reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-146 - Defense of lack of mental responsibility.

33-10-146. Defense of lack of mental responsibility.
It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.
Source:
SL 2012, ch 175, §127.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-147 - Burden of proof of lack of mental responsibility.

33-10-147. Burden of proof of lack of mental responsibility.
The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
Source:
SL 2012, ch 175, §128.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-148 - Findings by court-martial members when lack of mental responsibility at issue.

33-10-148. Findings by court-martial members when lack of mental responsibility at issue.
If the lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused:
(1)Guilty;
(2)Not guilty; or
(3)Not guilty only by reason of lack of mental responsibility.
Source:
SL 2012, ch 175, §129.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-149 - Findings by military judge or summary court-martial officer when lack of mental responsibility at issue.

33-10-149. Findings by military judge or summary court-martial officer when lack of mental responsibility at issue.
Section 33-10-148 does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only or a summary court-martial officer, if the lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused:
(1)Guilty;
(2)Not guilty; or
(3)Not guilty only by reason of lack of mental responsibility.
Source:
SL 2012, ch 175, §130.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-150 - Conditions for finding of not guilty by reason of lack of mental responsibility.

33-10-150. Conditions for finding of not guilty by reason of lack of mental responsibility.
Notwithstanding the provisions of §33-10-155, the accused shall be found not guilty only by reason of lack of mental responsibility if:
(1)A majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or
(2)In the case of a court-martial composed of a military judge only or a summary court-martial officer, the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.
Source:
SL 2012, ch 175, §131.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-151 - Voting by secret written ballot.

33-10-151. Voting by secret written ballot.
Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.
Source:
SL 2012, ch 175, §132.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-152 - Rulings upon questions of law and interlocutory questions.

33-10-152. Rulings upon questions of law and interlocutory questions.
The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial. Unless the ruling is final, if any member objects to the ruling, the court shall be cleared and closed and the question decided by a voice vote as provided in §33-10-155, beginning with the junior in rank.
Source:
SL 2012, ch 175, §133.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-153 - Instructions.

33-10-153. Instructions.
Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them that:
(1)The accused shall be presumed to be innocent until the accused's guilt is established by legal and competent evidence beyond reasonable doubt;
(2)In the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt shall be resolved in favor of the accused and the accused shall be acquitted;
(3)If there is a reasonable doubt as to the degree of guilt, the finding shall be in a lower degree as to which there is no reasonable doubt; and
(4)The burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.
Source:
SL 2012, ch 175, §134.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-154 - Findings and rulings by court-martial composed of military judge only.

33-10-154. Findings and rulings by court-martial composed of military judge only.
Sections 33-10-151 to §33-10-153, inclusive, do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition, on request, find the facts specially. If an opinion or memorandum of decision is filed, it shall be sufficient if the findings of fact appear in the opinion or memorandum.
Source:
SL 2012, ch 175, §135.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-155 - Number of votes required.

33-10-155. Number of votes required.
No person may be convicted of an offense except as provided in §33-10-136 or by the concurrence of two-thirds of the members present at the time the vote is taken.
All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
Source:
SL 2012, ch 175, §136.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-157 - Record of proceedings--Authentication.

33-10-157. Record of proceedings--Authentication.
Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of the judge's death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member, if the trial counsel is unable to authenticate it by reason of the counsel's death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this section.
Source:
SL 2012, ch 175, §138.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-158 - Contents of record--Promulgation of rules.

33-10-158. Contents of record--Promulgation of rules.
A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction.
In all other court-martial cases, the record shall contain such matters as may be prescribed by rules promulgated pursuant to chapter 1-26 by the Adjutant General.
Source: SL 2012, ch 175, §139; SL 2023, ch 109, §14.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-159 - Records of summary court-martial--Promulgation of rules.

33-10-159. Records of summary court-martial--Promulgation of rules.
Each summary court-martial shall keep a separate record of the proceedings in each case. The record shall be authenticated in the manner as may be prescribed by rules promulgated pursuant to chapter 1-26 by the Adjutant General.
Source: SL 2012, ch 175, §140; SL 2023, ch 109, §15.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-160 - Copy of record to be given to the accused.

33-10-160. Copy of record to be given to the accused.
A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
Source:
SL 2012, ch 175, §141.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-161 - Cruel and unusual punishments prohibited.

33-10-161. Cruel and unusual punishments prohibited.
Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment may not be adjudged by a court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
Source:
SL 2012, ch 175, §142.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-162 - Maximum sentence--Felony and misdemeanor--Noncriminal conviction.

