SD Codified L § 23A-48-A (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 48 - Probation Supervision, Response to Violation of Conditions, and Discharge|Section 23A-48-A - Graduated Response Grid

APPENDIX TO CHAPTER 23A-48 Appendix A. Graduated Response Grid South Dakota's Application of Supervisory Responses (ASR): Responding to the Public Safety Improvement Act Violation SeverityAdministrative/Financial Obligations Only/Case ServiceMonitoringLow Risk active probationer (LSI-R)Moderate Risk active probationer (LSI-R)High Risk active probationer (LSI-R)MinorFailure to file paperwork/form on timeFailure to complete an assignment/ directiveMissing programming appointment (1st time)Missing meeting with officer (1st time)Late to meeting w/officer (1st time)Failure to meet financial obligation (1st time)Dishonesty (1st time)Failure to maintain satisfactory performance at educational/ employment endeavor (1st time)One 24/7 violationViolation of social decorum$ Verbal consequence$ Letter to client$ Volunteer opportunity (service; 1 time)$ Written assignment for client (brief)$ Discretion of CSO; appropriate per violation$ Verbal consequence$ Letter to client$ Volunteer opportunity (service; 1 time)$ Written assignment for client (brief)$ Discretion of CSO; appropriate per violation$ Verbal consequence$ Letter to client$ Volunteer opportunity (service; 1 time)$ Written assignment for client (brief)$ Discretion of CSO; appropriate per violation$ Verbal consequence$ Letter to client$ Volunteer opportunity (service; 1 time)$ Written assignment for client (brief)$ Discretion of CSO; appropriate per violation$ Extra (scheduled) meeting with officer for problem solvingModerateContinuing failure to file paperwork/formContinuing failure to complete assign./direct.Continuing missed programming appt.Continuing lateness to meeting w/officerContinuing failure to meet finance.ob.Continuing dishonestyFailure to report change in status (employ;residence; other)New arrest/charge B Misdemeanor Class 2Continuing missed meeting w/officerNew arrest/charge B Misdemeanor Class 1Prohibited space by statute or court orderUnsatisfactory termination from treatment programContinuing failure to maintain satisfactory performance at educational/ employment endeavorContact with prohibited associatesViolation of protection orderTwo 24/7 violationPositive (or continuing positive) UAPositive (or continuing positive) PBTAWOL$ Verbal consequence$ Letter to client$ Volunteer opportunity (service)$ Written assignment$ Discretion of CSO; appropriate per violation$ Verbal consequence$ Letter to client$ Volunteer opportunity (service)$ Written assignment$ Discretion of CSO; appropriate per violation$ Treatment referral$ Short-term jail stay B up to 48 hours$ Verbal consequence$ Letter to client$ Volunteer opportunity (service)$ Written assignment$ Discretion of CSO; appropriate per violation$ Treatment referral$ Increase meeting requirement$ Develop planner/scheduler/workbook$ Court observations$ Increase UA and similar$ Residential/out-of-home placement$ House arrest/Electronic monitoring$ Short-term jail stay B up to 48 hours$ Verbal consequence$ Letter to client$ Volunteer opportunity (service)$ Written assignment$ Discretion of CSO; appropriate per violation$ Treatment referral$ Increase meeting requirement$ Develop planner/scheduler/workbook$ Court observations$ Increase UA and similar$ Residential/out-of-home placement$ House arrest/Electronic monitoring$ Short-term jail stay B up to 48 hoursSeriousContinuing or ongoing contact w/prohibited associatesContinuing or ongoing prohibited space by statute or court orderContinuing failure to report change in status (employ; residence; other)Three or more 24/7 violationOngoing failure to file paperwork/ formOngoing missed programming appt.Ongoing missed meeting w/officerOngoing lateness to meeting w/officerOngoing failure to meet finance ob.Ongoing dishonestyOngoing failure to maintain satisfactory performance at educational/ employment endeavorOngoing positive UA and similarOngoing positive PBTUnsatisfactory termination from any treatment programA significant event related to original/instant offense*New arrest/charge B Felony*Absconding*Continuing or ongoing AWOL*Continuing violation of protection order $ Verbal consequence$ Letter to client$ Volunteer opportunity (service)$ Written assignment (thinking report)$ Increase/ institute meeting requirement$ Increase in supervision level/risk level$ Discretion of CSO; appropriate per violation$ Formal violation order to show cause issued$ Verbal consequence$ Letter to client$ Volunteer opportunity (service)$ Written assignment (thinking report)$ Increase meeting requirement$ Treatment referral$ Increase UA and similar$ Increase in supervision level/risk level$ House arrest/Electronic monitoring$ Discretion of CSO; appropriate per violation$ Short-term jail stay B up to 48 hours$ Verbal consequence$ Letter to client$ Volunteer opportunity (service)$ Written assignment (thinking report)$ Increase meeting requirement$ Treatment referral$ Increase UA and similar$ House arrest/Electronic monitoring$ Develop planner/scheduler/workbook$ Residential/out-of-home placement (incl.tx)$ Discretion of CSO; appropriate per violation$ Short-term jail stay B up to 48 hours$ Verbal consequence$ Letter to client$ Volunteer opportunity (service)$ Written assignment (thinking report)$ Increase meeting requirement$ Treatment referral$ Increase UA and similar$ House arrest/Electronic monitoring$ Develop planner/scheduler/workbook$ Residential/ out-of-home placement (incl.tx)$ Discretion of CSO; appropriate per violation$ Short-term jail stay B up to 48 hours  Italics = discharge credit is not earned, if applicable to the case. Once discharge credit has not been granted to the offender for a month, it may not be earned back.Violations that are not Italicized assume earned discharge credit can still be earned by the offender, if applicable to the case.*Indicates the officer is required to submit a violation of probation report. In all other cells of the grid, the officer has the discretion to submit a probation violation report as appropriate in response to behavior. Source: SL 2014, ch 258 (Supreme Court Rule 13-15, §8), eff. Jan. 1, 2014.