reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 24 - Conduct Of Trial › Section 23A-24-10 - Certified therapeutic dogs--Definitions.

23A-24-10  .  Certified therapeutic dogs--Definitions.
In any criminal proceeding, upon motion of any party as provided in §23A-24-11, the court may enter any order necessary to allow a child witness or a witness having a developmental disability to be accompanied by a certified therapeutic dog during the witness' testimony in the manner provided in §23A-24-12.
Terms used in §§  23A-24-10   to 23A-24-12, inclusive, mean:
(1) "Certified therapeutic dog," a dog that has received the requisite training or certification and is registered with Therapy Dogs Incorporated, Therapy Dogs International, Assistance Dogs International, or an equivalent organization to perform the duties associated with therapy dogs in places such as hospitals, nursing homes, and other facilities where the emotional benefits of therapy dogs are recognized;
(2) "Certified handler," a person who has received training and is registered with Therapy Dogs Incorporated, Therapy Dogs International, Assistance Dogs International, or an equivalent organization for offering the person's animal for assistance purposes and has received additional training on the protocols and policies of courts, the expected roles of the person's animal assistance team, and the expected interaction so as not to interfere with the collection of evidence or the effective administration of justice;
(3) "Child witness," a person who has been or will be called to testify in a criminal proceeding and is under the age of eighteen; and
(4) "Developmental disability," the meaning provided in §  27B-1-18  .
Source:  SL 2020, ch 102, § 1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 24 - Conduct Of Trial › Section 23A-24-11 - Introduction of certified therapeutic dog--Motion--Contents.

23A-24-11  .  Introduction of certified therapeutic dog--Motion--Contents.
Before the introduction of a certified therapeutic dog into the courtroom, the party desiring to utilize the presence of a certified therapeutic dog shall, outside the presence of the jury, file a motion containing the following information:
(1) The credentials of the certified therapeutic dog;
(2) The credentials of the certified handler;
(3) That the certified therapeutic dog is adequately insured;
(4) That a basic relationship has been established between the child witness, or the witness having a developmental disability, and the certified therapeutic dog in anticipation of testimony;
(5) That the certified therapeutic dog is capable of sitting quietly for extended periods of time; and
(6) That the presence of the certified therapeutic dog may reduce anxiety experienced by the child witness or the witness having a developmental disability while testifying in the criminal trial or hearing.
Source:  SL 2020, ch 102, § 2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 24 - Conduct Of Trial › Section 23A-24-12 - Certified handlers--Limitations.

23A-24-12  .  Certified handlers--Limitations.
If the court grants a motion pursuant to §  23A-24-11  , the certified handler may accompany the certified therapeutic dog to the witness stand with the child witness or the witness having a developmental disability and remain with the certified therapeutic dog for the duration of the witness' testimony without interfering with any juror's view of the witness. The certified handler may either sit to the side of the witness stand or behind the witness stand.
Source:  SL 2020, ch 102, § 3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 25 - Jury Instructions And Deliberations › Section 23A-25-2 - Duty to receive law laid down by court.

23A-25-2. Duty to receive law laid down by court.
Although jurors have the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless, to receive as law that which is laid down as such by the court.
Source:
SDC 1939 & Supp 1960, §34.3629; SDCL, §23-44-21; SL 1978, ch 178, §308.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 25 - Jury Instructions And Deliberations › Section 23A-25-3 - Statements of law included in charge--Exclusive judges of fact.

23A-25-3. Statements of law included in charge--Exclusive judges of fact.
In charging jurors, a court must state to them all matters of law which it deems necessary for their information in giving their verdict. It must also inform the jurors that they are the exclusive judges of all questions of fact.
Source:
Supreme Court Rule 404, 1939; SDC 1939 & Supp 1960, §34.3651; SDCL, §23-45-1; SL 1978, ch 178, §309.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 25 - Jury Instructions And Deliberations › Section 23A-25-3.1 - Instruction on presumption of innocence required.