33-10-162. Maximum sentence--Felony and misdemeanor--Noncriminal conviction.
The punishment which a court-martial may direct for an offense may not exceed such limits as prescribed by this code, but in no instance may a sentence exceed more than ten years for a military offense, nor may a sentence of death be adjudged. A conviction by general court-martial of any military offense for which an accused may receive a sentence of confinement for more than one year is a felony offense. Except for convictions by a summary court-martial, all other military offenses are misdemeanors. Any conviction by a summary court-martial is not a criminal conviction.
Source:
SL 2012, ch 175, §143.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-163 - Limits of punishment.

33-10-163. Limits of punishment.
The limits of punishment for violations of the punitive provision prescribed by this code shall be lesser of the sentences prescribed by the manual for courts-martial of the United States in effect at the time of the offense, and the state manual for courts-martial. However, in no instance may any punishment exceed that authorized by this code.
Source: SL 2012, ch 175, §144; SL 2023, ch 109, §16.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-164 - Forfeitures.

33-10-164. Forfeitures.
If a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.
Source:
SL 2012, ch 175, §145.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-165 - Computation of period of confinement--Effective date of other sentences.

33-10-165. Computation of period of confinement--Effective date of other sentences.
Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement. All other sentences of courts-martial are effective on the date ordered executed.
Source:
SL 2012, ch 175, §146.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-166 - Deferment of sentence to confinement--Rescission.

33-10-166. Deferment of sentence to confinement--Rescission.
On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person's jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in that person's sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person's jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
Source:
SL 2012, ch 175, §147.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-167 - Deferment until after accused has been permanently released to state military forces.

33-10-167. Deferment until after accused has been permanently released to state military forces.
In any case in which a court-martial sentences an accused referred to in §33-10-168 to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the state military forces by a state, the United States, or a foreign country referred to in that section.
Source:
SL 2012, ch 175, §148.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-168 - Persons subject to deferment until permanently released to state military forces.

33-10-168. Persons subject to deferment until permanently released to state military forces.
Section 33-10-167 applies to a person subject to this code who:
(1)While in the custody of a state, the United States, or a foreign country is temporarily returned by that state, the United States, or a foreign country to the state military forces for trial by court-martial; and
(2)After the court-martial, is returned to that state, the United States, or a foreign country under the authority of a mutual agreement or treaty, as the case may be.
For the purposes of this section and §33-10-167, the term, state, includes the District of Columbia and any commonwealth, territory, or possession of the United States.
Source:
SL 2012, ch 175, §149.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-169 - Deferment of sentence to confinement while review pending.

33-10-169. Deferment of sentence to confinement while review pending.
In any case in which a court-martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case pursuant to §33-10-209 is pending, the adjutant general may defer further service of the sentence to confinement while that review is pending.
Source:
SL 2012, ch 175, §150.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-170 - Place of confinement.

33-10-170. Place of confinement.
A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place authorized by this code. Any person so confined is subject to the same discipline and treatment as any person regularly confined or committed to that place of confinement.
Source:
SL 2012, ch 175, §151.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-171 - Hard labor.

33-10-171. Hard labor.
The omission of hard labor as a sentence authorized under this code does not deprive the state confinement facility from employing it, if it otherwise is within the authority of that facility to do so.
Source:
SL 2012, ch 175, §152.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-172 - Fees for confinement.

33-10-172. Fees for confinement.
No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law. If no military confinement facility is available and a civilian facility charges fees as provided by law, the person confined shall be responsible for such costs.
Source:
SL 2012, ch 175, §153.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-173 - Reduction of enlisted member pay grade.

33-10-173. Reduction of enlisted member pay grade.
A court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes:
(1)A dishonorable or bad-conduct discharge; or
(2)Confinement;
reduces that member to pay grade E-1, effective on the date of that approval.
Source:
SL 2012, ch 175, §154.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-174 - Restoration of pay.

33-10-174. Restoration of pay.
If the sentence of a member who is reduced in pay grade pursuant to subdivision 33-10-173(1) is set aside or disapproved, or, as finally approved, does not include any punishment pursuant to subdivisions 33-10-173(1) or (2), the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay and allowances.
Source:
SL 2012, ch 175, §155.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-175 - Forfeiture of pay and allowances.

