reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21 - Electronic Document Management System--Official Court Record › Section 16-21-6 - Confidential information.

16-21-6. Confidential information.
The confidentiality of an electronic record, or an electronic copy thereof, is the same for the equivalent paper record. Access to confidential information, regardless of form, shall only be to the extent provided by law. The EDMS shall place a visible mark identifying confidential or sealed information and restrict access accordingly.
Source:
SL 2012, ch 255, §6 (Supreme Court Rule 12-01), eff. Feb. 21, 2012.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21 - Electronic Document Management System--Official Court Record › Section 16-21-7 - Certification and authentication of court record.

16-21-7. Certification and authentication of court record.
A court document may be certified as an official copy only if the original document is on file with the court. In addition to manually certifying documents with a handwritten signature, any custodian of a court document may also use an electronic signature and seal to certify or authenticate documents that are in electronic format. A raised seal on the copy from the issuing court shall not be required.
Source:
SL 2012, ch 255, §7 (Supreme Court Rule 12-01), eff. Feb. 21, 2012.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21 - Electronic Document Management System--Official Court Record › Section 16-21-8 - Public access.

16-21-8. Public access.
Public access to the electronic documents filed in the EDMS shall be available at no charge at the clerk's office during regular business hours through a public access terminal or any other reasonable means to provide access to publicly available portions of an electronic record. Fees for copies of electronic documents shall be as provided by law.
Source:
SL 2012, ch 255, §8 (Supreme Court Rule 12-01), eff. Feb. 21, 2012.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21 - Electronic Document Management System--Official Court Record › Section 16-21-9 - Electronic transmission.

16-21-9. Electronic transmission.
To the extent reasonably practicable, a clerk shall distribute through electronic means all communications, including orders, judgments, notices and any other communications to attorneys and self-represented litigants in any pending proceeding.
Source:
SL 2012, ch 255, §9 (Supreme Court Rule 12-01), eff. Feb. 21, 2012.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21A - Circuit Court Electronic Filing Rules › Section 16-21A-1 - Definitions.

16-21A-1. Definitions.
(1) "Registered user" means an attorney or party registered with the South Dakota Odyssey7 electronic filing system.
(2) "Electronic filing system" means the Odyssey7 file and serve system maintained by the South Dakota Unified Judicial System.
(3) "Confidential" means any records not accessible to the public as provided by §15-15A-7. A document marked as "confidential" means that the document will not be accessible to the public but will be accessible to court personnel and attorneys or parties in the case as permitted by applicable law or court order.
(4) "Sealed" means any record where access is restricted by order of the court. A document marked "sealed" will not be accessible to the public but will be accessible to court personnel and attorneys or parties in the case as permitted by applicable law or court order.
(5) "Electronic Signature" means an electronic symbol or process attached to or logically associated with a document executed or adopted by a user with the intent to sign a document.
Source:
SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21A - Circuit Court Electronic Filing Rules › Section 16-21A-3 - Filing formats.

16-21A-3.Filing formats.
Approved formats for documents filed electronically are WordPerfect (.wpd), Word (.doc or .docx), Tagged Image File (.tif) and text searchable Portable Document File (. pdf).
Source:
SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21A - Circuit Court Electronic Filing Rules › Section 16-21A-4 - Time of filing.

16-21A-4.Time of filing.
(1) A document in compliance with the rules and submitted electronically to the court clerk of court by 11:59 p. m. central standard time or daylight savings time as applicable shall be considered filed on that date.
(2) After reviewing an electronically filed document, the clerk of court must inform the filer, through an e-mail generated by the Odyssey7 system, whether the document has been accepted or rejected. A document may be rejected (a) if it is filed in the wrong county; (b) applicable filing fees are not paid or waived; (c) the document is incomplete or contains missing information; (d) or fails to comply with applicable statutory requirements or these rules.
(3) Any applicable fees associated with the filing must be paid at the time the document is filed. A request for the waiver of fees must accompany the filing of the document. If the request to waive such fees is denied the party must submit any applicable fee within seven days.
Source:
SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21A - Circuit Court Electronic Filing Rules › Section 16-21A-5 - Confidentiality--Sealed documents.

