reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 46 - Mental Examinations And Hearings › Section 23A-46-8 - Notice that release of hospitalized person would create substantial risk--Stay of release.

23A-46-8. Notice that release of hospitalized person would create substantial risk--Stay of release.
If the director of a facility in which a person is hospitalized certifies that a person whose sentence is about to expire or who has been committed to the custody of the Human Services Center pursuant to §23A-10A-4, or against whom all criminal charges have been dismissed solely for the reasons 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, he shall transmit a certificate to that effect to the clerk of the court which had jurisdiction over the person. The clerk shall send a copy of the certificate to the person's counsel and to the prosecuting attorney. The court shall order a hearing to determine whether 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. A certificate filed under this section shall stay the release of the person pending completion of the procedures contained in §§23A-46-9 to 23A-46-13, inclusive.
Source:
SL 1985, ch 192, §24.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 46 - Mental Examinations And Hearings › Section 23A-46-9 - Mental examination and report--Conduct of hearing.

23A-46-9. Mental examination and report--Conduct of 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. The hearing shall be conducted pursuant to the provisions of §23A-46-3.
Source:
SL 1985, ch 192, §25.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 46 - Mental Examinations And Hearings › Section 23A-46-10 - Commitment--Finding.

23A-46-10. Commitment--Finding.
If, after the hearing, the court finds by clear and convincing evidence that 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 court shall commit the person to the Human Services Center for treatment until the person's mental condition is such that his release or conditional release under a prescribed regimen of medical, psychiatric, psychological care or treatment would not create a substantial risk of bodily injury to another person or serious damage to property of another.
Source:
SL 1985, ch 192, §26.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 46 - Mental Examinations And Hearings › Section 23A-46-11 - Recovery--Release procedure--Compliance with prescribed regimen as condition.

23A-46-11. Recovery--Release procedure--Compliance with prescribed regimen as condition.
When the director of the facility in which a person is hospitalized pursuant to §23A-46-10 determines that the person has recovered from his mental disease or defect to such an extent that his release would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, 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 the person's counsel and to the prosecuting attorney. The court shall order the discharge of the person, or on motion of the prosecuting attorney or on its own motion, shall hold a hearing, conducted pursuant to the provisions of §23A-46-3, to determine whether or not he should be released. If, after the hearing, the court finds by a preponderance of the evidence that the person has recovered from his mental disease or defect to the extent that:
(1)His release would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall order that he be immediately discharged; or
(2)His conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall:
(a)Order that he be conditionally discharged under a prescribed regimen of medical, psychiatric, or psychological care or treatment that has been prepared for him, that has been certified to the court as appropriate by the director of the facility in which he is committed and that has been found by the court to be appropriate; and
(b)Order, as an explicit condition of release, that he comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment. The court at any time may, after a hearing employing the same criteria, modify or eliminate the regimen of medical, psychiatric, or psychological care or treatment.
Source:
SL 1985, ch 192, §27.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 48 - Probation Supervision, Response To Violation Of Conditions, And Discharge › Section 23A-48-19 - Criteria for awarding earned discharge credits.

23A-48-19. Criteria for awarding earned discharge credits.
A probationer shall be awarded earned discharge credits while on supervised probation as follows:
(1)For each full calendar month of compliance with the terms of supervised probation an earned discharge credit of 30 days shall be awarded to a probationer. Each earned discharge credit shall reduce the term of supervised probation by 30 days. No earned discharge credit may be awarded for a partial month or the last two full months of supervised probation. No earned discharge credit may be awarded for any month, or portion of a month, during which the probationer is incarcerated.
(2)A probationer shall not receive an earned discharge credit for any month(s) during which a probation violation is pending before the court. If the court does not sustain the probation violation, the court may enter a written order awarding earned discharge credits to the probationer for the months the probation violation was pending before the court. Absent such an order the probationer shall not be entitled to any earned discharge credit for such period of time.
(3)Earned discharge credits shall not be awarded to a probationer for any month(s) in which a probationer is absconded. Additionally, a probationer shall not be awarded earned discharge credit for any month in which the probationer was sanctioned for conduct that disqualifies the probationer from receiving earned discharge credits as provided by the graduated response grid.
(4)A South Dakota probationer placed on supervised probation who is supervised in another state under the Interstate Compact for Adult Offender Supervision is eligible for earned discharge credits pursuant to §§23A-48-15 to 23A-48-22, inclusive.
(5)Earned discharge credits shall be applied to the probation term within fifteen days after the end of the month in which any credit was earned. A probationer who is eligible for earned discharge credits shall be notified of their probation discharge date on a semi-annual basis.
Source: SL 2014, ch 257 (Supreme Court Rule 13-15, §5), eff. Jan. 1, 2014; SL 2015, ch 275 (Supreme Court Rule 15-13), eff. July 1, 2015; Supreme Court Rule 24-02, eff. Feb. 20, 2024.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 48 - Probation Supervision, Response To Violation Of Conditions, And Discharge › Section 23A-48-20 - Reports to chief court services officer.