23A-25-3.1. Instruction on presumption of innocence required.
In each criminal case, the judge shall instruct the jury that the defendant is presumed innocent.
Source:
SL 1984, ch 179.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 25 - Jury Instructions And Deliberations › Section 23A-25-3.2 - Jury instructions--Certified therapeutic dogs.

23A-25-3.2  .  Jury instructions--Certified therapeutic dogs.
If a certified therapeutic dog has been utilized during a criminal trial, the judge shall present a jury instruction designed to prevent prejudice for or against any party.
For purposes of this section, the term, certified therapeutic dog, has the meaning provided in §  23A-24-10  .
Source:  SL 2020, ch 102, § 5.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 25 - Jury Instructions And Deliberations › Section 23A-25-4 - Preparation and settlement of instructions--Reading to jury--Comment during argument--Filing and endorsement of requested instructions.

23A-25-4. Preparation and settlement of instructions--Reading to jury--Comment during argument--Filing and endorsement of requested instructions.
All requested instructions shall be prepared and presented by the parties and handled and settled by the court in accordance with the provisions of §15-6-51. Instructions shall be settled out of the presence of the jury at the close of the evidence but prior to final argument. Before final argument the court shall read its instructions to the jury and shall furnish a copy to each of the parties. The instructions may be read to the jury and commented upon by counsel during the argument. They shall be taken by the jury when it retires. All instructions requested by the parties, or given by the court, shall be filed with the clerk and, with the endorsement thereon indicating the action of the court, shall be a part of the record of the case.
Source:
SL 1978, ch 178, §307.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 25 - Jury Instructions And Deliberations › Section 23A-25-5 - Officers sworn to protect privacy of jury--Overnight sequestration or separation--Prevention of communication--Return to court on reaching verdict.

23A-25-5. Officers sworn to protect privacy of jury--Overnight sequestration or separation--Prevention of communication--Return to court on reaching verdict.
Before the jurors retire for deliberation, one or more officers shall be sworn to keep the jurors together in some private and convenient place, with such suitable food and drink as the court shall direct. The court may, in its discretion, either sequester the jurors during the adjournment of court overnight, under supervision of such officers, or allow the jurors to separate overnight during the adjournment of the court without supervision after proper admonishment. While supervising the jurors, the officers may not permit any person (including themselves) to communicate with the jurors or to ask whether the jurors have agreed upon a verdict except by order of court. The officers shall return the jurors into court when the jury has agreed upon a verdict.
Source:
SDC 1939, §34.3652; SL 1955, ch 130; SDCL, §23-43-46; SL 1978, ch 178, §312; SL 2003, ch 135, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 25 - Jury Instructions And Deliberations › Section 23A-25-5.1 - Oath of officers to protect privacy of jury.

23A-25-5.1. Oath of officers to protect privacy of jury.
Before any officer may enter upon duties pursuant to §23A-25-5, the following oath shall be administered to each officer: Do you solemnly swear or affirm that you will take this jury to a private and convenient place, that you will not allow any person, including yourself, to communicate with the jurors except by order of the court, until they have reached a verdict, and that when a verdict has been reached you will return them into the court, so help you God?
Source:
SL 2007, ch 131, §4.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 25 - Jury Instructions And Deliberations › Section 23A-25-6 - Retirement for deliberation--Room provided--Food and lodging during deliberation.

23A-25-6. Retirement for deliberation--Room provided--Food and lodging during deliberation.
After hearing the charge, the jury shall retire for deliberation. A suitable room, equipped for such purpose, must be provided by each county for the use of a jury upon its retirement for deliberation. While a jury is kept together, either during the progress of a trial or after its retirement for deliberation, the jurors must be provided with suitable and sufficient food and lodging by the bailiff upon an order of court, at the expense of the county.
Source:
SDC 1939 & Supp 1960, §34.3653; SDCL, §23-43-47; SL 1978, ch 178, §§311, 313.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 25 - Jury Instructions And Deliberations › Section 23A-25-7 - Evidence and instructions kept by jury during deliberation.