16-21A-5. Confidentiality--Sealed documents.
(1) A party electronically filing a document that is not accessible to the public in whole or in part is responsible for redaction or designating the document as confidential or sealed before transmitting it to the court. For any redacted document a sealed version of the original unredacted document should also be filed electronically.
(2) In documents prepared for filing with the court, information that would otherwise be included in the document but required by §15-15A-9 not to be disclosed in court documents must be separately filed on a Confidential Information Form and may be included in those documents only by reference.
(3) It is the responsibility of the parties to seek advance approval from the court for submitting a document as sealed or confidential if that document is not already declared confidential or sealed by existing law, court rules or order. The title of a sealed or confidential document will appear on any electronic register of actions for the case.
Source:
SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21A - Circuit Court Electronic Filing Rules › Section 16-21A-6 - Retention.

16-21A-6. Retention.
A registered attorney electronically filing or serving a document, or any person filing a petition for mental illness commitment, is deemed to represent that the document so filed or served is a true and correct copy of the original. The original, if in hardcopy form, shall be maintained by the filing attorney or person filing a mental illness commitment for 120 days after the date of electronic filing or service, whichever is later. Self-represented litigants electronically filing or serving a document shall maintain the original document in hardcopy form for two years after the date of electronic filing and service, whichever is later. Both attorneys and self-represented litigants shall make the original document available upon request of the court, the signatories, or other parties during the required retention period. In the event of a failure to comply with this provision the court may make such orders in regard to the failure as are appropriate under the circumstances including, but not limited to, the following: order that the electronic document be considered the original document for all purposes; prohibit the party from introducing designated matters in evidence as a result of the failure to comply; strike any relevant pleadings or parts thereof; stay further proceedings until the order is obeyed; dismiss the action or proceeding or any part thereof; order the party to pay reasonable expenses, including attorney's fees, caused by the failure as the court may determine appropriate. In lieu of any of the foregoing, or in addition thereto, the court may treat such failure as a contempt of court.
Source:
SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21A - Circuit Court Electronic Filing Rules › Section 16-21A-7 - Electronic service.

16-21A-7. Electronic service.
(1) A party who files a document electronically must serve the document by electronic means if the recipient consents to accept documents served electronically. All documents filed electronically must be served electronically through the Odyssey7 system except for documents served on or by self-represented litigants. On a showing of good cause, an attorney may be granted leave of court to serve paper documents or to be exempt from receiving electronic service.
(2) Electronic service is not effective if the party making service learns that the attempted service did not reach the person to be served.
(3) After July 1, 2014, any party not exempt from electronic filing must designate an e-mail address for accepting electronic service and for receiving electronic service through the electronic filing system.
(4) The court may electronically file and serve on registered attorneys and parties any judgments, orders, notices or other documents prepared by the court in such cases provided the attorney or party to be served has designated an e-mail address for receiving electronic service.
Source:
SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21A - Circuit Court Electronic Filing Rules › Section 16-21A-8 - Original documents.

16-21A-8. Original documents.
An original document submitted for filing in paper form may be scanned by the clerk of court and destroyed after thirty days. A party may request the return of any original document filed with the clerk of court by submitting a document request return form with the document when it is delivered for filing along with a self-addressed stamped envelope. See Appendix "Document Return Request Form."
Source:
SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21A - Circuit Court Electronic Filing Rules › Section 16-21A-9 - Technical issues--Relief.

16-21A-9. Technical issues--Relief.
On a showing of good cause, the court may grant appropriate relief if electronic filing or electronic service was not completed due to technical problems.
Source:
SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21A - Circuit Court Electronic Filing Rules › Section 16-21A-10 - Scope.

16-21A-10. Scope.
Unless specifically provided otherwise in this rule or inconsistent with its provisions, the Rules of Civil and Criminal Procedure shall govern electronic filings.
Source:
SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21A - Circuit Court Electronic Filing Rules › Appendix A - Appendix

APPENDIX TO CHAPTER 16-21A
DOCUMENT RETURN REQUEST FORM
STATE OF SOUTH DAKOTA,   )   In Circuit Court
)
County of ___________________   )   _______________ Judicial Circuit
A. B.,     )
Plaintiff   )
vs.     )   DOCUMENT RETURN
C. D.,     )   REQUEST
Defendant   )
I am requesting that the following document(s) submitted for scanning or as a trial exhibit in the above-named case be returned:
List documents to be returned
_____ I request that the document(s) be returned by mail and have enclosed a self-addressed stamped envelope.
_____ I will pick up the document(s) on __________.
Dated ____________________
Signed: ____________________ Party or Party's Attorney of Record
Address: ____________________
RETURN RECEIPT
Received document(s) this ____ day of __________, __________.
Signed: ____________________
Source:
SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-2 - Drug court advisory council.

