reglab/housing_qa huggingface dataset:
SD Codified L § 33-10-157 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-157 - Record of proceedings--Authentication.

33-10-157. Record of proceedings--Authentication.Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of the judge's death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member, if the trial counsel is unable to authenticate it by reason of the counsel's death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this section. Source: SL 2012, ch 175, §138.
SD Codified L § 33-10-158 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-158 - Contents of record.

33-10-158. Contents of record.A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction.In all other court-martial cases, the record shall contain such matters as may be prescribed by rules promulgated pursuant to chapter 1-26 by the secretary of the Department of the Military. Source: SL 2012, ch 175, §139.
SD Codified L § 33-10-159 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-159 - Records of summary court-martial.

33-10-159. Records of summary court-martial.Each summary court-martial shall keep a separate record of the proceedings in each case. The record shall be authenticated in the manner as may be prescribed by rules promulgated pursuant to chapter 1-26 by the secretary of the Department of the Military. Source: SL 2012, ch 175, §140.
SD Codified L § 33-10-160 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-160 - Copy of record to be given to the accused.

33-10-160. Copy of record to be given to the accused.A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated. Source: SL 2012, ch 175, §141.
SD Codified L § 33-10-161 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-161 - Cruel and unusual punishments prohibited.

33-10-161. Cruel and unusual punishments prohibited.Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment may not be adjudged by a court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited. Source: SL 2012, ch 175, §142.
SD Codified L § 33-10-162 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-162 - Maximum sentence--Felony and misdemeanor--Noncriminal conviction.

33-10-162. Maximum sentence--Felony and misdemeanor--Noncriminal conviction.The punishment which a court-martial may direct for an offense may not exceed such limits as prescribed by this code, but in no instance may a sentence exceed more than ten years for a military offense, nor may a sentence of death be adjudged. A conviction by general court-martial of any military offense for which an accused may receive a sentence of confinement for more than one year is a felony offense. Except for convictions by a summary court-martial, all other military offenses are misdemeanors. Any conviction by a summary court-martial is not a criminal conviction. Source: SL 2012, ch 175, §143.
SD Codified L § 33-10-163 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-163 - Limits of punishment.

33-10-163. Limits of punishment.The limits of punishment for violations of the punitive provision prescribed by this code shall be lesser of the sentences prescribed by the manual for courts-martial of the United States in effect on January 1, 2012, and the state manual for courts-martial. However, in no instance may any punishment exceed that authorized by this code. Source: SL 2012, ch 175, §144.
SD Codified L § 33-10-164 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-164 - Forfeitures.

33-10-164. Forfeitures.If a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date. Source: SL 2012, ch 175, §145.
SD Codified L § 33-10-165 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-165 - Computation of period of confinement--Effective date of other sentences.

33-10-165. Computation of period of confinement--Effective date of other sentences.Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement. All other sentences of courts-martial are effective on the date ordered executed. Source: SL 2012, ch 175, §146.
SD Codified L § 33-10-166 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-166 - Deferment of sentence to confinement--Rescission.

33-10-166. Deferment of sentence to confinement--Rescission.On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person's jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in that person's sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person's jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned. Source: SL 2012, ch 175, §147.
SD Codified L § 33-10-167 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-167 - Deferment until after accused has been permanently released to state military forces.

33-10-167. Deferment until after accused has been permanently released to state military forces.In any case in which a court-martial sentences an accused referred to in §33-10-168 to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the state military forces by a state, the United States, or a foreign country referred to in that section. Source: SL 2012, ch 175, §148.
SD Codified L § 33-10-168 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-168 - Persons subject to deferment until permanently released to state military forces.