23A-25-7. Evidence and instructions kept by jury during deliberation.
Upon retiring for deliberation, a jury may take all exhibits and all papers which have been received as evidence in the case. Copies may be substituted for original documents when, in the opinion of a court, such documents should not be taken from the person possessing them. A jury must also take the instructions of the court.
Source:
SDC 1939 & Supp 1960, §34.3654; SDCL, §23-45-2; SL 1978, ch 178, §314.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 25 - Jury Instructions And Deliberations › Section 23A-25-8 - Request by jury for further instructions--Notice to and presence of parties.

23A-25-8. Request by jury for further instructions--Notice to and presence of parties.
After jurors have retired for deliberation, if there is a disagreement among them as to any part of the testimony or if they desire to be informed upon a point of law arising in the case, they shall ask the officer having them in charge to convey their written request to the court. Any information allowed by the court must be given in the presence of, or after notice to, the prosecuting attorney and the defendant or his counsel, and must be taken down by the court reporter.
Source:
SDC 1939 & Supp 1960, §34.3655; SDCL, §23-45-3; SL 1978, ch 178, §315.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 25 - Jury Instructions And Deliberations › Section 23A-25-9 - Discharge of jury on disability of member--Exception.

23A-25-9. Discharge of jury on disability of member--Exception.
If, after the retirement of a jury, one of them becomes so sick as to prevent the continuance of his duty, or any other accident or cause occurs to prevent its being kept together for deliberation, it may be discharged, except as provided in §23A-18-2.
Source:
SDC 1939 & Supp 1960, §34.3656; SDCL, §23-43-48; SL 1978, ch 178, §316.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 25 - Jury Instructions And Deliberations › Section 23A-25-10 - Jury not discharged until verdict rendered--Exceptions.

23A-25-10. Jury not discharged until verdict rendered--Exceptions.
Except as provided in §23A-25-9, a jury cannot be discharged after a case is submitted to it until its members have agreed upon their verdict and rendered it in open court, except by the consent of both parties entered on the record, or unless at the expiration of such time as the court deems proper, it satisfactorily appears that there is no reasonable probability that the jurors can agree.
Source:
SDC 1939 & Supp 1960, §34.3657; SDCL, §23-43-49; SL 1978, ch 178, §317.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 25 - Jury Instructions And Deliberations › Section 23A-25-11 - New trial when jury discharged before verdict.

23A-25-11. New trial when jury discharged before verdict.
In all cases where a jury is discharged or prevented from giving a verdict, by reason of an accident or other cause except where the defendant is discharged during the progress of the trial or after the case is submitted to them, the case may be again tried at the same or another term, as the court may direct.
Source:
SDC 1939 & Supp 1960, §34.3658; SDCL, §23-42-9; SL 1978, ch 178, §318.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 25 - Jury Instructions And Deliberations › Section 23A-25-12 - Court open for other business during jury deliberations--Discharge of jury by final adjournment.

23A-25-12. Court open for other business during jury deliberations--Discharge of jury by final adjournment.
While a jury is absent a court may adjourn from time to time to conduct other business, but it is nevertheless deemed open for every purpose connected with a case submitted to a jury until a verdict is rendered or the jury is discharged. Final adjournment of a court discharges the jury.
Source:
SDC 1939 & Supp 1960, §34.3659; SDCL, §23-45-4; SL 1978, ch 178, §319.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 25 - Jury Instructions And Deliberations › Section 23A-25-13 - Guilty but mentally ill verdict--Forms furnished--Instructions.

23A-25-13. Guilty but mentally ill verdict--Forms furnished--Instructions.
If a defense of insanity or mental illness has been presented during a trial, the court shall provide the jury with a special verdict form of "guilty but mentally ill" for each offense. The court shall instruct the jury that a special verdict of "guilty but mentally ill" may be returned instead of a general verdict. The court shall also instruct the jury that the special verdict requires a finding beyond a reasonable doubt by the jury that the defendant committed the offense but that he was mentally ill at the time he committed the offense.
Source:
SL 1983, ch 174, §13; SL 1988, ch 191.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-1 - (Rule 31(a)) Unanimous verdict required--Return in open court.