16-22-2. Drug court advisory council.
The Chief Justice shall establish an advisory council to address the operational, coordination, resource, information management, and evaluation needs of the drug courts.
Source:
SL 2013, ch 101, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-3 - Drug court defined.

16-22-3. Drug court defined.
For the purposes of this chapter, a drug court is a court supervised alternative to incarceration and includes drug, driving under influence, and other specialty court dockets aimed at increasing offender accountability and decreasing recidivism.
Source:
SL 2013, ch 101, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-5 - Promulgation of drug court rules.

16-22-5. Promulgation of drug court rules.
The Supreme Court shall establish rules pursuant to §16-3-1 for the eligibility criteria for participation in a drug court. No offender participating in a drug court is entitled to earned discharge on probation pursuant to §16-22-17.
Source:
SL 2013, ch 101, §5.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-5.1 - Key components for drug courts.

16-22-5.1. Key components for drug courts.
South Dakota drug courts shall adhere to the following ten key components in order to maintain the fidelity and preserve the structural integrity of such programs:
Key Component 1: Drug courts integrate alcohol and other drug treatment services with justice system case processing.
Key Component 2: Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights.
Key Component 3: Eligible participants are identified early and promptly placed in the drug court program.
Key Component 4: Drug courts provide access to a continuum of alcohol and other drug related treatment and rehabilitation services.
Key Component 5: Abstinence is monitored by frequent alcohol and other drug testing.
Key Component 6: A coordinated strategy governs drug court responses to participants' compliance.
Key Component 7: Ongoing judicial interaction with each drug court participant is essential.
Key Component 8: Monitoring and evaluation measure the achievement of program goals and gauge effectiveness.
Key component 9: Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations.
Key Component 10: Forging partnerships among drug courts, public agencies, and community-based organizations generates local support and enhances drug court effectiveness.
Source:
SL 2014, ch 255 (Supreme Court Rule 13-13, §2), eff. Jan. 1, 2014.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-5.2 - Standards and guidelines in accordance with key components.

16-22-5.2. Standards and guidelines in accordance with key components.
The State Court Administrator's Office, in consultation with the Statewide Drug Court Advisory Board, shall implement statewide standards and guidelines in accordance with the ten key components to ensure the effectiveness and maintain the fidelity of the drug courts.
Source:
SL 2014, ch 255 (Supreme Court Rule 13-13, §3), eff. Jan. 1, 2014.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-5.3 - Standards in accordance with best practices publication.

16-22-5.3. Standards in accordance with best practices publication.
The State Court Administrator's Office, in consultation with the Statewide Drug Court Advisory Board, shall implement statewide standards in accordance with "Adult Drug Court Best Practice Standards," published by the National Association of Drug Court Professionals.
Source:
SL 2014, ch 255 (Supreme Court Rule 13-13, §4), eff. Jan. 1, 2014.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-6 - Admissibility of drug court participant's statements and reports in legal proceedings.

16-22-6. Admissibility of drug court participant's statements and reports in legal proceedings.
Nothing contained in this section may be construed to permit a judge to impose, modify, or reduce a sentence below the minimum sentence required by law. No statement made by a drug court participant in connection with the court's program or directives, nor any report made by the staff of the court or program connected to the court, regarding a participant's use of controlled substances is admissible as evidence against the participant in any legal proceeding or prosecution. However, if the participant violates the conditions or is terminated from drug court, the reasons for the violation or termination may be considered in sanctioning, sentencing, or otherwise disposing of the participant's case.
Source:
SL 2013, ch 101, §6.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-6.1 - Drug court sanctions.

16-22-6.1. Drug court sanctions.
For any person admitted to a drug court, as defined in §16-22-3, a sanction may include the imposition of jail time and this sanction may be imposed irrespective of §23A-27-18.1. However, any jail term shall be credited toward any incarceration imposed upon a subsequent revocation of a suspended execution of sentence. The Supreme Court shall promulgate rules, pursuant to chapter 16-3, defining the best practices for drug court sanctions.
Source:
SL 2015, ch 119, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-7 - Semiannual drug court performance report.

