2023 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 Severity
Administrative/
Financial Obligations Only/
Case Service
Monitoring
Low Risk active probationer (LSI-R)
Moderate Risk active probationer (LSI-R)
High Risk active probationer (LSI-R)
Minor
Failure to file
paperwork/form
on time
Failure to complete
an assignment/
directive
Missing
programming
appointment (1
st
time)
Missing meeting
with officer (1
st
time)
Late to meeting
w/officer (1
st
time)
Failure to meet
financial
obligation (1
st
time)
Dishonesty (1
st
time)
Failure to maintain
satisfactory
performance
at educational/
employment
endeavor (1
st
time)
One 24/7 violation
Violation 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 solving
Moderate
Continuing failure
to file
paperwork/form
Continuing failure
to complete
assign./direct.
Continuing missed
programming appt.
Continuing lateness
to meeting
w/officer
Continuing failure
to meet finance.ob.
Continuing
dishonesty
Failure to report
change in status
(employ;residence;
other)
New arrest/charge B
Misdemeanor
Class 2
Continuing missed
meeting w/officer
New arrest/charge
B Misdemeanor
Class 1
Prohibited space by
statute or court
order
Unsatisfactory
termination from
treatment program
Continuing failure
to maintain
satisfactory
performance at
educational/
employment
endeavor
Contact with
prohibited
associates
Violation of
protection order
Two 24/7 violation
Positive (or
continuing
positive) UA
Positive (or
continuing
positive) PBT
AWOL
$ 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 hours
Serious
Continuing or
ongoing contact
w/prohibited
associates
Continuing or
ongoing
prohibited space
by statute or
court order
Continuing failure
to report change
in status (employ;
residence; other)
Three or more 24/7
violation
Ongoing failure to
file paperwork/
form
Ongoing missed
programming
appt.
Ongoing missed
meeting w/officer
Ongoing lateness to
meeting w/officer
Ongoing failure to
meet finance ob.
Ongoing dishonesty
Ongoing failure to
maintain
satisfactory
performance
at educational/
employment
endeavor
Ongoing positive
UA and similar
Ongoing positive
PBT
Unsatisfactory
termination from
any treatment
program
A 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.