reglab/housing_qa huggingface dataset:
SD Codified L § 23A-27-35 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-35 - Suspension of civil rights on sentence to penitentiary--Prisoner as witness--Restoration of rights--Voting rights.

23A-27-35. Suspension of civil rights on sentence to penitentiary--Prisoner as witness--Restoration of rights--Voting rights.A sentence of imprisonment in the state penitentiary for any term suspends the right of the person so sentenced to hold public office, to become a candidate for public office, and to serve on a jury. Any such person so sentenced forfeits all public offices and all private trusts, authority, or power during the term of such imprisonment. Any person who is serving a term in any penitentiary shall be a competent witness in any action now pending or hereafter commenced in the courts of this state, and the person's deposition may be taken in the same manner prescribed by statute or rule relating to taking of depositions. After a suspension of sentence pursuant to §23A-27-18, upon the termination of the time of the original sentence or the time extended by order of the court, a defendant's rights withheld by this section are restored. However, the voting rights of any person sentenced to imprisonment in the state penitentiary shall be governed by Title 12. Source: SDC 1939, §34.3708 as added by SL 1939, ch 132; SL 1943, ch 128; SDCL §§23-48-35, 23-57-7; SL 1978, ch 178, §352; SL 2012, ch 82, §2.
SD Codified L § 23A-27-36.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-36.1 - Sentence to commence after expiration of last sentence of imprisonment.

23A-27-36.1. Sentence to commence after expiration of last sentence of imprisonment.If a person is convicted of a crime committed while confined in a county or municipal jail, upon conviction, the sentence does not commence to run until the expiration of the last sentence of imprisonment, unless the sentencing court specifically orders otherwise. Source: SL 2004, ch 164, §6.
SD Codified L § 23A-27-38 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-38 - Guilty but mentally ill finding or plea--Sentence--Treatment.

23A-27-38. Guilty but mentally ill finding or plea--Sentence--Treatment.If a defendant is found "guilty but mentally ill" or enters that plea and the plea is accepted by the court, the court shall impose any sentence which could be imposed upon a defendant pleading or found guilty of the same charge. If the defendant is sentenced to the state penitentiary, he shall undergo further examination and may be given the treatment that is psychiatrically indicated for his mental illness. If treatment is available, it may be provided through facilities under the jurisdiction of the Department of Social Services. The secretary of corrections may transfer the defendant from the penitentiary to other facilities under the jurisdiction of the Department of Social Services, with the consent of the secretary of social services, and return the defendant to the penitentiary after completion of treatment for the balance of the defendant's sentence. Source: SL 1983, ch 174, §18; SL 1989, ch 21, §47; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
SD Codified L § 23A-27-39 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-39 - Discharge of guilty but mentally ill defendant by treating facility--Report.

23A-27-39. Discharge of guilty but mentally ill defendant by treating facility--Report.If a treating facility discharges a defendant pursuant to §23A-27-38 prior to the expiration of his sentence, the facility shall forward to the Board of Pardons and Paroles a report on the condition of the defendant. The report shall contain the clinical facts, the diagnosis, the course of treatment, and the prognosis for remission of symptoms. Source: SL 1983, ch 174, §19.
SD Codified L § 23A-27-40 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-40 - Probation for defendant guilty but mentally ill--Treatment as condition.

23A-27-40. Probation for defendant guilty but mentally ill--Treatment as condition.If a defendant is found "guilty but mentally ill" and is placed on probation, the sentencing court, upon recommendation of a licensed psychiatrist or a licensed psychologist, shall make treatment a condition of probation. Any report required by the sentencing court shall be filed with the court service department and the sentencing court. The defendant's failure to continue treatment, except by agreement with the treating agency and the sentencing court, is basis for commencing a probation revocation hearing and grounds for probation revocation. Source: SL 1983, ch 174, §21; SL 2019, ch 115, §1.
SD Codified L § 23A-27-41 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-41 - Facilities providing treatment for mentally ill probationer--Payment of expense.

