reglab/housing_qa huggingface dataset:
SD Codified L § 23A-27-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-8 - (Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence report--Comments received.

23A-27-8.(Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence report--Comments received.If a court is of the view that there is information in a presentence report which should not be disclosed under §23A-27-7, the court in lieu of making the report or part thereof available shall state orally or in writing a summary of the factual information contained therein to be relied on in determining sentence, and shall give the defendant, his counsel, or the prosecuting attorney an opportunity to comment thereon. The statement may be made to the parties in chambers. Source: SL 1978, ch 178, §340.
SD Codified L § 23A-27-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-9 - (Rule 32(c)(3)(C)) Disclosures from presentence report same for both parties.

23A-27-9.(Rule 32(c)(3)(C)) Disclosures from presentence report same for both parties.Any material disclosed to a defendant or his counsel shall also be disclosed to the prosecuting attorney. Any material disclosed to the prosecuting attorney shall also be disclosed to the defendant or his counsel. Source: SL 1978, ch 178, §341; SL 1979, ch 159, §15.
SD Codified L § 23A-27-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-10 - (Rule 32(c)(3)(D)) Return of presentence report to court services officer--Filing with board of pardons and paroles, penitentiary sheriffs and jail administrators--Use of information upon written order of judge.

23A-27-10.(Rule 32(c)(3)(D)) Return of presentence report to court services officer--Filing with board of pardons and paroles, penitentiary sheriffs and jail administrators--Use of information upon written order of judge.Any presentence investigation report made available to a defendant or the defendant's counsel and the prosecuting attorney shall be returned to the court services officer immediately following the imposition of sentence or the granting of probation. When a person is sentenced to the penitentiary, a copy of the person's presentence report shall be filed with the Board of Pardons and Paroles and the penitentiary. Penitentiary officials and the Board of Pardons and Paroles may utilize information contained in the report, including any pre-plea report being used as the presentence investigation report, for the development of a rehabilitation program for the individual. If a person is sentenced to jail on felony charges, a copy of the presentence report shall be filed with the sheriff or administrator of the jail. Jail officials may utilize information contained in the report, including any pre-plea report being used as the presentence investigation report for the safety and protection of the inmate, rehabilitation programs for the inmate, and assignments to various programs offered by the jail. However, the contents of the reports may not be disclosed to the individual without a written order from the sentencing judge or the sentencing judge's successor. Source: SL 1978, ch 178, §342; SL 1987, ch 176; SL 1995, ch 133.
SD Codified L § 23A-27-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-11 - (Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere.

23A-27-11.(Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere.A motion to withdraw a plea of guilty or nolo contendere may be made only before sentence is imposed or imposition of sentence is suspended; but to correct manifest injustice a court after sentence may set aside a judgment of conviction and permit the defendant to withdraw his plea. Source: Supreme Court Rule 391, 1939; SDC 1939 & Supp 1960, §34.3522; SDCL, §23-35-22; SL 1978, ch 178, §343.
SD Codified L § 23A-27-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-12 - (Rule 32(e)) Placement on probation--Exception.

23A-27-12.(Rule 32(e)) Placement on probation--Exception.After conviction of an offense not punishable by death or life imprisonment, a defendant may be placed on probation. No person who has been previously convicted for a crime of violence as defined in subdivision §22-1-2(9) may be placed on probation if his second or subsequent felony conviction is for a crime of violence as defined in subdivision §22-1-2(9). Source: SDC 1939, §13.5201; SDCL, §23-57-1; SL 1978, ch 178, §344; SL 1979, ch 159, §16; SL 1987, ch 177, §1.
SD Codified L § 23A-27-12.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-12.1 - Supervision of probationers--Performance of special conditions--Payment of costs.

23A-27-12.1. Supervision of probationers--Performance of special conditions--Payment of costs.Upon receipt of an order that a defendant has been placed on probation to the court service department, the chief court services officer shall immediately assign the defendant to a court services officer for probation supervision.All such probationers shall cooperate fully with the court services officer and comply with all directives thereby issued in their regard. If the sentencing judge has provided special conditions, including limited areas of residence or community access, required participation in treatment, enhanced reporting requirements, and use of electronic monitoring or global positioning units, for either a probationer or one released on a suspended sentence, then such person shall comply with such special conditions, and the court services officer is hereby charged with the responsibility for effecting compliance with such conditions.Whenever the sentencing judge assesses probation costs as a condition of probation, the costs shall be paid to the clerk of the court who shall forward such costs on a monthly basis to the county treasurer for deposit in the county general fund. Source: SDC 1939, §13.5304 as added by SL 1955, ch 31, §2; SL 1964, ch 33, §6; SDCL, §23-57-10; SL 1977, ch 198, §10; SL 1981, ch 187; SL 2006, ch 123, §12.
SD Codified L § 23A-27-12.2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-12.2 - Order suspending imposition of misdemeanor sentence and placing defendant on probation--Eligibility--Revocation of suspension.

