reglab/housing_qa huggingface dataset:
SD Codified L § 23A-26-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-10 - (Rule 31(d)) Polling of jury after verdict returned--Further deliberation or discharge if not unanimous.

23A-26-10.(Rule 31(d)) Polling of jury after verdict returned--Further deliberation or discharge if not unanimous.After a verdict is returned but before it is recorded, the jury shall be polled at the request of any party or upon the court's own motion. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberations or may be discharged. Source: SDC 1939 & Supp 1960, §34.3673; SDCL, §23-45-25; SL 1978, ch 178, §328.
SD Codified L § 23A-26-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-11 - Recording of verdict--Inquiry of jury.

23A-26-11. Recording of verdict--Inquiry of jury.When a verdict is given which a court may receive, the clerk must promptly record it in full in the minutes, and must read it to the jurors and inquire of them whether it is their verdict. If any juror disagrees, the fact must be entered in the minutes and the jury must again be sent out. If no disagreement is expressed, the verdict is complete and the jury must be discharged from the case. Source: SDC 1939 & Supp 1960, §34.3674; SDCL, §23-45-26; SL 1978, ch 178, §329.
SD Codified L § 23A-26-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-12 - Remand to custody on verdict of guilty or guilty but mentally ill--Commitment hearing on acquittal for insanity.

23A-26-12. Remand to custody on verdict of guilty or guilty but mentally ill--Commitment hearing on acquittal for insanity.If a verdict of guilty or "guilty but mentally ill" is returned against the defendant, he shall be remanded, if in custody, to the proper officer of the county to await the judgment of the court upon the verdict. When the jury has returned a verdict acquitting the defendant upon the ground of insanity, the court shall order that the defendant be committed to the human services center until such time as he is eligible for release pursuant to §23A-26-12.5. Source: SDC 1939 & Supp 1960, §§13.0605, 34.3676; SDCL, §§23-45-21, 23-48-2; SL 1978, ch 178, §330; SL 1983, ch 174, §17; SL 1985, ch 192, §12.
SD Codified L § 23A-26-12.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-12.1 - Mental examination and report before hearing.

23A-26-12.1. Mental examination and report before hearing.Prior to the date of hearing, pursuant to §23A-26-12.2, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to §§23A-46-1 and 23A-46-2. Source: SL 1985, ch 192, §13.
SD Codified L § 23A-26-12.2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-12.2 - Hearing.

23A-26-12.2. Hearing.A hearing shall be conducted pursuant to the provisions of §23A-46-3, and shall take place not later than forty days following the special verdict. Source: SL 1985, ch 192, §14.
SD Codified L § 23A-26-12.3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-12.3 - Burden of proof.

23A-26-12.3. Burden of proof.In a hearing pursuant to §23A-26-12.2, a person found not guilty only by reason of insanity of an offense involving bodily injury to, or serious damage to the property of, another person, or involving a substantial risk of such injury or damage, has the burden of proving by clear and convincing evidence that his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental illness or defect. With respect to any other offense, the person has the burden of such proof by a preponderance of the evidence. Source: SL 1985, ch 192, §15.
SD Codified L § 23A-26-12.4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-12.4 - Commitment--Duration.

23A-26-12.4. Commitment--Duration.If, after the hearing, the court fails to find by the standard specified in §23A-26-12.3 that the person's release would not create a substantial risk of bodily injury to another person or serious damage to property of another due to a present mental disease or defect, the court shall order that the defendant be committed to the human services center for treatment until the person's mental condition is such that his release, or his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, would not create a substantial risk of bodily injury to another person or serious damage to property of another. Source: SL 1985, ch 192, §16.
SD Codified L § 23A-26-12.5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-12.5 - Release--Procedure--Compliance with prescribed regimen as condition.