33-10-175. Forfeiture of pay and allowances.
A court-martial sentence described in §33-10-176 shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this section shall take effect on the date determined pursuant to §33-10-164 and may be deferred as provided by that section. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be two-thirds of all pay due that member during such period.
Source:
SL 2012, ch 175, §156.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-176 - Sentences subject to forfeiture of pay and allowances.

33-10-176. Sentences subject to forfeiture of pay and allowances.
A sentence covered by §33-10-175 is any sentence that includes:
(1)Confinement for more than six months; or
(2)Confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal.
Source:
SL 2012, ch 175, §157.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-177 - Waiver of forfeiture of pay and allowances for dependents of accused.

33-10-177. Waiver of forfeiture of pay and allowances for dependents of accused.
In a case involving an accused who has dependents, the convening authority or other person acting under this code may waive any or all of the forfeitures of pay and allowances required by §33-10-175 for a period not to exceed six months. Any amount of pay or allowances that would be forfeited, except for a waiver under this section, shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
Source:
SL 2012, ch 175, §158.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-178 - Restoration of pay and allowances.

33-10-178. Restoration of pay and allowances.
If the sentence of a member who forfeits pay and allowances pursuant to §33-10-175 is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in §33-10-176, the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
Source:
SL 2012, ch 175, §159.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-179 - Error of law.

33-10-179. Error of law.
A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
Source:
SL 2012, ch 175, §160.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-180 - Lesser included offense.

33-10-180. Lesser included offense.
Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
Source:
SL 2012, ch 175, §161.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-181 - Prompt report of findings and sentence to convening authority.

33-10-181. Prompt report of findings and sentence to convening authority.
The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence.
Source:
SL 2012, ch 175, §162.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-182 - Submission to convening authority of matters for consideration--Time for submission.

33-10-182. Submission to convening authority of matters for consideration--Time for submission.
The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Any such submission shall be in writing. Except in a summary court-martial case, such a submission shall be made within ten days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of a judge advocate pursuant to §33-10-189. In a summary court-martial case, such a submission shall be made within seven days after the sentence is announced.
Source:
SL 2012, ch 175, §163.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-183 - Extension of time for submission.

33-10-183. Extension of time for submission.
If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action pursuant to this code, for good cause, may extend the applicable period pursuant to §33-10-182 for not more than an additional twenty days.
Source:
SL 2012, ch 175, §164.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-184 - Provision of record to accused.

33-10-184. Provision of record to accused.
In a summary court-martial case, the accused shall be promptly provided a copy of the record of trial for use in preparing a submission authorized by §33-10-182.
Source:
SL 2012, ch 175, §165.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-185 - Waiver of right to make submission.

33-10-185. Waiver of right to make submission.
The accused may waive the right to make a submission to the convening authority as authorized by §33-10-182. Such a waiver shall be made in writing and may not be revoked. For the purposes of §33-10-187, the time within which the accused may make a submission under §33-10-182 shall be deemed to have expired upon the submission of such a waiver to the convening authority.
Source:
SL 2012, ch 175, §166.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-186 - Authority to modify findings and sentence.

33-10-186. Authority to modify findings and sentence.
The authority pursuant to §33-10-188 to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general court-martial jurisdiction who may take action pursuant to §33-10-187.
Source:
SL 2012, ch 175, §167.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-187 - Action on sentence of court-martial.

33-10-187. Action on sentence of court-martial.
Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act pursuant to this code. Such action may be taken only after consideration of any matters submitted by the accused pursuant to §33-10-182 or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action, in that person's sole discretion may approve, disapprove, commute, or suspend the sentence in whole or in part.
Source:
SL 2012, ch 175, §168.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-188 - Action on findings of court-martial.

33-10-188. Action on findings of court-martial.
Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in the person's sole discretion may:
(1)Dismiss any charge or specification by setting aside a finding of guilty thereto; or
(2)Change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.
Source:
SL 2012, ch 175, §169.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-189 - Recommendation of judge advocate--Promulgation of rules--Response and objection.

33-10-189. Recommendation of judge advocate--Promulgation of rules--Response and objection.
Before acting pursuant to §33-10-188 on any general or special court-martial case in which there is a finding of guilt, the convening authority or other person taking action shall obtain and consider the written recommendation of a judge advocate. The convening authority or other person taking action shall refer the record of trial to the judge advocate, and the judge advocate shall use such record in the preparation of the recommendation. The recommendation of the judge advocate shall include such matters as may be prescribed by rules promulgated pursuant to chapter 1-26 by the Adjutant General and shall be served on the accused, who may submit any matter in response pursuant to §33-10-182. Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto.
Source: SL 2012, ch 175, §170; SL 2023, ch 109, §17.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-190 - Proceeding in revision or rehearing.