23A-27-41. Facilities providing treatment for mentally ill probationer--Payment of expense.The treatment required by §23A-27-40 shall be provided by local mental health agencies, if available, or by a facility under the jurisdiction of the Department of Social Services. The defendant is responsible for payment for his treatment unless he is indigent. If the defendant is indigent and no other source of payment is available, payment for his treatment shall be paid by the county of his residence. With the court's approval, treatment at the defendant's expense may be provided by private agencies, private physicians, or other mental health personnel. Source: SL 1983, ch 174, §22; SL 1989, ch 21, §48; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
SD Codified L § 23A-27-42 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-42 - Presentence hearing on mental condition.

23A-27-42. Presentence hearing on mental condition.A defendant found guilty of an offense, or the prosecuting attorney may, within ten days after the defendant is found guilty, and prior to the time the defendant is sentenced, file a motion for a hearing on the present mental condition of the defendant if the motion is supported by substantial information indicating that the defendant may presently be suffering from a mental disease or defect for which he is in need of custody for care and treatment in a suitable facility. The court shall grant the motion, or at any time prior to the sentencing of the defendant shall order such a hearing on its own motion, if it is of the opinion that there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect for which he is in need of custody for care or treatment in a suitable facility. Source: SL 1985, ch 192, §19.
SD Codified L § 23A-27-43 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-43 - Mental examination and report before hearing.

23A-27-43. Mental examination and report before hearing.Prior to the date of hearing, 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. If the report includes an opinion by the examiner that the defendant is presently suffering from a mental disease or defect but that it is not such as to require his custody for care or treatment in a suitable facility, then the report shall also include an opinion by the examiner concerning the sentencing alternatives that best accord the defendant the kind of treatment he does need. Source: SL 1985, ch 192, §20; SL 1986, ch 27, §7.
SD Codified L § 23A-27-44 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-44 - Conduct of hearing.

23A-27-44. Conduct of hearing.The hearing shall be conducted pursuant to the provisions of §23A-46-3. Source: SL 1985, ch 192, §21.
SD Codified L § 23A-27-45 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-45 - Commitment--Finding--Provisional sentence.

23A-27-45. Commitment--Finding--Provisional sentence.If, after hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect and that he should, in lieu of being sentenced to imprisonment, be committed to a suitable facility for care or treatment, the court shall commit the defendant to the custody of the Human Services Center. The Human Services Center shall hospitalize the defendant for care or treatment. Such a commitment constitutes a provisional sentence of imprisonment to the maximum term authorized by law for the offense for which the defendant was found guilty. Source: SL 1985, ch 192, §22.
SD Codified L § 23A-27-46 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-46 - Recovery of defendant--Notice--Final sentencing.

23A-27-46. Recovery of defendant--Notice--Final sentencing.When the administrator of the human services center determines that the defendant has recovered from his mental disease or defect to such an extent that he is no longer in need of custody for care or treatment in such a facility, 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 defendant's counsel and to the prosecuting attorney. If, at the time of the filing of the certificate, the provisional sentence imposed pursuant to §23A-27-45 has not expired, the court shall proceed finally to sentencing and may modify the provisional sentence. Source: SL 1985, ch 192, §23.
SD Codified L § 23A-27-47 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-47 - Confidentiality of records.

23A-27-47. Confidentiality of records.Records prepared or maintained by court services officers are confidential. However, such records may be inspected by, or disclosed to, justices, judges, magistrates, and employees of the Unified Judicial System in the course of their duties and to persons specifically authorized by order of the court. Source: SL 1994, ch 217, §2.
SD Codified L § 23A-27-49 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-49 - Posthumous sentencing of certain defendants.

23A-27-49. Posthumous sentencing of certain defendants.Upon the death of a defendant who has not been sentenced but who has entered a plea of guilty or nolo contendere or has been found guilty at trial, the court shall enter a judgment of conviction pursuant to §23A-27-4. Any sentence imposed shall be limited to restitution, court costs, and costs of prosecution. Source: SL 2008, ch 116, §1.
SD Codified L § 23A-27-50 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-50 - Substitution of personal representative for appeal purposes.

23A-27-50. Substitution of personal representative for appeal purposes.If a defendant dies following the entry of a plea of guilty or nolo contendere or a finding of guilt at trial and the time for taking an appeal has not expired, the court may order substitution of the proper parties for the purpose of an appeal. The personal representative of the defendant's estate may make a motion for substitution, together with a notice of hearing, and shall serve the same on the prosecuting attorney. Source: SL 2008, ch 116, §2.
SD Codified L § 23A-27-52 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-52 - Defendant serving in military or veteran.