23A-26-1.(Rule 31(a)) Unanimous verdict required--Return in open court.
A jury verdict shall be unanimous. It shall be returned by the jury to the judge or magistrate in open court. When the jurors appear, they must be asked by the court or the clerk whether they have agreed upon their verdict. If the foreman answers in the affirmative, they must, on being required, declare the same.
Source:
SDC 1939 & Supp 1960, §34.3660; SDCL, §23-45-8; SL 1978, ch 178, §320.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-2 - (Rule 31(b)) Return of verdict as to one of two or more defendants--Retrial of defendants as to whom verdict not reached.

23A-26-2.(Rule 31(b)) Return of verdict as to one of two or more defendants--Retrial of defendants as to whom verdict not reached.
If there are two or more defendants, a jury at any time during its deliberation may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed. If a jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again.
Source:
SDC 1939 & Supp 1960, §34.3670; SDCL, §23-45-24; SL 1978, ch 178, §326.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-3 - General verdict required--Special verdict permitted.

23A-26-3. General verdict required--Special verdict permitted.
Except as provided in this section, jurors shall render a general verdict. Special verdicts are hereby abolished, except the verdicts of "guilty but mentally ill" and "not guilty by reason of insanity."
Source:
Supreme Court Rule 405, 1939; SDC 1939 & Supp 1960, §34.3661; SDCL, §23-45-9; SL 1978, ch 178, §321; SL 1983, ch 174, §14.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-4 - Form of general verdict on not guilty plea.

23A-26-4. Form of general verdict on not guilty plea.
A general verdict on a plea of not guilty is either "guilty" or "not guilty" which imports a conviction or acquittal of the offense charged.
Source:
Supreme Court Rule 406, 1939; SDC 1939 & Supp 1960, §34.3662; SDCL, §23-45-10; SL 1978, ch 178, §322.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-5 - Form of verdict acquitting for insanity.

23A-26-5. Form of verdict acquitting for insanity.
If a defendant is acquitted because he was insane when he committed the offense charged, the verdict shall be "not guilty by reason of insanity."
Source:
Supreme Court Rule 406, 1939; SDC 1939 & Supp 1960, §34.3662; SDCL, §23-45-12; SL 1978, ch 178, §323; SL 1983, ch 174, §15.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-6 - Direction to reconsider improper verdict.

23A-26-6. Direction to reconsider improper verdict.
If a jury renders a verdict which is not a general verdict in accordance with §23A-26-4 or 23A-26-5, a court may, with proper instructions as to the law, direct the jury to reconsider it.
Source:
SDC 1939 & Supp 1960, §34.3667; SDCL, §23-45-18; SL 1978, ch 178, §324.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-7 - Verdict as to degree of crime--Lowest degree found on reasonable doubt.

23A-26-7. Verdict as to degree of crime--Lowest degree found on reasonable doubt.
Whenever a crime is distinguished by degrees, a jury, if it convicts an accused, shall find the degree of the crime of which he is guilty and include that finding in its verdict. When there is a reasonable ground of doubt as to which of two or more degrees an accused is guilty, he can be convicted of only the lowest degree.
Source:
SDC 1939, §13.0104; SDC 1939 & Supp 1960, §§34.3635, 34.3671; SDCL, §§23-44-6, 23-45-22; SL 1978, ch 178, §325.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-8 - (Rule 31(c)) Conviction of included offense or attempt.

23A-26-8.(Rule 31(c)) Conviction of included offense or attempt.
A defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein if such attempt is an offense.
Source:
SDC 1939 & Supp 1960, §34.3669; SDCL, §23-45-23; SL 1978, ch 178, §327.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-9 - Appearance of defendant--When required for verdict.