33-10-190. Proceeding in revision or rehearing.
The convening authority or other person taking action pursuant to this code, in the person's sole discretion, may order a proceeding in revision or a rehearing.
Source:
SL 2012, ch 175, §171.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-191 - Matters considered at proceeding in revision.

33-10-191. Matters considered at proceeding in revision.
A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision:
(1)Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;
(2)Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or
(3)Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.
Source:
SL 2012, ch 175, §172.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-192 - Matters considered at rehearing--Dismissal without rehearing.

33-10-192. Matters considered at rehearing--Dismissal without rehearing.
A rehearing may be ordered by the convening authority or other person taking action pursuant to this code if that person disapproves the findings and sentence and states the reasons for disapproval of the findings. If such person disapproves the findings and sentence and does not order a rehearing, that person shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taking action under this section disapproves the sentence.
Source:
SL 2012, ch 175, §173.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-193 - Withdrawal of appeal.

33-10-193. Withdrawal of appeal.
In each case subject to appellate review under this code, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to such appeal. Such a withdrawal shall be signed by both the accused and the accused's defense counsel and shall be filed in accordance with appellate procedures as provided by law.
Source:
SL 2012, ch 175, §174.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-195 - Appeal by the state.

33-10-195. Appeal by the state.
In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial so long as it is not made in reconsideration:
(1)An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification;
(2)An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding;
(3)An order or ruling which directs the disclosure of classified information;
(4)An order or ruling which imposes sanctions for nondisclosure of classified information;
(5)A refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; or
(6)A refusal by the military judge to enforce an order described in subdivision (5) that has previously been issued by appropriate authority.
Source:
SL 2012, ch 175, §176.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-196 - Time for appeal by the state--Contents of notice of appeal.

33-10-196. Time for appeal by the state--Contents of notice of appeal.
An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within seventy-two hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
Source:
SL 2012, ch 175, §177.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-197 - Diligent prosecution of appeal.

33-10-197. Diligent prosecution of appeal.
An appeal pursuant to §§33-10-195 and 33-10-196 shall be diligently prosecuted as provided by law.
Source:
SL 2012, ch 175, §178.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-198 - State's appeal to Supreme Court limited to matters of law.

33-10-198. State's appeal to Supreme Court limited to matters of law.
An appeal pursuant to §§33-10-195 and 33-10-196 shall be forwarded to the court prescribed in §33-10-209. In ruling on an appeal pursuant to §§33-10-195 and 33-10-196, that court may act only with respect to matters of law.
Source:
SL 2012, ch 175, §179.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-199 - Consideration of delay concerning issue of speedy trial.

33-10-199. Consideration of delay concerning issue of speedy trial.
Any period of delay resulting from an appeal pursuant to §§33-10-195 and 33-10-196 shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
Source:
SL 2012, ch 175, §180.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-200 - Rehearings.

33-10-200. Rehearings.
Each rehearing under this code shall take place before a court-martial composed of members not members of the court-martial that first heard the case. Upon a rehearing the accused may not be tried for any offense of which the accused was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.
Source:
SL 2012, ch 175, §181.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-201 - Review by senior force judge advocate.

33-10-201. Review by senior force judge advocate.
Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the state's senior force judge advocate. The state's senior force judge advocate may not review a case under this section if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The state's senior force judge advocate's review shall be in writing and shall contain the following:
(1)Conclusions as to whether:
(a)The court had jurisdiction over the accused and the offense;
(b)The charge and specification stated an offense; and
(c)The sentence was within the limits prescribed as a matter of law;
(2)A response to each allegation of error made in writing by the accused; and
(3)If the case is sent for action pursuant to §33-10-202, a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
Source:
SL 2012, ch 175, §182.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-202 - Adjutant General action--Promulgation of rules.

33-10-202. Adjutant General action--Promulgation of rules.
The record of trial and related documents in each case reviewed pursuant to §33-10-201 shall be sent for action to the adjutant general, if:
(1)The judge advocate who reviewed the case recommends corrective action;
(2)The sentence approved pursuant to §33-10-187 extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months; or
(3)Such action is otherwise required by rules promulgated by the Adjutant General pursuant to chapter 1-26.
Source: SL 2012, ch 175, §183; SL 2023, ch 109, §18.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-203 - Action by adjutant general.