23A-48-20. Reports to chief court services officer.
Within ten days following the end of the month, a supervising court services officer shall report to the chief court services officer for the judicial circuit the name of any probationer eligible for an award of earned discharge credit and whether an earned discharge credit was awarded for the previous month.
Source:
SL 2014, ch 257 (Supreme Court Rule 13-15, §6), eff. Jan. 1, 2014.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 48 - Probation Supervision, Response To Violation Of Conditions, And Discharge › Section 23A-48-21 - Review of denial of earned discharge credit.

23A-48-21. Review of denial of earned discharge credit.
A probationer who objects to a supervising court services officer's determination that the probationer is ineligible for the award of earned discharge credit may seek review of that decision with the chief court services officer for the judicial circuit. Review of the denial of earned discharge credit may be made by filing a notice of review with the chief court services officer within 10 days from receiving notice of the denial. 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 will be assigned by the director of trial court services. The decision made by the chief court services officer concerning the award of earned discharge credits is final.
Source:
SL 2014, ch 257 (Supreme Court Rule 13-15, §7), eff. Jan. 1, 2014.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 48 - Probation Supervision, Response To Violation Of Conditions, And Discharge › Section 23A-48-22 - Irrevocability of discharge credits--Sentencing court authority to modify probation.

23A-48-22. Irrevocability of discharge credits--Sentencing court authority to modify probation.
Earned discharge credits are not revocable once awarded. However, nothing in §§23A-48-15 to 23A-48-22, inclusive, limits the sentencing court's authority to modify the terms and conditions of probation.
Source:
SL 2014, ch 257 (Supreme Court Rule 13-15, §8), eff. Jan. 1, 2014.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-1 - Real property subject to forfeiture for crime listed in chapter 34-20B or 22-24A.

23A-49-1. Real property subject to forfeiture for crime listed in chapter 34-20B or 22-24A.
All real property, including any right, title, and interest in the whole of any platted lot or tract of land which is measured in three hundred twenty acre increments, or all of any smaller amount and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit or to facilitate the commission of a violation of any crime listed in chapter 34-20B or 22-24A, is subject to forfeiture under this section. Forfeiture under this chapter of real property encumbered by a bona fide security interest is subject to the interest of the secured party unless the secured party had actual knowledge of the act upon which the forfeiture is based. Notice of forfeiture proceedings shall be given each owner or secured party whose right, title, or interest is of record, at the time of the seizure, with the secretary of state or the register of deeds in the county where the real property is located. A person claiming a security interest bears the burden of establishing that interest by a preponderance of the evidence. No real property may be forfeited under the provisions of this chapter by reason of any act committed by a person other than an owner of the property unless that owner had actual knowledge that the real property was used or intended for use in any of the manners set forth in the chapters listed in §23A-49-20.
Source:
SL 2016, ch 138, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-2 - Conveyance used in common carrier business not subject to forfeiture--Exception.

23A-49-2. Conveyance used in common carrier business not subject to forfeiture--Exception.
Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance used by any person as a common carrier in the transaction of business as a common carrier may be forfeited under the provisions of this chapter, unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to a violation of any crime in the chapters listed in §23A-49-20.
Source:
SL 2016, ch 138, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-3 - Stolen and leased conveyances not subject to forfeiture--Exception.