16-22-7. Semiannual drug court performance report.
The Unified Judicial System shall semiannually report performance measures on drug courts to the oversight council.
Source:
SL 2013, ch 101, §7.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-8 - HOPE probation programs.

16-22-8. HOPE probation programs.
The Supreme Court is authorized to establish South Dakota HOPE probation programs in any court that has jurisdiction over criminal cases.
Source:
SL 2013, ch 101, §9, eff. Jan. 1, 2014; SL 2016, ch 113, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-8.1 - Assignment of magistrate judge to preside over HOPE probation program.

16-22-8.1. Assignment of magistrate judge to preside over HOPE probation program.
Any magistrate court with a magistrate judge presiding may, upon assignment of the presiding judge of the circuit, act in lieu of a circuit court judge having jurisdiction to administer and preside over a HOPE probation program established under §16-22-8.
Source:
SL 2018, ch 127, §1, eff. Feb. 28, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-9 - Promulgation of HOPE probation program rules.

16-22-9. Promulgation of HOPE probation program rules.
The Supreme Court shall establish rules pursuant to §16-3-1 for the programs consistent with the following components, modeled after the national HOPE court initiative:
(1)Involvement and commitment of criminal justice officials including judges, state's attorneys, defense attorneys, law enforcement, court services officers, and treatment providers;
(2)Eligibility criteria focused on offenders with a high risk to reoffend, without consideration of the current offense;
(3)Judicial involvement in setting and communicating to the probationer program expectations and consequences for noncompliance;
(4)Frequent, effective, and randomized drug and or alcohol testing;
(5)Swift, certain, and proportional sanctions for noncompliance with program conditions;
(6)Swift and certain warrant service for absconding; and
(7)Compilation, evaluation, and publicly reported program results.
Source:
SL 2013, ch 101, §10, eff. Jan. 1, 2014; SL 2016, ch 113, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-10 - Evaluation of program impact on public safety.

16-22-10. Evaluation of program impact on public safety.
Each program shall be evaluated for the impact on public safety outcomes. The Unified Judicial System shall report performance measures for the programs semiannually to the oversight council.
Source:
SL 2013, ch 101, §11, eff. Jan. 1, 2014; SL 2016, ch 113, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-11 - Promulgation of rules governing evidence-based felony probation supervision practices.

16-22-11. Promulgation of rules governing evidence-based felony probation supervision practices.
The Supreme Court shall establish rules pursuant to §16-3-1 governing evidence-based felony probation supervision practices, including a validated risk and needs assessment, and targeting the probationer's criminal risk factors with suitable supervision and intervention, focusing resources on moderate-risk and high-risk offenders.
Source:
SL 2013, ch 101, §14, eff. Oct. 1, 2013.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-12 - Report of probation practices and training implementation.

16-22-12. Report of probation practices and training implementation.
The Unified Judicial System shall monitor and report semiannually to the oversight council the extent to which practices of probation supervision, as adopted in rule by the Supreme Court, as well as training requirements prescribed in §§16-22-15 and 16-14-4 are implemented.
Source:
SL 2013, ch 101, §15, eff. Oct. 1, 2013.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-13 - Promulgation of rules regarding graduated sanctions program.

16-22-13. Promulgation of rules regarding graduated sanctions program.
The Supreme Court shall establish rules pursuant to §16-3-1 to develop a graduated sanctions procedure and grid to guide court services officers in determining the appropriate response to a violation of conditions of probation. The graduated sanctions program shall use short jail stays as the most severe sanction within the grid, shall collect data related to the use of sanctions and their outcomes, and shall include a process for reviewing sanctions that are challenged by the probationer. The rules shall vest statewide oversight of graduated sanctions procedure, use, and data collection with the State Court Administrator's Office.
The system of graduated sanctions shall be created with the following objectives:
(1)Responding to violations of probation quickly, consistently and proportionally, based on the nature of the violation and the risk level of the probationer;
(2)Reducing the time and resources expended by the court to respond to violations; and
(3)Reducing the commission of new crimes and revocation rates.
Source:
SL 2013, ch 101, §16, eff. Oct. 1, 2013.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-14 - Report of graduated sanctions.

16-22-14. Report of graduated sanctions.
The State Court Administrator's Office shall report semiannually to the oversight council the number and percentage of probationers who received a graduated sanction.
Source:
SL 2013, ch 101, §17, eff. Oct. 1, 2013.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-15 - Evidence-based practices training.

