reglab/housing_qa huggingface dataset:
SD Codified L § 23A-46-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 46 - Mental Examinations And Hearings|Section 23A-46-12 - Failure to comply with regimen--Notice--Arrest--Court determination.

23A-46-12. Failure to comply with regimen--Notice--Arrest--Court determination.The director of the medical facility responsible for administering the regimen imposed on a person conditionally discharged under §23A-46-11 shall notify the prosecuting attorney and the court having jurisdiction over the person of any failure of the person to comply with the regimen. On 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 a hearing, determine whether the person should be remanded to a suitable facility on the ground that, in light of his failure to comply with a 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, §28.
SD Codified L § 23A-46-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 46 - Mental Examinations And Hearings|Section 23A-46-13 - Hospitalized person against whom charges dismissed--Notice of risk--Civil proceedings.

23A-46-13. Hospitalized person against whom charges dismissed--Notice of risk--Civil proceedings.If the administrator of the facility in which a person is hospitalized pursuant to this chapter, §§23A-10A-3 to 23A-10A-4.2, inclusive, 23A-26-12 to 23A-26-12.6, inclusive, or 23A-27-42 to 23A-27-46, inclusive, certifies that the person, against whom all charges have been dismissed for reasons not related to the mental condition of the person, is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, the administrator shall refer the matter to the prosecuting attorney for proceedings for civil commitment. Source: SL 1985, ch 192, §29.
SD Codified L § 23A-47-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 47 - Administrative Financial Accounting System|Section 23A-47-1 - Placement into administrative financial accountability system.

23A-47-1. Placement into administrative financial accountability system.The Department of Corrections or the Unified Judicial System may place any adult offender with an outstanding court-ordered financial obligation into the administrative financial accountability system. Source: SL 2013, ch 101, §43, eff. Jan. 1, 2014.
SD Codified L § 23A-47-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 47 - Administrative Financial Accounting System|Section 23A-47-2 - Management of parolee, inmate, or probationer by administrative financial accountability system.

23A-47-2. Management of parolee, inmate, or probationer by administrative financial accountability system.A parolee, inmate, or probationer, who is discharged from supervision but has outstanding, court-ordered financial obligations, shall be managed by the administrative financial accountability system, as administered pursuant to §23A-47-3, in order to satisfy all court-ordered financial obligations. Source: SL 2013, ch 101, §44, eff. Jan. 1, 2014; SL 2015, ch 142, §1.
SD Codified L § 23A-47-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 47 - Administrative Financial Accounting System|Section 23A-47-3 - Monitoring and tracking of payments.

23A-47-3. Monitoring and tracking of payments.The administrative financial accountability system shall be administered by the Unified Judicial System pursuant to §23A-28-3 and shall monitor and track payments within the system. Source: SL 2013, ch 101, §45, eff. Jan. 1, 2014; SL 2015, ch 142, §2.
SD Codified L § 23A-47-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 47 - Administrative Financial Accounting System|Section 23A-47-4 - Promulgation of rules for collection of outstanding court-ordered financial obligations.

23A-47-4. Promulgation of rules for collection of outstanding court-ordered financial obligations.The Supreme Court shall promulgate rules for the collection of outstanding court-ordered financial obligations through the administrative financial accountability system. The rules shall include graduated responses to noncompliance and a policy for the termination or adjustment of the financial obligations. Source: SL 2013, ch 101, §46, eff. Jan. 1, 2014; SL 2015, ch 142, §3.
SD Codified L § 23A-47-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 47 - Administrative Financial Accounting System|Section 23A-47-5 - Termination of financial obligation.

23A-47-5. Termination of financial obligation.Pursuant to rules established by the Supreme Court, any financial obligation from an order more than twenty-five years old, deemed uncollectible, or following the death of an offender may be terminated. Source: SL 2013, ch 101, §47, eff. Jan. 1, 2014.
SD Codified L § 23A-47-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 47 - Administrative Financial Accounting System|Section 23A-47-6 - Failure to comply with plan of restitution or plan for financial obligations.