23A-49-3. Stolen and leased conveyances not subject to forfeiture--Exception.
Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act or omission established by the owner of the conveyance to have been committed or omitted by any person other than the owner while the conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of any state, or while the conveyance was rented or leased from a motor vehicle dealer or a leasing or rental agency and the dealer or agency had no knowledge that the conveyance was being used or intended for use, to transport or in any manner facilitate the commission of any crime in the chapters listed in §23A-49-20.
Source:
SL 2016, ch 138, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-4 - Conveyance not subject to forfeiture for acts or omissions of nonowner--Exception.

23A-49-4. Conveyance not subject to forfeiture for acts or omissions of nonowner--Exception.
Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act committed or omitted by a person other than an owner of the conveyance unless the owner knew or in the exercise of ordinary care should have known that the conveyance was being used or was intended for use to facilitate the commission of any crime in the chapters listed in §23A-49-20.
Source:
SL 2016, ch 138, §4.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-5 - Item not subject to forfeiture for act or omission without owner's knowledge or consent.

23A-49-5. Item not subject to forfeiture for act or omission without owner's knowledge or consent.
To the extent of the interest of an owner, a thing of value is not subject to forfeiture under this chapter by reason of any act or omission that is established by the owner of the item to have been committed or omitted without the owner's knowledge or consent.
Source:
SL 2016, ch 138, §5.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-6 - Victim protected against forfeiture by victim immunity.

23A-49-6. Victim protected against forfeiture by victim immunity.
Any victim of a crime as described in the provisions of §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, and 43-43B-1 to 43-43B-3, inclusive, is protected against loss of property through forfeiture by victim immunity as described in §22-48-2.
Source:
SL 2016, ch 138, §6.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-7 - Seizure of property by court process.

23A-49-7. Seizure of property by court process.
Any property subject to forfeiture under this chapter may be seized by any law enforcement officer or designated agent of the Division of Criminal Investigation upon process issued by any court having jurisdiction over the property.
Source:
SL 2016, ch 138, §7.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-8 - Seizure of property without court process.

23A-49-8. Seizure of property without court process.
The seizure of any property subject to forfeiture under this chapter may be made without process issued under §23A-49-7 if:
(1)The seizure is incident to an arrest or a search under a search warrant or to an inspection under an administrative inspection warrant;
(2)The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter;
(3)The law enforcement officer or agent has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4)The law enforcement officer or agent has probable cause to believe that the property has been used or intended to be used in violation of crimes in the chapters listed in §23A-49-20.
Source:
SL 2016, ch 138, §8.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-9 - Time for instituting proceedings.

23A-49-9. Time for instituting proceedings.
If a seizure pursuant to §23A-49-7 or subdivisions 23A-49-8(1), (3), or (4) occurs, the attorney general shall institute, within sixty days of the seizure, the proceedings pursuant to §23A-49-14 or 23A-49-15.
Source:
SL 2016, ch 138, §9.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-10 - Seized property subject only to order of court or official.

23A-49-10. Seized property subject only to order of court or official.
No property taken or detained pursuant to this chapter is replevinable or subject to an action in claim and delivery. However, the property is deemed to be in the custody of the attorney general, subject only to the orders and decrees of the court or the official having jurisdiction over the property.
Source:
SL 2016, ch 138, §10.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-11 - Attorney general action with respect to seized property.

23A-49-11. Attorney general action with respect to seized property.
If property is seized under the provisions of this chapter, the attorney general may:
(1)Place the property under seal;
(2)Remove the property to a place designated by the attorney general; or
(3)Take custody of the property and remove it to an appropriate location for disposition in accordance with law.
Source:
SL 2016, ch 138, §11.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-12 - Property subject to security interest--Action by attorney general.