16-22-15. Evidence-based practices training.
Any person who exercises supervision over a probationer pursuant to §23A-27-12.1 or provides intervention services to any probationer shall receive sufficient training on evidence-based practices, how to target criminal risk factors to reduce recidivism, recognizing the signs and symptoms of mental health problems, and defusing mental health crises.
Source:
SL 2013, ch 101, §18, eff. Oct. 1, 2013; SL 2017, ch 109, §29.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-16 - Case history--Transfer to Department of Corrections.

16-22-16. Case history--Transfer to Department of Corrections.
If a probationer is sentenced to a term of imprisonment in a state correctional facility, the Unified Judicial System shall transfer the case history of the probationer including the results of a risk and needs assessment conducted on the probationer to the Department of Corrections.
Source: SL 2013, ch 101, §19, eff. Oct. 1, 2013; SL 2023, ch 82, §6.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-17 - Promulgation of rules regarding earned discharge credits.

16-22-17. Promulgation of rules regarding earned discharge credits.
The Supreme Court shall establish rules pursuant to §16-3-1 for the criteria and procedure for earning and awarding earned credits for discharge from probation.
Source:
SL 2013, ch 101, §22.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-18 - Award of earned discharge credits.

16-22-18. Award of earned discharge credits.
The State Court Administrator's Office shall oversee the award of earned discharge credits of at least fifteen days for each month a probationer is in compliance with the terms and conditions of supervision.
Source:
SL 2013, ch 101, §23.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-19 - Eligibility for earned discharge.

16-22-19. Eligibility for earned discharge.
Each offender placed on felony probation for a term of at least six months, except an offender placed on probation for a conviction of a sex offense as defined in §22-24B-1, or a violation of sex offender registry requirements, or a violation of community safety zone requirements and who will serve time in the community under probation supervision, is eligible for earned discharge and completion of sentence under §16-22-18.
Source:
SL 2013, ch 101, §24.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-20 - Report of earned discharge credits.

16-22-20. Report of earned discharge credits.
The State Court Administrator's Office shall provide semiannually to the oversight council the number and percent of probationers who qualify for earned discharge credits and the average amount of credits earned by offenders.
Source:
SL 2013, ch 101, §25.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-21 - Oversight council responsible for monitoring and reporting performance and outcome measures.

16-22-21. Oversight council responsible for monitoring and reporting performance and outcome measures.
There is hereby established an oversight council responsible for monitoring and reporting performance and outcome measures related to the provisions set forth in this chapter. The Unified Judicial System shall provide staff support for the council.
Source:
SL 2013, ch 101, §67.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-22 - Membership of oversight council.

16-22-22. Membership of oversight council.
The oversight council shall be composed of thirteen members. The Governor shall appoint four members, including one member from the Board of Pardons and Paroles, one member from the Department of Corrections, one member from the Department of Social Services, and one additional member who shall serve as chair. The Chief Justice shall appoint four members, one of whom shall be a defense attorney. The majority leader of the Senate shall appoint two legislative members of the Senate, one from each political party. The majority leader of the House of Representatives shall appoint two legislative members of the House of Representatives, one from each political party. The Attorney General shall appoint one member.
Source:
SL 2013, ch 101, §68.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-23 - Meetings of oversight council--Termination--Powers and duties.

16-22-23. Meetings of oversight council--Termination--Powers and duties.
The oversight council shall meet within ninety days after appointment and shall meet at least semiannually thereafter. The oversight council terminates five years after its first meeting, unless the Legislature, by joint resolution, continues the oversight council for a specified period of time.
The oversight council has the following powers and duties:
(1)Review the recommendations of the criminal justice initiative work group in the final report dated November 2012, and track implementation and evaluate compliance with this chapter;
(2)Review performance and outcome measures proposed by the Department of Corrections, Unified Judicial System, and Department of Social Services;
(3)Review performance and outcome measure reports submitted semiannually by the Department of Corrections and Unified Judicial System pursuant to §§1-54-9, 16-22-7, 16-22-10, 16-22-12, 16-22-14, 16-22-20, 16-22-24, 23A-47-8, 24-15A-47, 24-15A-49, and 24-15A-53 and evaluate the impact of §23A-4-3;
(4)Review of behavioral health intervention outcomes delivered to probationers and parolees administered by Department of Social Services pursuant to §16-22-24;
(5)Review the payments of the reinvestment fund to counties, pursuant to §1-15-36, the number of probationers above the trend line, and the rate of felony convictions to prison and probation by each county;
(6)Review the number and length of stay of offenders admitted to the Department of Corrections, particularly in the categories included in this chapter;
(7)Review the activities of §§23A-27-18.1, 32-23-4.1, 32-23-4.6, and 32-23-4.9, including:
(a)The number of offenders supervised and the number of violations of the conditions pursuant to §32-23-4.9; and
(b)The number and percent of offenders in §23A-27-18.1 imprisoned in the county jail for more than one hundred eighty days; and
(8)Prepare and submit an annual summary report of the performance and outcome measures that are part of this chapter to the Legislature, Governor, and Chief Justice. The report should include recommendations for improvements and a summary of savings generated from this chapter.
Source:
SL 2013, ch 101, §69.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-24 - Treatment and intervention programs.