23A-26-9. Appearance of defendant--When required for verdict.
If an indictment or information is for a felony, the defendant must, before the verdict is received, appear in person. If it is for a misdemeanor, the verdict may, in the discretion of the court, be rendered in his absence. In any case, if a defendant flees the jurisdiction of a court, the verdict may be returned in his absence.
Source:
SDC 1939 & Supp 1960, §34.3660; SDCL, §23-45-7; SL 1978, ch 178, §320.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-10 - (Rule 31(d)) Polling of jury after verdict returned--Further deliberation or discharge if not unanimous.

23A-26-10.(Rule 31(d)) Polling of jury after verdict returned--Further deliberation or discharge if not unanimous.
After a verdict is returned but before it is recorded, the jury shall be polled at the request of any party or upon the court's own motion. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberations or may be discharged.
Source:
SDC 1939 & Supp 1960, §34.3673; SDCL, §23-45-25; SL 1978, ch 178, §328.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-11 - Recording of verdict--Inquiry of jury.

23A-26-11. Recording of verdict--Inquiry of jury.
When a verdict is given which a court may receive, the clerk must promptly record it in full in the minutes, and must read it to the jurors and inquire of them whether it is their verdict. If any juror disagrees, the fact must be entered in the minutes and the jury must again be sent out. If no disagreement is expressed, the verdict is complete and the jury must be discharged from the case.
Source:
SDC 1939 & Supp 1960, §34.3674; SDCL, §23-45-26; SL 1978, ch 178, §329.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-12 - Remand to custody on verdict of guilty or guilty but mentally ill--Commitment hearing on acquittal for insanity.

23A-26-12. Remand to custody on verdict of guilty or guilty but mentally ill--Commitment hearing on acquittal for insanity.
If a verdict of guilty or "guilty but mentally ill" is returned against the defendant, he shall be remanded, if in custody, to the proper officer of the county to await the judgment of the court upon the verdict. When the jury has returned a verdict acquitting the defendant upon the ground of insanity, the court shall order that the defendant be committed to the human services center until such time as he is eligible for release pursuant to §23A-26-12.5.
Source:
SDC 1939 & Supp 1960, §§13.0605, 34.3676; SDCL, §§23-45-21, 23-48-2; SL 1978, ch 178, §330; SL 1983, ch 174, §17; SL 1985, ch 192, §12.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-12.1 - Mental examination and report before hearing.

23A-26-12.1. Mental examination and report before hearing.
Prior to the date of hearing, pursuant to §23A-26-12.2, 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.
Source:
SL 1985, ch 192, §13.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-12.2 - Hearing.

23A-26-12.2. Hearing.
A hearing shall be conducted pursuant to the provisions of §23A-46-3, and shall take place not later than forty days following the special verdict.
Source:
SL 1985, ch 192, §14.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-12.3 - Burden of proof.

23A-26-12.3. Burden of proof.
In a hearing pursuant to §23A-26-12.2, a person found not guilty only by reason of insanity of an offense involving bodily injury to, or serious damage to the property of, another person, or involving a substantial risk of such injury or damage, has the burden of proving by clear and convincing evidence that his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental illness or defect. With respect to any other offense, the person has the burden of such proof by a preponderance of the evidence.
Source:
SL 1985, ch 192, §15.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-12.4 - Commitment--Duration.

23A-26-12.4. Commitment--Duration.
If, after the hearing, the court fails to find by the standard specified in §23A-26-12.3 that the person's release would not create a substantial risk of bodily injury to another person or serious damage to property of another due to a present mental disease or defect, the court shall order that the defendant be committed to the human services center for treatment until the person's mental condition is such that his release, or his conditional release under a prescribed regimen of medical, psychiatric, or 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, §16.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-12.5 - Release--Procedure--Compliance with prescribed regimen as condition.

23A-26-12.5. Release--Procedure--Compliance with prescribed regimen as condition.
When the administrator of the Human Services Center determines that the person has recovered from his mental disease or defect to such an extent that his release, or 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, 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 acquitted person, or, on the 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 he should be released. If, after the hearing, the court finds by the standards specified in §23A-26-12.3 that the person has recovered from his mental disease or defect to such an 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 not 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 administrator of the Human Services Center 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 hearing, employing the same criteria, modify or eliminate the regimen of medical, psychiatric, or psychological care or treatment.
Source:
SL 1985, ch 192, §17.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-12.6 - Failure to comply with regimen--Notice--Arrest--Court determination.