23A-49-12. Property subject to security interest--Action by attorney general.
Any property, as described in subdivisions 34-20B-70(4), (6), and (7) or 22-24A-15(4), (6), and (7), or §23A-49-1, that is subject to a bona fide perfected security interest at the time of seizure of the personal property, at the time the offense was committed, and is forfeited under the provisions of §§23A-49-7 to 23A-49-19, inclusive, shall be taken by the attorney general subject to the security interest. The attorney general shall, within sixty days of the forfeiture of the property:
(1)Return the property to the possession of the secured party;
(2)Satisfy fully all indebtedness to the secured party secured by the property; or
(3)Return the property to the possession of the secured party and require the secured party to sell the property within sixty days of receipt of the property from the attorney general at public or private sale and retain all proceeds necessary to satisfy fully all indebtedness of the secured party secured by the property together with all reasonable costs of the sale and remit to the attorney general all excess proceeds within thirty days of the sale.
If the secured party knew or should have known, that the property was being used or intended for use to facilitate in the commission of a crime, the provisions of this section do not apply to the property.
Source:
SL 2016, ch 138, §12.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-13 - Civil action--Standard of proof.

23A-49-13. Civil action--Standard of proof.
Any forfeiture proceeding is a civil action against the property seized and the standard of proof shall be preponderance of the evidence.
Source:
SL 2016, ch 138, §13.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-14 - Procedure in forfeiture proceedings involving property other than real property or conveyances.

23A-49-14. Procedure in forfeiture proceedings involving property other than real property or conveyances.
If property described in subdivisions 34-20B-70(2), (3), (5), (6), and (7) or 22-24A-15(2), (3), (5), (6), and (7) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court for the county in which the property was seized or is being held. The proceedings shall be brought in the name of the state. The complaint shall describe the property, and state the property's location, the property's present custodian, the name of each owner if known, the name of each party in interest if known or of legal record, and allege the essential elements of the violation that is claimed to exist. The complaint shall conclude with a prayer to enforce the forfeiture. Notice of a forfeiture proceeding shall be given to each known owner and known party in interest by serving a copy of the summons and complaint in accordance with §23A-49-15. The procedure governing the proceedings, except as provided in this section, shall be the same as that prescribed for civil proceedings by chapter 15-6.
Source:
SL 2016, ch 138, §14.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-15 - Procedure in forfeiture proceedings involving real property or conveyances.

23A-49-15. Procedure in forfeiture proceedings involving real property or conveyances.
If property described in §23A-49-1 or subdivision 34-20B-70(4) or 22-24A-15(4) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court of the county in which the property was seized or is being held. The proceedings shall be brought in the name of the state. The complaint shall describe the property, and state the property's location, the property's present custodian, the name of each owner if known, the name of each party in interest if known or of legal record, and allege the essential elements of the violation that is claimed to exist. The complaint shall conclude with a prayer to enforce the forfeiture. The procedure governing the proceedings, except as provided by this section, shall be the same as that prescribed for civil proceedings by chapter 15-6. Notice of forfeiture proceedings shall be given to each owner and party in interest whose right, title, or interest is of record as provided in §23A-49-1 or to the Department of Revenue or the Division of Aeronautics or a similar department of another state if the records are maintained in that state by serving a copy of the summons and complaint upon each known owner and known party in interest in accordance with title 15.
Source:
SL 2016, ch 138, §15.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-16 - Service of process by mail where person released on bail.

23A-49-16. Service of process by mail where person released on bail.
If a person as described in §§23A-49-14 and 23A-49-15 is released on bail as provided by chapter 23A-43, a summons and complaint for forfeiture of the property may be served by mailing the summons and complaint by certified mail, no return receipt required, to the address left by the person upon release from confinement.
Source:
SL 2016, ch 138, §16.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-17 - Answer by party in interest.

23A-49-17. Answer by party in interest.
Within thirty days after the service of the notice pursuant to §23A-49-14 or 23A-49-15, the owner of the seized property and any other party in interest or claimant may file a verified answer to the claims described in the complaint instituting the forfeiture proceedings.
Source:
SL 2016, ch 138, §17.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-18 - Disposition of property by court where no appearance made.

23A-49-18. Disposition of property by court where no appearance made.
If at the end of thirty days after the notice has been served there is no verified answer on file and no claimant has appeared to defend the complaint, the court shall order the disposition of the seized property as requested in the complaint.
Source:
SL 2016, ch 138, §18.