23A-27-52. Defendant serving in military or veteran.If a defendant appears in court and pleads guilty or no contest to a crime punishable as a felony or Class 1 misdemeanor, the court shall inquire whether the defendant is currently serving in or is a veteran of, the United States Armed Forces. If the defendant is currently serving in the military or is a military veteran, the court may:(1)Order that a court services officer consult with the United States Department of Veterans Affairs or another agency or person with suitable knowledge or experience, for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, state, and local programming; and(2)Consider the treatment recommendations of any diagnosing or treating mental health or substance abuse professionals together with the treatment options available to the defendant in imposing sentence. Source: SL 2013, ch 101, §8.
SD Codified L § 23A-27-53 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-53 - Probation for violation of § 22-42-5 or 22-42-5.1--Treatment--Revocation.

23A-27-53. Probation for violation of §22-42-5 or 22-42-5.1--Treatment--Revocation.After receiving a plea of guilty for a violation of §22-42-5 or 22-42-5.1, a court that has jurisdiction of the defendant may, without entering a judgment of guilt, and with the consent of the defendant, defer the imposition of sentence and place the defendant on probation for a period, terms, and conditions as the court deems best. The conditions shall include that the defendant complete a drug and alcohol evaluation and complete any recommended course of treatment. If after one year, the defendant has successfully completed the course of treatment and complied with all conditions of probation, the court shall dismiss the charge under §22-42-5 or 22-42-5.1 upon the defendant pleading guilty to ingestion under §22-42-15 or possession under §22-42-15.1. If the defendant violates any conditions of probation, the court shall revoke the deferred imposition of sentence and impose and execute the sentence. No person who has previously been granted a deferred imposition of sentence is eligible to be granted a second deferred imposition of sentence. A defendant is ineligible for the deferred imposition of sentence under this section if aggravating circumstances exist as defined by §22-6-11. A defendant serving a sentence under the supervision of the executive branch is not eligible for a deferred imposition of sentence. Source: SL 2017, ch 92, §2; SL 2019, ch 116, §1.
SD Codified L § 23A-27A-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-1 - Mitigating and aggravating circumstances considered by judge or jury.

23A-27A-1. Mitigating and aggravating circumstances considered by judge or jury.Pursuant to §§23A-27A-2 to 23A-27A-6, inclusive, in all cases for which the death penalty may be authorized, the judge shall consider, or shall include in instructions to the jury for it to consider, any mitigating circumstances and any of the following aggravating circumstances which may be supported by the evidence:(1)The offense was committed by a person with a prior record of conviction for a Class A or Class B felony, or the offense of murder was committed by a person who has a felony conviction for a crime of violence as defined in subdivision 22-1-2(9);(2)The defendant by the defendant's act knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person;(3)The defendant committed the offense for the benefit of the defendant or another, for the purpose of receiving money or any other thing of monetary value;(4)The defendant committed the offense on a judicial officer, former judicial officer, prosecutor, or former prosecutor while such prosecutor, former prosecutor, judicial officer, or former judicial officer was engaged in the performance of such person's official duties or where a major part of the motivation for the offense came from the official actions of such judicial officer, former judicial officer, prosecutor, or former prosecutor;(5)The defendant caused or directed another to commit murder or committed murder as an agent or employee of another person;(6)The offense was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim. Any murder is wantonly vile, horrible, and inhuman if the victim is less than thirteen years of age;(7)The offense was committed against a law enforcement officer, employee of a corrections institution, or firefighter while engaged in the performance of such person's official duties;(8)The offense was committed by a person in, or who has escaped from, the lawful custody of a law enforcement officer or place of lawful confinement;(9)The offense was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement, of the defendant or another; or(10)The offense was committed in the course of manufacturing, distributing, or dispensing substances listed in Schedules I and II in violation of §22-42-2. Source: SL 1979, ch 160, §7; SL 1981, ch 186, §3; SL 1989, ch 206; SL 1992, ch 173, §2; SL 1994, ch 178, §1; SL 1995, ch 132.
SD Codified L § 23A-27A-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-2 - Presentence hearing required--Relevant evidence.