23A-26-12.5. Release--Procedure--Compliance with prescribed regimen as condition.When the administrator of the Human Services Center determines that the person has recovered from his mental disease or defect to such an extent that his release, or his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to the person's counsel and to the prosecuting attorney. The court shall order the discharge of the acquitted person, or, on the motion of the prosecuting attorney or on its own motion, shall hold a hearing, conducted pursuant to the provisions of §23A-46-3, to determine whether he should be released. If, after the hearing, the court finds by the standards specified in §23A-26-12.3 that the person has recovered from his mental disease or defect to such an extent that:(1)His release would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall order that he be immediately discharged; or(2)His conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would not create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall:(a)Order that he be conditionally discharged under a prescribed regimen of medical, psychiatric, or psychological care or treatment that has been prepared for him, that has been certified to the court as appropriate by the administrator of the Human Services Center and that has been found by the court to be appropriate; and(b)Order, as an explicit condition of release, that he comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment.The court at any time may, after hearing, employing the same criteria, modify or eliminate the regimen of medical, psychiatric, or psychological care or treatment. Source: SL 1985, ch 192, §17.
SD Codified L § 23A-26-12.6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-12.6 - Failure to comply with regimen--Notice--Arrest--Court determination.

23A-26-12.6. Failure to comply with regimen--Notice--Arrest--Court determination.The director of a medical facility responsible for administering the regimen imposed on an acquitted person conditionally discharged under §23A-26-12.5 shall notify the prosecuting attorney and the court having jurisdiction over the person of any failure of the person to comply with the regimen. Upon such notice, or upon other probable cause to believe that the person has failed to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person may be arrested, and, upon arrest, shall be taken without unnecessary delay before the court having jurisdiction over him. The court shall, after hearing, determine whether the person should be remanded to a suitable facility on the ground that, in light of his failure to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, his continued release would create a substantial risk of bodily injury to another person or serious damage to property of another. Source: SL 1985, ch 192, §18.
SD Codified L § 23A-26-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-14 - Guilty but mentally ill verdict--Required findings.

23A-26-14. Guilty but mentally ill verdict--Required findings.If the defendant raises the defense of "not guilty and not guilty by reason of insanity," he may be found "guilty but mentally ill" if the trier of fact finds all of the following beyond a reasonable doubt:(1)The defendant is guilty of an offense; and(2)The defendant was mentally ill when he committed the offense. Source: SL 1983, ch 174, §16; SL 1986, ch 25.
SD Codified L § 23A-27-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-1 - (Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or aggravation of punishment--Presentence hearing for juvenile--Restitution.

23A-27-1.(Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or aggravation of punishment--Presentence hearing for juvenile--Restitution.Sentences shall be imposed without unreasonable delay, but not within forty-eight hours after determination of guilt. A defendant may waive the forty-eight hour delay. Before imposing a sentence, a court may order a hearing in mitigation or aggravation of punishment. If the defendant is a juvenile convicted as an adult of a Class A or Class B felony, prior to imposing a sentence, the court shall conduct a presentence hearing. At such hearing, the court shall allow the defense counsel an opportunity to speak on behalf of the defendant and shall address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of punishment. The prosecuting attorney shall have an equivalent opportunity to speak to the court. The circumstances must be presented by the testimony of witnesses examined in open court, except that a witness' deposition may be taken by a magistrate in accordance with chapter 23A-12. In imposing a sentence, the court shall enter an order of restitution in accordance with chapter 23A-28. Source: Supreme Court Rule 410, 1939; SDC 1939 & Supp 1960, §§34.3701, 34.3703, 34.3704; SL 1966, ch 120; SDCL §§23-48-5, 23-48-11, 23-48-16; SL 1978, ch 178, §332; SL 1985, ch 192, §1; SL 2013, ch 105, §2.
SD Codified L § 23A-27-1.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-1.1 - Victim's oral impact statement to court before sentence imposed--Response of defendant--Victim defined.