23A-27-12.2. Order suspending imposition of misdemeanor sentence and placing defendant on probation--Eligibility--Revocation of suspension.Upon receiving a verdict or plea of guilty for a misdemeanor, a court having jurisdiction of the defendant, if satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may, without entering a judgment of guilt, and with the consent of the defendant, suspend the imposition of sentence and place the defendant on probation for such period and upon such terms and conditions as the court may deem best. No person who has previously been granted, whether in this state or any other, a suspended imposition of sentence for a misdemeanor, is eligible to be granted a second suspended imposition of sentence for a misdemeanor. A court may revoke such suspension at any time during the probationary period and impose and execute sentence without diminishment or credit for any of the probationary period. Source: SL 2016, ch 136, §2.
SD Codified L § 23A-27-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-13 - Order suspending imposition of felony sentence and placing defendant on probation--Eligibility--Revocation of suspension.

23A-27-13. Order suspending imposition of felony sentence and placing defendant on probation--Eligibility--Revocation of suspension.Upon receiving a verdict or plea of guilty for a felony not punishable by death or life imprisonment by a person never before convicted of a crime which at the time of conviction thereof would constitute a felony in this state, a court having jurisdiction of the defendant, if satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may, without entering a judgment of guilt, and with the consent of the defendant, suspend the imposition of sentence and place the defendant on probation for such period and upon such terms and conditions as the court may deem best. No person who has previously been granted, whether in this state or any other, a suspended imposition of sentence for a felony, is eligible to be granted a second suspended imposition of sentence for a felony. A court may revoke such suspension at any time during the probationary period and impose and execute sentence without diminishment or credit for any of the probationary period. Source: SL 1953, ch 202; SL 1957, ch 181; SDC Supp 1960, §34.3708-2; SL 1961, ch 186; SDCL §23-57-4; SL 1972, ch 149; SL 1976, ch 158, §43-3; SL 1977, ch 197; SL 1978, ch 178, §345; SL 1979, ch 159, §16A; SL 2010, ch 128, §1; SL 2016, ch 136, §1.
SD Codified L § 23A-27-13.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-13.1 - Copy of suspension order forwarded to criminal investigation division.

23A-27-13.1. Copy of suspension order forwarded to criminal investigation division.Within fifteen days of the filing of a written order suspending imposition of sentence pursuant to §23A-27-13 the court shall forward a nonpublic record of the sentence to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6 which shall be retained until discharged pursuant to §23A-27-14. Source: SL 1983, ch 186.
SD Codified L § 23A-27-13.2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-13.2 - Probationary supervision by court terminated upon imposition of sentence requiring supervision by executive branch.

23A-27-13.2. Probationary supervision by court terminated upon imposition of sentence requiring supervision by executive branch.If a defendant is serving a probationary sentence under the supervision of the Unified Judicial System and the same or any other sentencing court imposes a sentence on the defendant requiring supervision by the executive branch, other than as provided under §23A-27-18.1 or 23A-27-18.2, the probationary supervision by the Unified Judicial System is immediately terminated. The court that previously imposed the probationary sentence retains jurisdiction over the defendant to impose a sentence to the Department of Corrections, or any other lawful sentence. Source: SL 2018, ch 144, §1, eff. Mar. 9, 2018.
SD Codified L § 23A-27-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-14 - Discharge and dismissal of probationer on completion of conditions--No judgment entered--Limitation.

23A-27-14. Discharge and dismissal of probationer on completion of conditions--No judgment entered--Limitation.Upon completion of the observance of all conditions imposed pursuant to §23A-27-12.2 or 23A-27-13, the court services officer assigned to the defendant's case or the defendant shall bring the matter to the attention of the court, whereupon the defendant shall be discharged by the court. A formal entry of the discharge shall be entered by the clerk of courts. Discharge and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this section may occur only once with respect to any person for a suspended imposition of sentence under §23A-27-13 and only once with respect to any person for a suspended imposition of sentence under §23A-27-12.2. Source: SL 1953, ch 202; SL 1957, ch 181; SDC Supp 1960, §34.3708-2; SL 1961, ch 186; SDCL, §23-57-4; SL 1972, ch 149; SL 1976, ch 158, §43-3; SL 1977, ch 197; SL 1978, ch 178, §345; SL 1979, ch 159, §17; SL 1982, ch 28, §20; SL 2020, ch 98, § 1.
SD Codified L § 23A-27-14.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-14.1 - Revocation or refusal of certificate of teacher, administrator, or other educational professional.