16-22-24. Treatment and intervention programs.
Treatment and intervention programs, as used in this section, mean substance abuse, mental health, or cognitive based treatment received by probationers or parolees.
All treatment and intervention programs for parolees and probationers shall be intended to reduce recidivism as demonstrated by research or documented evidence.
Payment for substance abuse or mental health treatment services may be made only if the services are recommended through an assessment conducted by a provider accredited by the Department of Social Services. Payment for cognitive based treatment services may be made only if the services are recommended through a risk and needs assessment tool used by the Department of Corrections or the Unified Judicial System.
The Department of Social Services shall collect data related to the participation, completion and treatment outcomes of all probationers and parolees receiving treatment services paid for by the Department of Social Services. The Department of Social Services shall report this information semiannually to the oversight council.
The Department of Corrections shall collect data on the recidivism outcomes of parolees receiving treatment and interventions. The Department of Corrections shall report this information semiannually to the oversight council.
The Unified Judicial System shall collect data on the recidivism outcomes of probationers receiving treatment and interventions, the number and the percentage of probationers referred for mental health assessment, the number and the percentage of probationers referred for mental health treatment, and the annual cost of probationer mental health assessments and treatment both in total and separated by funding source. The Unified Judicial System shall report this information semiannually to the oversight body established pursuant to §16-22-21.
Source:
SL 2013, ch 101, §70; SL 2017, ch 109, §32.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-25 - Grant program for adult community residential services to reduce risk of recidivism.

16-22-25. Grant program for adult community residential services to reduce risk of recidivism.
There is hereby established the alternative care program to be administered by the Unified Judicial System. The Unified Judicial System shall award grants to nonprofit entities within the State of South Dakota that provide indigent adults with extended residential alternative care programs designed to reduce the risk of recidivism. The grants shall be awarded for room and board costs for South Dakota residents of the program with a maximum award of thirty dollars per day per resident. Any grant award shall be distributed in quarterly installments.
Source:
SL 2015, ch 120, §1, eff. Mar. 19, 2015.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-26 - Request for proposals.

16-22-26. Request for proposals.
The Unified Judicial System shall initiate a request for proposal and publicize the availability of the grant funding and any procedures for obtaining grants pursuant to §16-22-25.
Source:
SL 2015, ch 120, §2, eff. Mar. 19, 2015.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-27 - Report by grant recipient.

16-22-27. Report by grant recipient.
The recipient of any such grant shall prepare a report containing information on the results and outcomes for program participants including: completion rates, termination rates, graduation rates, and recidivism data. The report shall be submitted to the Legislature no later than November 15, 2016.
Source:
SL 2015, ch 120, §3, eff. Mar. 19, 2015.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-28 - Probation and parole policies for sanctioning positive urinalysis test for controlled substance.

16-22-28. Probation and parole policies for sanctioning positive urinalysis test for controlled substance.
The Unified Judicial System, for probation, and the Department of Corrections, for parole, shall each revise the respective agency's policies for probation and parole requiring a minimum sanction of some period of incarceration for a urinalysis test that is positive for a controlled substance. The sanction shall be imposed for the initial positive test. The policies may exempt a residual positive urinalysis. Any drug court or other specialty court which has an approved sanctioning grid is exempt from the provisions of this section.
Source:
SL 2017, ch 92, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-29 - Compliant discharge from probation or parole upon completion of treatment--Conditions.