33-10-203. Action by adjutant general.
The adjutant general may:
(1)Disapprove or approve the findings or sentence, in whole or in part;
(2)Remit, commute, or suspend the sentence in whole or in part;
(3)Except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or
(4)Dismiss the charges.
Source:
SL 2012, ch 175, §184.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-204 - Dismissal when rehearing impracticable.

33-10-204. Dismissal when rehearing impracticable.
If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.
Source:
SL 2012, ch 175, §185.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-205 - Action by the Governor.

33-10-205. Action by the Governor.
If the opinion of the state's senior force judge advocate, in the state's senior force judge advocate's review pursuant to §33-10-201 is that corrective action is required as a matter of law and if the adjutant general does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the Governor for review and action as deemed appropriate.
Source:
SL 2012, ch 175, §186.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-206 - Senior force judge advocate review of subject matter jurisdiction in case of finding of not guilty.

33-10-206. Senior force judge advocate review of subject matter jurisdiction in case of finding of not guilty.
The state's senior force judge advocate may review any case in which there has been a finding of not guilty of all charges and specifications. The state's senior force judge advocate may not review a case under this section if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The state's senior force judge advocate's review shall be limited to questions of subject matter jurisdiction.
Source:
SL 2012, ch 175, §187.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-207 - Action by adjutant general regarding subject matter jurisdiction.

33-10-207. Action by adjutant general regarding subject matter jurisdiction.
The record of trial and related documents in each case reviewed pursuant to §33-10-206 shall be sent for action to the adjutant general. The adjutant general may:
(1)If subject matter jurisdiction is found to be lacking, void the court-martial ab initio, with or without prejudice to the government, as the adjutant general deems appropriate; or
(2)Return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law.
Source:
SL 2012, ch 175, §188.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-208 - Disposition of records.

33-10-208. Disposition of records.
Except as otherwise required by this code, all records of trial and related documents shall be transmitted and disposed of as prescribed by rule and provided by law.
Source:
SL 2012, ch 175, §189.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-209 - Review by Supreme Court.

33-10-209. Review by Supreme Court.
Any decision of a court-martial may be appealed to the South Dakota Supreme Court. The appellate procedures to be followed shall be those provided by law for the appeal of criminal cases.
Source:
SL 2012, ch 175, §190.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-210 - Appellate government counsel.

33-10-210. Appellate government counsel.
The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases pursuant to §33-10-209 and before any federal court when requested to do so by the state attorney general. Appellate government counsel shall be a member in good standing of the bar of the highest court of the state to which the appeal is taken.
Source:
SL 2012, ch 175, §191.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-211 - Right to counsel on appeal by state.

33-10-211. Right to counsel on appeal by state.
Upon an appeal by the state, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.
Source:
SL 2012, ch 175, §192.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-212 - Right to counsel on appeal by accused.

33-10-212. Right to counsel on appeal by accused.
Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.
Source:
SL 2012, ch 175, §193.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-213 - Appointment of judge advocate to represent accused.

33-10-213. Appointment of judge advocate to represent accused.
Upon the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in §§33-10-211 and 33-10-212.
Source:
SL 2012, ch 175, §194.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-215 - Execution of sentence of dismissal or dishonorable or bad-conduct discharge when appeal not waived or withdrawn.

33-10-215. Execution of sentence of dismissal or dishonorable or bad-conduct discharge when appeal not waived or withdrawn.
If the sentence of the court-martial extends to dismissal or a dishonorable or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn pursuant to §33-10-193 or 33-10-194, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases if review is completed by an appellate court prescribed in §33-10-209, and is deemed final by the law of state where the judgment was had.
Source:
SL 2012, ch 175, §196.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-216 - Execution of sentence when appeal waived or withdrawn.

33-10-216. Execution of sentence when appeal waived or withdrawn.
If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn pursuant to §33-10-193 or 33-10-194, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review pursuant to §33-10-201 is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case pursuant to §33-10-187 when so approved under that section.
Source:
SL 2012, ch 175, §197.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-217 - Probation violation--Hearing--Representation by counsel.

33-10-217. Probation violation--Hearing--Representation by counsel.
Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.
Source:
SL 2012, ch 175, §198.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-218 - Vacation of suspension--Execution of sentence.

33-10-218. Vacation of suspension--Execution of sentence.
The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in this code.
Source:
SL 2012, ch 175, §199.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-219 - Authority to vacate suspension.

33-10-219. Authority to vacate suspension.
The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
Source:
SL 2012, ch 175, §200.