23A-47-6. Failure to comply with plan of restitution or plan for financial obligations.Failure of any individual in this system to comply with the plan of restitution or plan for financial obligations as approved or modified by the court constitutes a violation of the conditions within this system. Without limitation, the court may modify the plan of restitution or financial obligation, extend the period of time for restitution or financial obligation, or continue the individual in the administrative financial accountability system. If the individual fails to make payment as ordered by the court, the individual may be held in contempt of the court's order. Source: SL 2013, ch 101, §48, eff. Jan. 1, 2014; SL 2015, ch 142, §4.
SD Codified L § 23A-47-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 47 - Administrative Financial Accounting System|Section 23A-47-7 - Contempt or review hearings.

23A-47-7. Contempt or review hearings.The original sentencing court shall be the court of competent jurisdiction pursuant to §23A-47-6 for contempt or review hearings, if necessary, as part of the financial accountability collections system. Source: SL 2013, ch 101, §49, eff. Jan. 1, 2014; SL 2015, ch 142, §5.
SD Codified L § 23A-47-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 47 - Administrative Financial Accounting System|Section 23A-47-8 - Report on administrative financial accountability system.

23A-47-8. Report on administrative financial accountability system.The Unified Judicial System shall semiannually report the implementation and outcomes of the administrative financial accountability system to the oversight council. Source: SL 2013, ch 101, §50, eff. Jan. 1, 2014.
SD Codified L § 23A-48-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-1 - Evidence-based probation supervision practices.

23A-48-1. Evidence-based probation supervision practices.Adult probation supervision shall use evidence-based practices and shall target the probationer's criminal risk and need factors with appropriate supervision and intervention, focusing resources on moderate-risk and high-risk offenders. Source: SL 2014, ch 256 (Supreme Court Rule 13-14, §1), eff. Jan. 1, 2014.
SD Codified L § 23A-48-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-2 - Methods used in adult probation supervision.

23A-48-2. Methods used in adult probation supervision.Adult probation supervision shall include:(1)Use of a normed and validated risk and needs assessment measuring criminal risk factors, specific individual needs and driving variable supervision levels;(2)Use of assessment results to guide targeted supervision responses consistent with evidence-based practices as to the level of supervision and the practices used to reduce recidivism;(3)Collateral and personal contacts, including unscheduled contacts, with the offender and community and with a frequency consistent with the probationer's supervision level and risk of re-offense, staying informed of the probationer's conduct, compliance with conditions, and progress in community based intervention;(4)Use of adult probation change plans for each probationer assessed as medium-risk, high-risk or intensive risk to reoffend;(5)Use of an automated call-in system for each probationer assessed as administrative or low risk to reoffend unless otherwise approved by the chief court services officer for the judicial circuit; and(6)Use of practical and suitable supervision methods that are consistent with evidence-based practices to aid and encourage the probationer to improve his or her conduct and circumstances and to reduce the risk of recidivism through the use of incentives and rewards for positive behavior and swift and certain sanctions for noncompliance. Source: SL 2014, ch 256 (Supreme Court Rule 13-14, §2), eff. Jan. 1, 2014.
SD Codified L § 23A-48-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-3 - Adult probation change plan defined.

23A-48-3. Adult probation change plan defined."Adult probation change plan" means an individualized, documented accountability and behavior change strategy that:(1)Matches the type and intensity of supervision to the assessed risk of reoffending;(2)Targets and prioritizes the specific criminal risk factors of the individual, with attention to addressing barriers to learning and participation;(3)Engages the probationer in the development of the plan; and(4)Establishes a timetable for achieving specific behavioral goals, including a schedule for payments of restitution, child support, and other financial obligations. Source: SL 2014, ch 256 (Supreme Court Rule 13-14, §3), eff. Jan. 1, 2014.
SD Codified L § 23A-48-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-4 - Graduated response grid for violation of conditions of probation.

23A-48-4. Graduated response grid for violation of conditions of probation.Pursuant to §16-22-13, the Supreme Court hereby adopts the following graduated response grid and rules to guide court services officers in determining the appropriate response to a violation of conditions of probation. It is the policy of the Unified Judicial System that violations of probation be addressed in a timely, consistent and reasonable manner by use of a graduated response grid. The use of graduated sanctions and incentives is intended to achieve public safety by holding offenders accountable for their behavior and reinforcing positive behavior. Source: SL 2014, ch 258 (Supreme Court Rule 13-16, §1), eff. Jan. 1, 2014.
SD Codified L § 23A-48-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-5 - Statewide utilization of grid for adult cases.