16-22-29. Compliant discharge from probation or parole upon completion of treatment--Conditions.
A parolee or probationer who is eligible for earned discharge credits and serving a sentence or sentences exclusively subject to presumptive probation pursuant to §22-6-11, regardless of date of offense, shall be discharged from probation or parole supervision upon completion of all treatment programs required as a condition of the person's probation or parole provided the parolee or probationer has been on supervision for a minimum of twelve full continuous calendar months and in the twelve full continuous calendar months the parolee or probationer:
(1)Has not been under or received a sanction for violation of conditions of supervision;
(2)Has not absconded from supervision;
(3)Has not been placed in jail or prison;
(4)Has not had a probation or parole violation report submitted and does not have a pending probation or parole violation report or pending criminal offense; and
(5)Has complied with all conditions of the person's supervision including completion of any treatment program required as a condition of probation or parole.
A parolee or probationer serving an eligible South Dakota sentence in another state under the Interstate Compact for Adult Offender Supervision who meets the criteria in this section is entitled to discharge in the same manner as a parolee or probationer supervised in South Dakota. Each drug court participant who meets the criteria in this section is entitled to discharge in the same manner as a parolee or probationer if the participant has successfully completed the drug court program.
Within thirty days following a probationer or parolee meeting the criteria for discharge under this section, the supervising court services officer or parole agent shall submit a notice of compliant discharge.
The notice of compliant discharge for a parolee shall be submitted to the secretary of the Department of Corrections. If the secretary finds the parolee met the criteria for compliant discharge, the secretary shall within fifteen days of receipt of the notice from the parole agent issue a certificate of discharge pursuant to §24-15A-7.
The notice of compliant discharge for a probationer shall be submitted to the sentencing court. If the court finds that the probationer has met the criteria for compliant discharge, the court shall enter an order discharging the probationer from probation.
A parolee or probationer who meets the criteria for a compliant discharge but, prior to the issuance of the certificate of discharge, receives a formal sanction, absconds, is placed in jail or prison, violates supervision conditions resulting in the submission of a parole or probation violation report, or who fails to comply with supervision conditions shall be removed from the compliant discharge process. The offender shall be retained on supervision or in custody.
Source:
SL 2017, ch 92, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-30 - Report to oversight council on probation and parole infractions.

16-22-30. Report to oversight council on probation and parole infractions.
The Unified Judicial System and the Department of Corrections shall annually submit a report to the oversight council which includes aggregate statistics on the number of probation or parole infractions and the sanction for each. The report shall also include a summary of the incentives given to probationers or parolees under supervision.
Source:
SL 2017, ch 92, §5.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 22 - Public Safety Improvement Programs › Section 16-22-31 - Report of Interstate Drug Trafficking Task Force to oversight council.

16-22-31. Report of Interstate Drug Trafficking Task Force to oversight council.
The Interstate Drug Trafficking Task Force shall quarterly submit a report to the chair of the oversight council which includes aggregate statistics on the number of arrests made by the task force, the underlying felonies for those arrests, and the amount of drugs seized by the task force.
Source:
SL 2017, ch 92, §6.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 23 - Attorney Recruitment In Rural Counties And Municipalities › Section 16-23-1 - Attorney recruitment assistance program established.

16-23-1. Attorney recruitment assistance program established.
The Unified Judicial System may establish a program to assist rural counties and municipalities in recruiting attorneys.
Source:
SL 2013, ch 102, §1; SL 2017, ch 93, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 23 - Attorney Recruitment In Rural Counties And Municipalities › Section 16-23-2 - Application to participate--Assessment .

16-23-2. Application to participate--Assessment.
Each interested county or municipality shall apply to the Unified Judicial System. Before making a determination of eligibility, the Unified Judicial System shall conduct a county or municipality assessment designed to evaluate the county or municipality's need for an attorney and its ability to sustain and support an attorney. The Unified Judicial System shall maintain a list of counties and municipalities that have been assessed and are eligible for participation in the recruitment assistance program established by this chapter. The Unified Judicial System may revise any county or municipality assessment or conduct a new assessment as necessary to reflect any change in conditions within a county or municipality.
Source:
SL 2013, ch 102, §2; SL 2017, ch 93, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 23 - Attorney Recruitment In Rural Counties And Municipalities › Section 16-23-2.1 - County eligibility to participate.