33-10-168. Persons subject to deferment until permanently released to state military forces.Section 33-10-167 applies to a person subject to this code who:(1)While in the custody of a state, the United States, or a foreign country is temporarily returned by that state, the United States, or a foreign country to the state military forces for trial by court-martial; and(2)After the court-martial, is returned to that state, the United States, or a foreign country under the authority of a mutual agreement or treaty, as the case may be.For the purposes of this section and §33-10-167, the term, state, includes the District of Columbia and any commonwealth, territory, or possession of the United States. Source: SL 2012, ch 175, §149.
SD Codified L § 33-10-169 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-169 - Deferment of sentence to confinement while review pending.

33-10-169. Deferment of sentence to confinement while review pending.In any case in which a court-martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case pursuant to §33-10-209 is pending, the adjutant general may defer further service of the sentence to confinement while that review is pending. Source: SL 2012, ch 175, §150.
SD Codified L § 33-10-170 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-170 - Place of confinement.

33-10-170. Place of confinement.A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place authorized by this code. Any person so confined is subject to the same discipline and treatment as any person regularly confined or committed to that place of confinement. Source: SL 2012, ch 175, §151.
SD Codified L § 33-10-171 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-171 - Hard labor.

33-10-171. Hard labor.The omission of hard labor as a sentence authorized under this code does not deprive the state confinement facility from employing it, if it otherwise is within the authority of that facility to do so. Source: SL 2012, ch 175, §152.
SD Codified L § 33-10-172 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-172 - Fees for confinement.

33-10-172. Fees for confinement.No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law. If no military confinement facility is available and a civilian facility charges fees as provided by law, the person confined shall be responsible for such costs. Source: SL 2012, ch 175, §153.
SD Codified L § 33-10-173 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-173 - Reduction of enlisted member pay grade.

33-10-173. Reduction of enlisted member pay grade.A court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes:(1)A dishonorable or bad-conduct discharge; or(2)Confinement;reduces that member to pay grade E-1, effective on the date of that approval. Source: SL 2012, ch 175, §154.
SD Codified L § 33-10-174 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-174 - Restoration of pay.

33-10-174. Restoration of pay.If the sentence of a member who is reduced in pay grade pursuant to subdivision 33-10-173(1) is set aside or disapproved, or, as finally approved, does not include any punishment pursuant to subdivisions 33-10-173(1) or (2), the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay and allowances. Source: SL 2012, ch 175, §155.
SD Codified L § 33-10-175 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-175 - Forfeiture of pay and allowances.

33-10-175. Forfeiture of pay and allowances.A court-martial sentence described in §33-10-176 shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this section shall take effect on the date determined pursuant to §33-10-164 and may be deferred as provided by that section. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be two-thirds of all pay due that member during such period. Source: SL 2012, ch 175, §156.
SD Codified L § 33-10-176 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-176 - Sentences subject to forfeiture of pay and allowances.

33-10-176. Sentences subject to forfeiture of pay and allowances.A sentence covered by §33-10-175 is any sentence that includes:(1)Confinement for more than six months; or(2)Confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal. Source: SL 2012, ch 175, §157.
SD Codified L § 33-10-177 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-177 - Waiver of forfeiture of pay and allowances for dependents of accused.

33-10-177. Waiver of forfeiture of pay and allowances for dependents of accused.In a case involving an accused who has dependents, the convening authority or other person acting under this code may waive any or all of the forfeitures of pay and allowances required by §33-10-175 for a period not to exceed six months. Any amount of pay or allowances that would be forfeited, except for a waiver under this section, shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused. Source: SL 2012, ch 175, §158.
SD Codified L § 33-10-178 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-178 - Restoration of pay and allowances.

33-10-178. Restoration of pay and allowances.If the sentence of a member who forfeits pay and allowances pursuant to §33-10-175 is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in §33-10-176, the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect. Source: SL 2012, ch 175, §159.
SD Codified L § 33-10-179 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-179 - Error of law.

33-10-179. Error of law.A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. Source: SL 2012, ch 175, §160.
SD Codified L § 33-10-180 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-180 - Lesser included offense.