23A-48-5. Statewide utilization of grid for adult cases.The response grid in Appendix A to this chapter is hereby adopted for statewide use by court services officers. The response grid shall be utilized statewide for all adult cases supervised through court services. Sections 23A-48-4 to 23A-48-14, inclusive, do not apply to probationers supervised as part of a drug court as defined by §16-22-3. Source: SL 2014, ch 258 (Supreme Court Rule 13-16, §2), eff. Jan. 1, 2014.
SD Codified L § 23A-48-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-6 - Incentives for compliance.

23A-48-6. Incentives for compliance.Court services officers are encouraged to provide incentives for compliance with the conditions of probation and acknowledge achievements to reinforce positive behavior. Source: SL 2014, ch 258 (Supreme Court Rule 13-16, §3), eff. Jan. 1, 2014.
SD Codified L § 23A-48-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-7 - Response grid to be standard condition of probation--Review of moderate or serious sanctions.

23A-48-7. Response grid to be standard condition of probation--Review of moderate or serious sanctions.Except as stated in §23A-48-5 the response grid shall be made a standard condition of probation and a probationer shall be informed that they may seek review of any moderate or serious sanction imposed by requesting review by the chief court services officer for the judicial circuit. 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 shall be assigned by the director of trial court services. The decision made by the chief court services officer concerning the imposition of a sanction is final. Source: SL 2014, ch 258 (Supreme Court Rule 13-16, §4), eff. Jan. 1, 2014.
SD Codified L § 23A-48-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-8 - Arrest for misdemeanor or felony--Petition to modify or revoke probation--Report.

23A-48-8. Arrest for misdemeanor or felony--Petition to modify or revoke probation--Report.The response grid applies to conduct that is a violation of the terms and conditions of probation including an arrest for a misdemeanor offense. If a probationer is arrested for a felony, the court services officer shall submit a probation violation report to the prosecuting attorney. The court services officer may file a petition to modify or revoke probation with the court at any time. If a probationer's conduct demonstrates a significant risk to public safety the court services officer shall immediately submit a probation violation report. Source: SL 2014, ch 258 (Supreme Court Rule 13-16, §5), eff. Jan. 1, 2014.
SD Codified L § 23A-48-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-9 - Application of grid.

23A-48-9. Application of grid.A court services officer shall respond to a violation through the application of the grid by utilizing the appropriate cells based on the probationer's risk level and the type of violation. The imposition of sanctions within a grid cell is vested to the discretion of the supervising court services officer. A court services officer may deviate up or down from the grid cell with supervisor approval. Not all responses in each grid cell may be appropriate for all violations or for all probationers. Graduated responses may be used individually or in combination and include formal and informal responses to probation violations. The imposition of any sanction or incentive shall be documented by the court services officer. Source: SL 2014, ch 258 (Supreme Court Rule 13-16, §6), eff. Jan. 1, 2014.
SD Codified L § 23A-48-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-10 - Factors for imposition of sanction.

23A-48-10. Factors for imposition of sanction.Court services officers shall consider the risk the probationer poses to the community, the severity of any violation, prior history on probation, previous violations or sanctions, and the deterrent effect when imposing a sanction. The court services officer shall also employ positive reinforcement for a probationer's compliance with the conditions of supervision and completion of benchmarks during the term of supervision. Source: SL 2014, ch 258 (Supreme Court Rule 13-16, §7), eff. Jan. 1, 2014.
SD Codified L § 23A-48-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-11 - Court services officer response to violation of conditions of probation.

23A-48-11. Court services officer response to violation of conditions of probation.In response to a violation of the conditions of probation the court services officer may:(1)Modify the conditions of community supervision for the limited purpose of imposing graduated sanctions.(2)Place a probationer who violates the terms of supervision in a local correctional or detention facility for a period of time up to forty-eight hours with review and prior approval of the chief court services officer for the judicial circuit.(3)Impose any sanction with consideration to the probationers' employment schedule while still preserving public safety and maintaining the purpose and integrity of the sanctioning process. Source: SL 2014, ch 258 (Supreme Court Rule 13-16, §8), eff. Jan. 1, 2014.
SD Codified L § 23A-48-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-12 - Term of probation.