23A-26-12.6. Failure to comply with regimen--Notice--Arrest--Court determination.
The director of a medical facility responsible for administering the regimen imposed on an acquitted person conditionally discharged under §23A-26-12.5 shall notify the prosecuting attorney and the court having jurisdiction over the person of any failure of the person to comply with the regimen. Upon 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 hearing, determine whether the person should be remanded to a suitable facility on the ground that, in light of his failure to comply with the 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, §18.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 26 - (Rule 31) Verdict › Section 23A-26-14 - Guilty but mentally ill verdict--Required findings.

23A-26-14. Guilty but mentally ill verdict--Required findings.
If the defendant raises the defense of "not guilty and not guilty by reason of insanity," he may be found "guilty but mentally ill" if the trier of fact finds all of the following beyond a reasonable doubt:
(1)The defendant is guilty of an offense; and
(2)The defendant was mentally ill when he committed the offense.
Source:
SL 1983, ch 174, §16; SL 1986, ch 25.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-1 - (Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or aggravation of punishment--Presentence hearing for juvenile--Restitution.

23A-27-1.(Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or aggravation of punishment--Presentence hearing for juvenile--Restitution.
Sentences shall be imposed without unreasonable delay, but not within forty-eight hours after determination of guilt. A defendant may waive the forty-eight hour delay. Before imposing a sentence, a court may order a hearing in mitigation or aggravation of punishment. If the defendant is a juvenile convicted as an adult of a Class A or Class B felony, prior to imposing a sentence, the court shall conduct a presentence hearing. At such hearing, the court shall allow the defense counsel an opportunity to speak on behalf of the defendant and shall address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of punishment. The prosecuting attorney shall have an equivalent opportunity to speak to the court. The circumstances must be presented by the testimony of witnesses examined in open court, except that a witness' deposition may be taken by a magistrate in accordance with chapter 23A-12. In imposing a sentence, the court shall enter an order of restitution in accordance with chapter 23A-28.
Source:
Supreme Court Rule 410, 1939; SDC 1939 & Supp 1960, §§34.3701, 34.3703, 34.3704; SL 1966, ch 120; SDCL §§23-48-5, 23-48-11, 23-48-16; SL 1978, ch 178, §332; SL 1985, ch 192, §1; SL 2013, ch 105, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-1.1 - Victim's oral impact statement to court before sentence imposed--Response of defendant--Victim defined.

23A-27-1.1. Victim's oral impact statement to court before sentence imposed--Response of defendant--Victim defined.
If a defendant has been convicted of an A, B, or C felony, upon request to the court by a victim and before imposing sentence on a defendant, the victim has the right to orally address the court concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.
If a defendant has been convicted of any other felony or misdemeanor, upon request to the court by a victim and before imposing sentence on a defendant, the victim, in the discretion of the court, may orally address the court concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.
The defendant shall be permitted to respond to such statements orally or by presentation of evidence and shall be granted a reasonable continuance to refute any inaccurate or false charges or statements.
For the purpose of this section, the term, victim, means the actual victim or the parent, spouse, next of kin, legal or physical custodian, guardian, foster parent, case worker, victim advocate, or mental health counselor of any actual victim who is incompetent by reason of age or physical condition, who is deceased, or whom the court finds otherwise unable to comment.
Source:
Supreme Court Rule 86-21; SL 2004, ch 162, §1; SL 2005, ch 129, §1; SL 2012, ch 133, §1; SL 2013, ch 105, §4.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-1.2 - Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance.