23A-27-1.1. Victim's oral impact statement to court before sentence imposed--Response of defendant--Victim defined.If a defendant has been convicted of an A, B, or C felony, upon request to the court by a victim and before imposing sentence on a defendant, the victim has the right to orally address the court concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.If a defendant has been convicted of any other felony or misdemeanor, upon request to the court by a victim and before imposing sentence on a defendant, the victim, in the discretion of the court, may orally address the court concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.The defendant shall be permitted to respond to such statements orally or by presentation of evidence and shall be granted a reasonable continuance to refute any inaccurate or false charges or statements.For the purpose of this section, the term, victim, means the actual victim or the parent, spouse, next of kin, legal or physical custodian, guardian, foster parent, case worker, victim advocate, or mental health counselor of any actual victim who is incompetent by reason of age or physical condition, who is deceased, or whom the court finds otherwise unable to comment. Source: Supreme Court Rule 86-21; SL 2004, ch 162, §1; SL 2005, ch 129, §1; SL 2012, ch 133, §1; SL 2013, ch 105, §4.
SD Codified L § 23A-27-1.2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-1.2 - Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance.

23A-27-1.2. Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance.If a reduction of a previously imposed sentence requiring time to be served in the penitentiary is proposed for consideration, the state's attorney in the county where the offense was committed shall notify the victim, at the victim's last known address, of the hearing. Upon request to the court by a victim and before reducing any sentence, the victim, in the discretion of the court, may address the court concerning the emotional, physical, and monetary impact of the crime upon the victim and may comment upon the proposed reduction of the sentence.The defendant may respond to the victim's statements orally or by presentation of evidence and may be granted a reasonable continuance to refute any inaccurate or false charges or statements.For the purpose of this section the term "victim" is defined as in §23A-27-1.1. Source: SL 1987, ch 174.
SD Codified L § 23A-27-1.3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-1.3 - Victim's written impact statement to court before sentence imposed--Response of defendant--Victim defined.

23A-27-1.3. Victim's written impact statement to court before sentence imposed--Response of defendant--Victim defined.If a defendant has been convicted of an A, B, or C felony, upon request to the court by a victim and before imposing sentence on a defendant, a victim has a right to address the court in writing concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.If a defendant has been convicted of any other felony or misdemeanor, upon request to the court by a victim and before imposing sentence on a defendant, the victim, in the discretion of the court, may address the court in writing concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.The defendant shall be permitted to respond to such statements and shall be granted a reasonable continuance to refute any inaccurate or false charges or statements.For the purpose of this section, the term, victim, means anyone adversely impacted emotionally, physically, or monetarily by the defendant's crime. Source: SL 2012, ch 133, §2; SL 2013, ch 105, §5.
SD Codified L § 23A-27-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-2 - No forfeiture of property unless expressly imposed.

23A-27-2. No forfeiture of property unless expressly imposed.No conviction of any person for a public offense works any forfeiture of any property except in cases in which a forfeiture is expressly imposed by law. Source: SDC 1939, §13.0614; SDCL, §23-48-29; SL 1978, ch 178, §333.
SD Codified L § 23A-27-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-3 - (Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea.

23A-27-3.(Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea.After imposing a sentence in a case which has gone to trial on a plea of not guilty, the court shall advise the defendant of his right to appeal and of the right of a person who is unable to pay the cost of an appeal to apply for assignment of counsel under chapter 23A-40. There is no duty on a court to advise a defendant of any right of appeal after sentence is imposed following a plea of guilty or nolo contendere. Source: SL 1978, ch 178, §335.
SD Codified L § 23A-27-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 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.(Rule 32(b)(1)) Contents of judgment--Imprisonment in state penitentiary--Multiple convictions--Discharge--Signature--Filing--Crime qualifier defined.In felony and Class 1 misdemeanor cases, the judgment of conviction shall set forth the plea, the verdict or findings, and the adjudication and sentence. If the judgment is for imprisonment in the state penitentiary, the judgment of conviction shall include the defendant's name, the county of conviction, the judge, the prosecuting attorney, the defense attorney, the docket number, the South Dakota Codified Law citation of the crime, any crime qualifier and any habitual offender enhancement, the date of the offense, date of conviction, date of sentence, the sentence term, any suspended time, any jail time credit granted and, in the case of multiple crimes, if the sentences are to be served concurrently or consecutively. In addition, the judgment of conviction involving a sentence to the state penitentiary shall indicate if the penitentiary term is a condition of a suspended imposition or execution of sentence or condition of a term of probation as allowed under §23A-27-18.1. In the case of multiple convictions arising from different transactions, a separate judgment of conviction shall be entered for each conviction. If a defendant is found not guilty or for any other reason is entitled to be discharged, the judgment therefor shall be entered forthwith. Judgments of conviction shall be signed by the judge and filed with the clerk.The term, crime qualifier, as used in this section means the offenses of accessory to a crime pursuant to §22-3-5; aiding, abetting, or advising in planning or committing a crime pursuant to §22-3-3; an attempt to commit a crime pursuant to §22-4-1; conspiracy to commit an offense pursuant to §22-3-8; or criminal solicitation pursuant to §22-4A-1. Source: SDC 1939, §34.3709; SL 1943, ch 129; SDCL §23-48-14; SL 1978, ch 178, §336; SL 1984, ch 180, §1; SL 1987, ch 175; SL 2007, ch 150, §1.
SD Codified L § 23A-27-4.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-4.1 - Relief from judgment--Grounds--Time of motion.