23A-27-14.1. Revocation or refusal of certificate of teacher, administrator, or other educational professional.Notwithstanding §§23A-27-14 and 23A-27-17, any person who has received an order pursuant to §23A-27-13 who is licensed or seeks to be licensed pursuant to chapter 13-42 may have the person's application refused or license revoked as provided in chapters 13-42 and 13-43. Source: SL 1984, ch 123, §2; SL 2002, ch 109, §12; SL 2015, ch 98, §28.
SD Codified L § 23A-27-14.2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-14.2 - Revocation or refusal of gaming or racing license--Conditional license.

23A-27-14.2. Revocation or refusal of gaming or racing license--Conditional license.Notwithstanding §§23A-27-14 and 23A-27-17, a person who has received an order pursuant to the provisions of §23A-27-13 for a felony offense, who is licensed or seeks to be licensed by the South Dakota Commission on Gaming pursuant to the provisions of §42-7B-22 or subdivision 42-7-56(12), shall have an application refused or a license revoked after a hearing as provided pursuant to chapter 1-26 unless the person has successfully completed the probationary period imposed by the court. However, the commission may grant a conditional license during the probationary period imposed by the court if the applicant or licensee proves by clear and convincing evidence to the satisfaction of the commission that the person is suitable to hold the license. Source: SL 2000, ch 114, §1; SL 2015, ch 220, §4.
SD Codified L § 23A-27-15 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-15 - Suspension of sentence as conviction for purposes of habitual offender law.

23A-27-15. Suspension of sentence as conviction for purposes of habitual offender law.For the sole purposes of consideration of the sentence of a defendant for subsequent offenses or the determination of whether the defendant is an habitual offender under chapter 22-7, the fact of suspension of imposition of sentence under §23A-27-13, whether or not discharge and dismissal have occurred, shall be considered a prior conviction. Source: SDCL, §23-57-4; SL 1977, ch 197; SL 1978, ch 178, §345.
SD Codified L § 23A-27-16 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-16 - Report to criminal investigation division of discharge and dismissal of probationer--Limited purpose of record.

23A-27-16. Report to criminal investigation division of discharge and dismissal of probationer--Limited purpose of record.Any discharge and dismissal under §23A-27-14 shall be reported to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6. The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation which shall be retained solely for use by law enforcement agencies, prosecuting attorneys, and courts in sentencing such person for subsequent offenses and in determining whether or not, in subsequent proceedings, a person qualifies for suspension under §23A-27-13 or chapter 22-7. Source: SDCL, §23-57-4; SL 1976, ch 158, §43-3; SL 1977, ch 197; SL 1978, ch 178, §345.
SD Codified L § 23A-27-17 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-17 - Sealing of records on discharge of probationer--Effect of order--Future statements by defendant as to conviction.

23A-27-17. Sealing of records on discharge of probationer--Effect of order--Future statements by defendant as to conviction.Upon the discharge and dismissal of a person pursuant to §23A-27-14, a court shall order that all official records, other than the nonpublic records to be retained by the Division of Criminal Investigation, be sealed along with all records relating to the person's arrest, indictment or information, trial, finding of guilt, and dismissal and discharge. The effect of such order is to restore such person, in the contemplation of the law, to the status he occupied before his arrest or indictment or information. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or of giving a false statement by reason of his failure to recite or acknowledge such arrest, indictment or information, or trial in response to any inquiry made of him for any purpose. Source: SL 1975, ch 257, §2; SDCL Supp, §23-57-4.1; SL 1976, ch 158, §43-4; SL 1978, ch 178, §346.
SD Codified L § 23A-27-18 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-18 - Suspension of execution of sentence--Conditions.

23A-27-18. Suspension of execution of sentence--Conditions.Upon conviction, the sentencing court may suspend the execution of any sentence imposed during good behavior, subject to such conditions or restitutions as the court may impose. The suspension order or judgment can be made only by the court in which the conviction occurred. A defendant given a suspended execution of sentence shall remain under the jurisdiction of the court. A penitentiary sentence may be imposed as a condition of a suspended execution of sentence as authorized in §23A-27-18.1. Source: SDC 1939, §34.3708; SL 1939, ch 132; SL 1943, ch 128; SDCL §23-57-5; SL 1978, ch 178, §347; SL 1987, ch 177, §2; SL 2010, ch 129, §2.
SD Codified L § 23A-27-18.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-18.1 - Imprisonment as condition of probation or suspension of sentence--Credit for time.