23A-27-1.2. Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance.
If a reduction of a previously imposed sentence requiring time to be served in a state correctional facility is proposed for consideration, the state's attorney in the county where the offense was committed shall notify the victim, at the victim's last known address, of the hearing. Upon request to the court by a victim and before reducing any sentence, the victim, in the discretion of the court, may address the court concerning the emotional, physical, and monetary impact of the crime upon the victim and may comment upon the proposed reduction of the sentence.
The defendant may respond to the victim's statements orally or by presentation of evidence and may be granted a reasonable continuance to refute any inaccurate or false charges or statements.
For the purpose of this section the term "victim" is defined as in §23A-27-1.1.
Source: SL 1987, ch 174; SL 2023, ch 82, §22.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-1.3 - Victim's written impact statement to court before sentence imposed--Response of defendant--Victim defined.

23A-27-1.3. Victim's written impact statement to court before sentence imposed--Response of defendant--Victim defined.
If a defendant has been convicted of an A, B, or C felony, upon request to the court by a victim and before imposing sentence on a defendant, a victim has a right to address the court in writing concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.
If a defendant has been convicted of any other felony or misdemeanor, upon request to the court by a victim and before imposing sentence on a defendant, the victim, in the discretion of the court, may address the court in writing concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.
The defendant shall be permitted to respond to such statements and shall be granted a reasonable continuance to refute any inaccurate or false charges or statements.
For the purpose of this section, the term, victim, means anyone adversely impacted emotionally, physically, or monetarily by the defendant's crime.
Source:
SL 2012, ch 133, §2; SL 2013, ch 105, §5.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-2 - No forfeiture of property unless expressly imposed.

23A-27-2. No forfeiture of property unless expressly imposed.
No conviction of any person for a public offense works any forfeiture of any property except in cases in which a forfeiture is expressly imposed by law.
Source:
SDC 1939, §13.0614; SDCL, §23-48-29; SL 1978, ch 178, §333.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-3 - (Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea.

23A-27-3.(Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea.
After imposing a sentence in a case which has gone to trial on a plea of not guilty, the court shall advise the defendant of his right to appeal and of the right of a person who is unable to pay the cost of an appeal to apply for assignment of counsel under chapter 23A-40. There is no duty on a court to advise a defendant of any right of appeal after sentence is imposed following a plea of guilty or nolo contendere.
Source:
SL 1978, ch 178, §335.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-4 - Contents of judgment--Imprisonment in state correctional facility--Multiple convictions--Discharge--Signature--Filing--Crime qualifier defined.

23A-27-4. Contents of judgment--Imprisonment in state correctional facility--Multiple convictions--Discharge--Signature--Filing--Crime qualifier defined.
In felony and Class 1 misdemeanor cases, the judgment of conviction shall set forth the plea, the verdict or findings, and the adjudication and sentence. If the judgment is for imprisonment in a state correctional facility, the judgment of conviction shall include the defendant's name, the county of conviction, the judge, the prosecuting attorney, the defense attorney, the docket number, the South Dakota Codified Law citation of the crime, any crime qualifier and any habitual offender enhancement, the date of the offense, date of conviction, date of sentence, the sentence term, any suspended time, any jail time credit granted and, in the case of multiple crimes, if the sentences are to be served concurrently or consecutively. In addition, the judgment of conviction involving a sentence to a state correctional facility shall indicate if the state incarceration term is a condition of a suspended imposition or execution of sentence or condition of a term of probation as allowed under §23A-27-18.1. In the case of multiple convictions arising from different transactions, a separate judgment of conviction shall be entered for each conviction. If a defendant is found not guilty or for any other reason is entitled to be discharged, the judgment therefor shall be entered forthwith. Judgments of conviction shall be signed by the judge and filed with the clerk.
The term, crime qualifier, as used in this section means the offenses of accessory to a crime pursuant to §22-3-5; aiding, abetting, or advising in planning or committing a crime pursuant to §22-3-3; an attempt to commit a crime pursuant to §22-4-1; conspiracy to commit an offense pursuant to §22-3-8; or criminal solicitation pursuant to §22-4A-1.
Source: SDC 1939, §34.3709; SL 1943, ch 129; SDCL §23-48-14; SL 1978, ch 178, §336; SL 1984, ch 180, §1; SL 1987, ch 175; SL 2007, ch 150, §1; SL 2023, ch 82, §23.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-4.1 - Relief from judgment--Grounds--Time of motion.