23A-27A-2. Presentence hearing required--Relevant evidence.In all cases in which the death penalty may be imposed and which are tried by a jury, upon a return of a verdict of guilty by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. Such hearing shall be conducted to hear additional evidence in mitigation and aggravation of punishment. At such hearing the jury shall receive all relevant evidence, including:(1)Evidence supporting any of the aggravating circumstances listed under §23A-27A-1;(2)Testimony regarding the impact of the crime on the victim's family;(3)Any prior criminal or juvenile record of the defendant and such information about the defendant's characteristics, the defendant's financial condition, and the circumstances of the defendant's behavior as may be helpful in imposing sentence;(4)All evidence concerning any mitigating circumstances. Source: SL 1979, ch 160, §5; SL 1994, ch 178, §2.
SD Codified L § 23A-27A-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-3 - Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury.

23A-27A-3. Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury.Upon the conclusion of the evidence, the judge shall give the jury appropriate instructions. After arguments of counsel, the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in §23A-27A-1, exist. The instructions as determined by the trial judge to be warranted by the evidence shall be given in his charge and in writing to the jury for its deliberation. Source: SL 1979, ch 160, §5; SL 1990, ch 175.
SD Codified L § 23A-27A-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-4 - Aggravating circumstance and recommendation of death penalty required for Class A felony death sentencing--Life imprisonment--Bench trial or guilty plea.

23A-27A-4. Aggravating circumstance and recommendation of death penalty required for Class A felony death sentencing--Life imprisonment--Bench trial or guilty plea.If, upon a trial by jury, a person is convicted of a Class A felony, a sentence of death shall not be imposed unless the jury verdict at the presentence hearing includes a finding of at least one aggravating circumstance and a recommendation that such sentence be imposed. If an aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. If a sentence of death is not recommended by the jury, the court shall sentence the defendant to life imprisonment. The provisions of this section shall not affect a sentence when the case is tried without a jury or when a court accepts a plea of guilty. Source: SL 1979, ch 160, §4.
SD Codified L § 23A-27A-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-5 - Written designation of aggravating circumstances required.

23A-27A-5. Written designation of aggravating circumstances required.The jury, if its verdict is a recommendation of death, shall designate in writing, signed by the foreman of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. Upon the findings of the jury, the judge shall fix a sentence of death. Source: SL 1979, ch 160, §5.
SD Codified L § 23A-27A-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-6 - Designation by judge in nonjury cases--At least one aggravating circumstance required for death penalty imposition.

23A-27A-6. Designation by judge in nonjury cases--At least one aggravating circumstance required for death penalty imposition.In nonjury cases the judge shall, after conducting the presentence hearing as provided in §23A-27A-2, designate, in writing, the aggravating circumstance or circumstances, if any, which he found beyond a reasonable doubt. Unless at least one of the statutory aggravating circumstances enumerated in §23A-27A-1 is so found, the death penalty shall not be imposed. Source: SL 1979, ch 160, §6.
SD Codified L § 23A-27A-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-7 - Sentence of death--Copies of judgment provided to officials.

23A-27A-7. Sentence of death--Copies of judgment provided to officials.Upon a verdict or judgment of death made by a jury or a judge, the judge presiding at the trial shall sentence the convicted person to death and make the sentence in writing. The judgment of death shall be filed with the papers in the case against the convicted person and certified copies provided to the Governor, the secretary of corrections, the sheriff of the county where the crime was committed, and the warden. Source: SL 1979, ch 160, §8; SL 2008, ch 117, §1.
SD Codified L § 23A-27A-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-8 - Accumulation of prior capital felony records by Supreme Court--Staff and methods.

23A-27A-8. Accumulation of prior capital felony records by Supreme Court--Staff and methods.The Supreme Court shall accumulate the records of all capital felony cases that the court deems appropriate.The court may employ an appropriate staff and such methods to compile the data as are deemed by the Chief Justice to be appropriate and relevant to the statutory questions concerning the validity of the sentence. Source: SL 1979, ch 160, §13; SL 1982, ch 185.