23A-27-18.1. Imprisonment as condition of probation or suspension of sentence--Credit for time.The conditions of probation imposed pursuant to §23A-27-12 or 23A-27-13 or the conditions of suspension of execution imposed pursuant to §23A-27-18, may include the requirement that the defendant be imprisoned in the county jail for no more than one hundred eighty days, except as otherwise specified in this section, or in the state penitentiary for no more than one hundred eighty days or the sentence which was imposed or which may be imposed by law, whichever is less. However, for persons sentenced pursuant to §32-23-4.6, the conditions of probation imposed pursuant to §23A-27-12 or 23A-27-13 or the conditions of suspension of execution imposed pursuant to §23A-27-18, may include the requirement that the defendant be imprisoned in the county jail for a specific period not exceeding three hundred sixty-five days. The imprisonment may be further restricted to certain days specified by the court as part of such conditions. The required period of imprisonment for a county jail or state penitentiary term should not exceed sixty consecutive days to ensure the court retains authority to impose additional days of imprisonment, if necessary, during the term of supervision pursuant to §16-22-13. The court retains jurisdiction to raise or lower the required period of imprisonment within the sentence otherwise allowed by law. Any such imprisonment, either in the county jail or state penitentiary, shall be credited toward any incarceration imposed upon any subsequent revocation of a suspended imposition or execution of sentence. During any such imprisonment the defendant shall be subject to all policies, rules, and regulations of the county jail or state penitentiary. Source: SL 1979, ch 159, §18; SL 1983, ch 185; SL 1984, ch 180, §2; SL 1999, ch 122, §1; SL 2013, ch 101, §66.
SD Codified L § 23A-27-18.2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-18.2 - Supervision of person sentenced to county jail or state penitentiary as condition of suspension.

23A-27-18.2. Supervision of person sentenced to county jail or state penitentiary as condition of suspension.A person who is sentenced to a county jail as a condition of suspended imposition of sentence, suspended sentence, or suspended execution of sentence, is under the supervision of the court services officer assigned by the court having jurisdiction of the person. A person sentenced to the state penitentiary as a condition of suspended imposition of sentence or suspended execution of sentence is under the supervision of the court services officer assigned by the court having jurisdiction of the person upon that person's release from the state penitentiary after completion of the penitentiary term imposed pursuant to §23A-27-18.1. Source: SL 1979, ch 159, §20; SL 1982, ch 28, §20; SL 2010, ch 129, §4.
SD Codified L § 23A-27-18.3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-18.3 - Conditions required on probation or suspension of sentence.

23A-27-18.3. Conditions required on probation or suspension of sentence.The conditions of probation imposed pursuant to §23A-27-12 or 23A-27-13 or the conditions of a suspension of execution imposed pursuant to §23A-27-18 shall provide in addition to any other conditions, as an explicit condition of probation, suspended imposition of sentence, or suspended execution of sentence that the defendant not commit another federal, state, or local crime during the term of probation or suspension.The conditions of probation imposed pursuant to §23A-27-12 or 23A-27-13 or the conditions of a suspension of execution imposed pursuant to §23A-27-18 may provide in addition to any other conditions, as an explicit condition of probation, suspended imposition of sentence, or suspended execution of sentence that the defendant:(1)Pay a fine or perform community service work as directed by the court; or(2)Receive treatment for chemical dependency at any South Dakota treatment facility accredited pursuant to §34-20A-27 and reimburse the county for costs of treatment ordered by the court; or(3)Make restitution pursuant to the provisions of chapter 23A-28. Source: SL 1985, ch 192, §4; SL 1987, ch 178.
SD Codified L § 23A-27-18.4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27 - Sentence And Judgment|Section 23A-27-18.4 - Suspension of penitentiary sentence--Conditions--Supervision.

23A-27-18.4. Suspension of penitentiary sentence--Conditions--Supervision.Upon conviction, the sentencing court may suspend any portion of a penitentiary sentence subject to conditions or restrictions as the court may impose. The suspension order or judgment can be made only in the court in which the conviction occurred. A defendant with a partially suspended penitentiary sentence is under the supervision of the Department of Corrections and the Board of Pardons and Paroles. The board is charged with the responsibility for enforcing the conditions imposed by the sentencing judge, and the board retains jurisdiction to revoke the suspended portion of the sentence for violation of the terms of parole or the terms of the suspension.A defendant with an entirely suspended penitentiary sentence is under the supervision of the sentencing court unless the entirely suspended penitentiary sentence is concurrent or consecutive to an additional penitentiary sentence in which case, the defendant is under the supervision of the Board of Pardons and Paroles. Source: SL 2010, ch 129, §3.