23A-48-12. Term of probation.A sanction cannot extend the term of probation. Source: SL 2014, ch 258 (Supreme Court Rule 13-16, §9), eff. Jan. 1, 2014.
SD Codified L § 23A-48-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-13 - Response grid oversight committee.

23A-48-13. Response grid oversight committee.There is hereby established a response grid oversight committee to consider recommendations to the graduated response grid and make such changes as the committee determines appropriate by majority vote. The committee shall be appointed by the Chief Justice of the South Dakota Supreme Court. The committee shall consist of nine members and be composed of two judges, two chief court services officers, one deputy chief court services officer, two court services officers that are not chief or deputy chief court services officers, one state's attorney and one defense attorney. The director of trial court services shall also serve as a non-voting member of the committee. The committee shall meet within 180 days from appointment and at least annually thereafter. Source: SL 2014, ch 258 (Supreme Court Rule 13-16, §10), eff. Jan. 1, 2014.
SD Codified L § 23A-48-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-14 - Sentencing court authority to respond to violation or modify conditions.

23A-48-14. Sentencing court authority to respond to violation or modify conditions.Nothing in §§23A-48-4 to 23A-48-14, inclusive, shall be construed to limit the sentencing court's ability to respond to a probation violation or modify the terms and conditions of probation. Source: SL 2014, ch 258 (Supreme Court Rule 13-16, §11), eff. Jan. 1, 2014.
SD Codified L § 23A-48-15 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-15 - Earned discharge policy established.

23A-48-15. Earned discharge policy established.Pursuant to the South Dakota Public Safety Improvement Act the Supreme Court establishes the following criteria and procedure for awarding earned credits for discharge from probation. Source: SL 2014, ch 257 (Supreme Court Rule 13-15, §1), eff. Jan. 1, 2014.
SD Codified L § 23A-48-16 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-16 - Definitions pertaining to earned discharge credits.

23A-48-16.Definitions pertaining to earned discharge credits.Definitions for the purposes of determining earned discharge credits:A.Absconded. The term absconded means to be absent from the offender's approved place of residence or employment with the intent of avoiding supervision. When there is reason to believe that an offender has absconded, verification of absence is obtained by conducting a field contact at the last known approved place of residence, contacting the last known approved place of employment, if applicable, and contacting known family members and collateral contacts.B. Probationer. A probationer is defined as any person convicted of a felony or receiving a suspended imposition under §23A-27-13 on a felony charge and sentenced by a South Dakota court to a term of supervised probation exceeding six months. A probationer for the purpose of §§23A-48-15 to 23A-48-22, inclusive, does not include a person sentenced to drug court, a minor on juvenile court probation, or a person serving probation only on a misdemeanor offense under the laws of the State of South Dakota.C.Probation Violation. A probation violation is defined as any written report submitted to the prosecuting attorney by a supervising court service's officer, or any petition to modify or revoke probation filed with the court by a state's attorney, the attorney general or court services officer alleging that a probationer has violated the terms of supervised probation.D.Supervised Probation. Supervised probation under §§23A-48-15 to 23A-48-22, inclusive, shall mean a period of probation, exceeding six months, imposed upon a probationer who has entered into a written agreement for probation with a court services officer that has been approved and filed with the court. Supervised probation does not include supervision through case-service monitoring or through the financial accountability collections system. Source: SL 2014, ch 257 (Supreme Court Rule 13-15, §2), eff. Jan. 1, 2014.
SD Codified L § 23A-48-17 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-17 - Certain probationers ineligible for earned discharged credits.

23A-48-17. Certain probationers ineligible for earned discharged credits.Any probationer serving a term of supervised probation as the result of a sex offense under §22-24B-1, a violation of the sex offender registry requirements, or a violation of community safety zone requirements is not eligible for earned discharge credits under §§23A-48-15 to 23A-48-22, inclusive. Source: SL 2014, ch 257 (Supreme Court Rule 13-15, §3), eff. Jan. 1, 2014.
SD Codified L § 23A-48-18 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-18 - Eligibility for earned discharge credit.

23A-48-18. Eligibility for earned discharge credit.Except as set forth in §23A-48-17, a probationer who has a term of supervised probation of six months or more as of January 1, 2014 shall be eligible for earned discharge credit as set forth in §23A-48-19 regardless of the date of conviction. Source: SL 2014, ch 257 (Supreme Court Rule 13-15, §4), eff. Jan. 1, 2014.