23A-27-4.1. Relief from judgment--Grounds--Time of motion.
Within a reasonable time but not more than one year after final judgment, a court on motion of a defendant or upon its own motion may relieve a defendant from final judgment if required in the interest of justice. If the original trial was by a court without a jury, the court on motion of a defendant or upon its own motion, may vacate the judgment if entered, order a new trial or take additional testimony and direct the entry of a new judgment.
A motion under this section does not affect the finality of a judgment or suspend its operation.
If an appeal is pending, the court may grant a motion under this section only upon remand of the case.
Source:
SL 1987, ch 410 (Supreme Court Rule 86-36).
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-5 - (Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant convicted.

23A-27-5.(Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant convicted.
A presentence investigation may be ordered in the discretion of a court. The court services officer of a court shall make a presentence investigation and report to the court before the imposition of sentence or the granting of probation unless, with the permission of the court, the defendant waives a presentence investigation and report, or the court finds there is in the record information sufficient to enable the meaningful exercise of sentencing discretion, and the court explains this finding on the record.
The report shall not be submitted to a court or its contents disclosed to anyone unless the defendant has pleaded guilty or nolo contendere or has been found guilty, except that a judge may, with the written consent of the defendant, inspect a presentence report at any time.
Source:
SDC 1939, §34.3704 as added by SL 1966, ch 120; SDCL, §§23-48-17, 23-48-18; SL 1977, ch 198, §§7, 8; SL 1978, ch 178, §337; SL 1982, ch 28, §20.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-6 - (Rule 32(c)(2)) Contents of report of presentence investigation.

23A-27-6.(Rule 32(c)(2)) Contents of report of presentence investigation.
The report of a presentence investigation shall contain any prior criminal record of the defendant and such information about his characteristics, his financial condition, and the circumstances affecting his behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant, and such other information as may be required by the court.
Source:
SDC 1939, §34.3704 as added by SL 1966, ch 120; SDCL, §23-48-18; SL 1977, ch 198, §8; SL 1978, ch 178, §338.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-7 - (Rule 32(c)(3)(A)) Parties' access to presentence report before sentence imposed--Material kept from defendant--Comments and other evidence received.

23A-27-7.(Rule 32(c)(3)(A)) Parties' access to presentence report before sentence imposed--Material kept from defendant--Comments and other evidence received.
Before imposing sentence a court shall disclose the report of the presentence investigation to the defendant, the defendant's counsel, if represented by counsel, and the prosecuting attorney, but the court may exclude any recommendation as to sentence, and other material that, in the opinion of the court, contains a diagnostic opinion which might seriously disrupt a program of rehabilitation, sources of information obtained upon a promise of confidentiality, or any other information which, if disclosed, might result in harm, physical or otherwise, to the defendant or other persons. The court shall afford the defendant, the defendant's counsel, or the prosecuting attorney an opportunity to comment thereon and, in the discretion of the court, to introduce testimony or other information relating to any alleged factual inaccuracy contained in the presentence report.
Source:
SL 1978, ch 178, §339; SL 1979, ch 159, §14; SL 1997, ch 142, §1.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-10 - Return of presentence report to court services officer--Filing with board of pardons and paroles, state correctional facility, sheriffs, and jail administrators--Use of information upon written order of judge.

23A-27-10. Return of presentence report to court services officer--Filing with board of pardons and paroles, state correctional facility, sheriffs, and jail administrators--Use of information upon written order of judge.
Immediately following the imposition of sentence or the granting of probation, the defendant or the defendant's counsel and the prosecuting attorney shall return to the court services officer any presentence investigation report made available to the parties. When a person is sentenced to a state correctional facility, the court shall file a copy of the person's presentence report with the Board of Pardons and Paroles and the state correctional facility. Department of Corrections 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, the court shall file a copy of the presentence report 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; SL 2023, ch 82, §24.
2023 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.
2023 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.