23A-43, a summons and complaint for forfeiture of the property may be served by mailing the summons and complaint by certified mail, no return receipt required, to the address left by the person upon release from confinement. Source: SL 2016, ch 138, §16.
SD Codified L § 23A-49-17 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-17 - Answer by party in interest.

23A-49-17. Answer by party in interest.Within thirty days after the service of the notice pursuant to §23A-49-14 or 23A-49-15, the owner of the seized property and any other party in interest or claimant may file a verified answer to the claims described in the complaint instituting the forfeiture proceedings. Source: SL 2016, ch 138, §17.
SD Codified L § 23A-49-18 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-18 - Disposition of property by court where no appearance made.

23A-49-18. Disposition of property by court where no appearance made.If at the end of thirty days after the notice has been served there is no verified answer on file and no claimant has appeared to defend the complaint, the court shall order the disposition of the seized property as requested in the complaint. Source: SL 2016, ch 138, §18.
SD Codified L § 23A-49-19 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-19 - Trial--Disposition of property by court.

23A-49-19. Trial--Disposition of property by court.If a verified answer is filed, the forfeiture proceedings shall be set for a trial on a day not more than one hundred eighty days from the date of the filing. Any party may demand a trial by jury for the forfeiture proceedings pursuant to §15-6-38(b). At the trial, the state shall establish probable cause for instituting the forfeiture action following which any owner, party in interest, or claimant who has filed a verified answer has the burden of proving that the property seized is not subject to forfeiture under this chapter. If the court or a jury finds that the property is not subject to forfeiture under this chapter, the court shall order the property released to the owner, party in interest, or claimant according to the person's right, title, or interest. The court shall order the property forfeited if the court or a jury determines that the property was subject to forfeiture. Source: SL 2016, ch 138, §19.
SD Codified L § 23A-49-20 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 49 - Civil Forfeiture for Crime|Section 23A-49-20 - Attorney general's disposition of forfeited property.

23A-49-20. Attorney general's disposition of forfeited property.If property is forfeited under this chapter, the attorney general may:(1)Retain the property for official use;(2)Sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, provided that the proceeds be disposed of for payment of all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and court costs. All money seized or remaining proceeds from the sale of any forfeited property shall be paid into the following funds:(a)If seized pursuant to a violation of chapters 34-20B or 22-42, proceeds shall go to the drug control fund;(b)If seized pursuant to a violation of chapters 22-24A, 22-23, 22-19A, 22-24B, 43-43B, or 23A-27, proceeds shall be used to reimburse the actual costs of the criminal investigation and prosecution, and any amount over those costs shall be used to satisfy any civil judgments received by the victims. All remaining proceeds shall be paid to the South Dakota internet crimes against children fund; and(c)If not otherwise specified by this chapter, proceeds shall go to the general fund; or(3)If property is seized pursuant to a violation of chapters 34-20B or 22-42, the attorney general may forward it to the Division of Criminal Investigation for disposition. Such disposition may include delivery for medical or scientific use to any federal or state agency under regulations of the United States attorney general. Source: SL 2016, ch 138, §20.