33-10-180. Lesser included offense.Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense. Source: SL 2012, ch 175, §161.
SD Codified L § 33-10-181 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-181 - Prompt report of findings and sentence to convening authority.

33-10-181. Prompt report of findings and sentence to convening authority.The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. Source: SL 2012, ch 175, §162.
SD Codified L § 33-10-182 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-182 - Submission to convening authority of matters for consideration--Time for submission.

33-10-182. Submission to convening authority of matters for consideration--Time for submission.The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Any such submission shall be in writing. Except in a summary court-martial case, such a submission shall be made within ten days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of a judge advocate pursuant to §33-10-189. In a summary court-martial case, such a submission shall be made within seven days after the sentence is announced. Source: SL 2012, ch 175, §163.
SD Codified L § 33-10-183 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-183 - Extension of time for submission.

33-10-183. Extension of time for submission.If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action pursuant to this code, for good cause, may extend the applicable period pursuant to §33-10-182 for not more than an additional twenty days. Source: SL 2012, ch 175, §164.
SD Codified L § 33-10-184 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-184 - Provision of record to accused.

33-10-184. Provision of record to accused.In a summary court-martial case, the accused shall be promptly provided a copy of the record of trial for use in preparing a submission authorized by §33-10-182. Source: SL 2012, ch 175, §165.
SD Codified L § 33-10-185 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-185 - Waiver of right to make submission.

33-10-185. Waiver of right to make submission.The accused may waive the right to make a submission to the convening authority as authorized by §33-10-182. Such a waiver shall be made in writing and may not be revoked. For the purposes of §33-10-187, the time within which the accused may make a submission under §33-10-182 shall be deemed to have expired upon the submission of such a waiver to the convening authority. Source: SL 2012, ch 175, §166.
SD Codified L § 33-10-186 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-186 - Authority to modify findings and sentence.

33-10-186. Authority to modify findings and sentence.The authority pursuant to §33-10-188 to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general court-martial jurisdiction who may take action pursuant to §33-10-187. Source: SL 2012, ch 175, §167.
SD Codified L § 33-10-187 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-187 - Action on sentence of court-martial.

33-10-187. Action on sentence of court-martial.Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act pursuant to this code. Such action may be taken only after consideration of any matters submitted by the accused pursuant to §33-10-182 or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action, in that person's sole discretion may approve, disapprove, commute, or suspend the sentence in whole or in part. Source: SL 2012, ch 175, §168.
SD Codified L § 33-10-188 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-188 - Action on findings of court-martial.

33-10-188. Action on findings of court-martial.Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in the person's sole discretion may:(1)Dismiss any charge or specification by setting aside a finding of guilty thereto; or(2)Change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification. Source: SL 2012, ch 175, §169.
SD Codified L § 33-10-189 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-189 - Recommendation of judge advocate--Response and objection.

33-10-189. Recommendation of judge advocate--Response and objection.Before acting pursuant to §33-10-188 on any general or special court-martial case in which there is a finding of guilt, the convening authority or other person taking action shall obtain and consider the written recommendation of a judge advocate. The convening authority or other person taking action shall refer the record of trial to the judge advocate, and the judge advocate shall use such record in the preparation of the recommendation. The recommendation of the judge advocate shall include such matters as may be prescribed by rules promulgated pursuant to chapter 1-26 by the secretary of the Department of the Military and shall be served on the accused, who may submit any matter in response pursuant to §33-10-182. Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto. Source: SL 2012, ch 175, §170.
SD Codified L § 33-10-190 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-190 - Proceeding in revision or rehearing.

33-10-190. Proceeding in revision or rehearing.The convening authority or other person taking action pursuant to this code, in the person's sole discretion, may order a proceeding in revision or a rehearing. Source: SL 2012, ch 175, §171.
SD Codified L § 33-10-191 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-191 - Matters considered at proceeding in revision.

33-10-191. Matters considered at proceeding in revision.A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision:(1)Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;(2)Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or(3)Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory. Source: SL 2012, ch 175, §172.