23A-27-4.1. Relief from judgment--Grounds--Time of motion.Within a reasonable time but not more than one year after final judgment, a court on motion of a defendant or upon its own motion may relieve a defendant from final judgment if required in the interest of justice. If the original trial was by a court without a jury, the court on motion of a defendant or upon its own motion, may vacate the judgment if entered, order a new trial or take additional testimony and direct the entry of a new judgment.A motion under this section does not affect the finality of a judgment or suspend its operation.If an appeal is pending, the court may grant a motion under this section only upon remand of the case. Source: SL 1987, ch 410 (Supreme Court Rule 86-36).
SD Codified L § 23A-27-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-5 - (Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant convicted.

23A-27-5.(Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant convicted.A presentence investigation may be ordered in the discretion of a court. The court services officer of a court shall make a presentence investigation and report to the court before the imposition of sentence or the granting of probation unless, with the permission of the court, the defendant waives a presentence investigation and report, or the court finds there is in the record information sufficient to enable the meaningful exercise of sentencing discretion, and the court explains this finding on the record.The report shall not be submitted to a court or its contents disclosed to anyone unless the defendant has pleaded guilty or nolo contendere or has been found guilty, except that a judge may, with the written consent of the defendant, inspect a presentence report at any time. Source: SDC 1939, §34.3704 as added by SL 1966, ch 120; SDCL, §§23-48-17, 23-48-18; SL 1977, ch 198, §§7, 8; SL 1978, ch 178, §337; SL 1982, ch 28, §20.
SD Codified L § 23A-27-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-6 - (Rule 32(c)(2)) Contents of report of presentence investigation.

23A-27-6.(Rule 32(c)(2)) Contents of report of presentence investigation.The report of a presentence investigation shall contain any prior criminal record of the defendant and such information about his characteristics, his financial condition, and the circumstances affecting his behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant, and such other information as may be required by the court. Source: SDC 1939, §34.3704 as added by SL 1966, ch 120; SDCL, §23-48-18; SL 1977, ch 198, §8; SL 1978, ch 178, §338.
SD Codified L § 23A-27-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 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-27-7.(Rule 32(c)(3)(A)) Parties' access to presentence report before sentence imposed--Material kept from defendant--Comments and other evidence received.Before imposing sentence a court shall disclose the report of the presentence investigation to the defendant, the defendant's counsel, if represented by counsel, and the prosecuting attorney, but the court may exclude any recommendation as to sentence, and other material that, in the opinion of the court, contains a diagnostic opinion which might seriously disrupt a program of rehabilitation, sources of information obtained upon a promise of confidentiality, or any other information which, if disclosed, might result in harm, physical or otherwise, to the defendant or other persons. The court shall afford the defendant, the defendant's counsel, or the prosecuting attorney an opportunity to comment thereon and, in the discretion of the court, to introduce testimony or other information relating to any alleged factual inaccuracy contained in the presentence report. Source: SL 1978, ch 178, §339; SL 1979, ch 159, §14; SL 1997, ch 142, §1.