16-23-2.1. County eligibility to participate.
A county is eligible to participate in the recruitment assistance program if the county:
(1)Has a population of ten thousand persons or less;
(2)Agrees to provide the county's portion of the incentive payment pursuant to the provisions of this chapter; and
(3)Is determined to be eligible by the Unified Judicial System.
Source:
SL 2017, ch 93, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 23 - Attorney Recruitment In Rural Counties And Municipalities › Section 16-23-2.2 - Municipality eligibility to participate.

16-23-2.2. Municipality eligibility to participate.
A municipality is eligible to participate in the recruitment assistance program if the municipality:
(1)Has a population of three thousand five hundred persons or less;
(2)Agrees to provide the municipality's portion of the incentive payment pursuant to the provisions of this chapter; and
(3)Is determined to be eligible by the Unified Judicial System.
Source:
SL 2017, ch 93, §4.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 23 - Attorney Recruitment In Rural Counties And Municipalities › Section 16-23-3 - Considerations for selection of participating counties and municipalities.

16-23-3. Considerations for selection of participating counties and municipalities.
In making the selection of the participating counties and municipalities, the Unified Judicial System shall consider:
(1)The demographics of the county or municipality;
(2)The age and number of the current membership of the county or municipality bar;
(3)The recommendation of the presiding circuit judge;
(4)The programs of economic development within the county or municipality;
(5)The geographical location compared to other counties or municipalities receiving assistance;
(6)The evaluation of the attorney seeking assistance under the program;
(7)Any existing or previous ties of the applicant to the county or municipality; and
(8)Any prior participation by the county or municipality in the program.
Source:
SL 2013, ch 102, §3; SL 2017, ch 93, §5.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 23 - Attorney Recruitment In Rural Counties And Municipalities › Section 16-23-4 - Attorney eligibility to participate.

16-23-4. Attorney eligibility to participate.
Any attorney licensed to practice in South Dakota may participate in the recruitment assistance program established under §16-23-1. A participating attorney shall agree to practice in an eligible rural county or municipality for at least five years. No more than thirty-two attorneys may participate in the program at any time.
Source:
SL 2013, ch 102, §4; SL 2015, ch 121, §2; SL 2017, ch 93, §6; SL 2019, ch 99, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 23 - Attorney Recruitment In Rural Counties And Municipalities › Section 16-23-5 - Incentive payment to participating attorneys.

16-23-5. Incentive payment to participating attorneys.
Any attorney who fulfills the requirements of the recruitment assistance program established pursuant to this chapter, is entitled to receive an incentive payment in five equal annual installments, each in an amount equal to ninety percent of the University of South Dakota School of Law resident tuition and fees as determined on July 1, 2013.
Source:
SL 2013, ch 102, §5; SL 2017, ch 93, §7.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 23 - Attorney Recruitment In Rural Counties And Municipalities › Section 16-23-6 - Agreement for payment of recruitment assistance--Repayment upon breach.

16-23-6. Agreement for payment of recruitment assistance--Repayment upon breach.
Any agreement for the payment of recruitment assistance pursuant to this chapter shall obligate the rural county or municipality served by the attorney to provide thirty-five percent of the total amount of the incentive payment in five equal annual installments. After the rural county or municipality certifies to the Unified Judicial System that the county or municipality has paid the attorney the annual amount and the State Bar of South Dakota or its designee has paid fifteen percent of the annual installment to the Unified Judicial System, the Unified Judicial System shall pay to the attorney the remaining balance of the total installment payment amount for that year. The Unified Judicial System shall pay the required amount out of funds appropriated pursuant to this chapter and the funds received from the State Bar of South Dakota pursuant to this chapter. A county or municipality may prepay its portion of the incentive payment at any time during the five-year period.
If an attorney has breached the agreement, the attorney shall repay all sums received pursuant to this chapter under the terms and conditions set by the Unified Judicial System. Failure to make repayment is grounds for discipline by the State Bar of South Dakota and the Supreme Court.
Source:
SL 2013, ch 102, §6; SL 2017, ch 93, §8.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 23 - Attorney Recruitment In Rural Counties And Municipalities › Section 16-23-7 - County and municipality funding.

16-23-7. County and municipality funding.
Any rural county or municipality may appropriate funds for the purpose of carrying out the provisions of this chapter. A rural county or municipality may enter an agreement with any county, municipality, school district, or nonprofit entity to assist the county or municipality in carrying out the provisions of this chapter.
Source:
SL 2013, ch 102, §7; SL 2017, ch 93, §9.