reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-12.1 - Supervision of probationers--Performance of special conditions--Payment of costs.

23A-27-12.1. Supervision of probationers--Performance of special conditions--Payment of costs.
Upon receipt of an order that a defendant has been placed on probation to the court service department, the chief court services officer shall immediately assign the defendant to a court services officer for probation supervision.
All such probationers shall cooperate fully with the court services officer and comply with all directives thereby issued in their regard. If the sentencing judge has provided special conditions, including limited areas of residence or community access, required participation in treatment, enhanced reporting requirements, and use of electronic monitoring or global positioning units, for either a probationer or one released on a suspended sentence, then such person shall comply with such special conditions, and the court services officer is hereby charged with the responsibility for effecting compliance with such conditions.
Whenever the sentencing judge assesses probation costs as a condition of probation, the costs shall be paid to the clerk of the court who shall forward such costs on a monthly basis to the county treasurer for deposit in the county general fund.
Source:
SDC 1939, §13.5304 as added by SL 1955, ch 31, §2; SL 1964, ch 33, §6; SDCL, §23-57-10; SL 1977, ch 198, §10; SL 1981, ch 187; SL 2006, ch 123, §12.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-12.2 - Order suspending imposition of misdemeanor sentence and placing defendant on probation--Eligibility--Revocation of suspension.

23A-27-12.2. Order suspending imposition of misdemeanor sentence and placing defendant on probation--Eligibility--Revocation of suspension.
Upon receiving a verdict or plea of guilty for a misdemeanor, a court having jurisdiction of the defendant, if satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may, without entering a judgment of guilt, and with the consent of the defendant, suspend the imposition of sentence and place the defendant on probation for such period and upon such terms and conditions as the court may deem best. No person who has previously been granted, whether in this state or any other, a suspended imposition of sentence for a misdemeanor, is eligible to be granted a second suspended imposition of sentence for a misdemeanor. A court may revoke such suspension at any time during the probationary period and impose and execute sentence without diminishment or credit for any of the probationary period.
Source:
SL 2016, ch 136, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-13 - Order suspending imposition of felony sentence and placing defendant on probation--Eligibility--Revocation of suspension.

23A-27-13. Order suspending imposition of felony sentence and placing defendant on probation--Eligibility--Revocation of suspension.
Upon receiving a verdict or plea of guilty for a felony not punishable by death or life imprisonment by a person never before convicted of a crime which at the time of conviction thereof would constitute a felony in this state, a court having jurisdiction of the defendant, if satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may, without entering a judgment of guilt, and with the consent of the defendant, suspend the imposition of sentence and place the defendant on probation for such period and upon such terms and conditions as the court may deem best. No person who has previously been granted, whether in this state or any other, a suspended imposition of sentence for a felony, is eligible to be granted a second suspended imposition of sentence for a felony. A court may revoke such suspension at any time during the probationary period and impose and execute sentence without diminishment or credit for any of the probationary period.
Source:
SL 1953, ch 202; SL 1957, ch 181; SDC Supp 1960, §34.3708-2; SL 1961, ch 186; SDCL §23-57-4; SL 1972, ch 149; SL 1976, ch 158, §43-3; SL 1977, ch 197; SL 1978, ch 178, §345; SL 1979, ch 159, §16A; SL 2010, ch 128, §1; SL 2016, ch 136, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-13.1 - Copy of suspension order forwarded to criminal investigation division.

23A-27-13.1. Copy of suspension order forwarded to criminal investigation division.
Within fifteen days of the filing of a written order suspending imposition of sentence pursuant to §23A-27-13 the court shall forward a nonpublic record of the sentence to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6 which shall be retained until discharged pursuant to §23A-27-14.
Source:
SL 1983, ch 186.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-13.2 - Probationary supervision by court terminated upon imposition of sentence requiring supervision by executive branch.

23A-27-13.2. Probationary supervision by court terminated upon imposition of sentence requiring supervision by executive branch.
If a defendant is serving a probationary sentence under the supervision of the Unified Judicial System and the same or any other sentencing court imposes a sentence on the defendant requiring supervision by the executive branch, other than as provided under §23A-27-18.1 or 23A-27-18.2, the probationary supervision by the Unified Judicial System is immediately terminated. The court that previously imposed the probationary sentence retains jurisdiction over the defendant to impose a sentence to the Department of Corrections, or any other lawful sentence.
Source:
SL 2018, ch 144, §1, eff. Mar. 9, 2018.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-14 - Discharge and dismissal of probationer on completion of conditions--No judgment entered--Limitation.

23A-27-14. Discharge and dismissal of probationer on completion of conditions--No judgment entered--Limitation.
Upon completion of the observance of all conditions imposed pursuant to §23A-27-12.2 or 23A-27-13, the court services officer assigned to the defendant's case or the defendant shall bring the matter to the attention of the court, whereupon the defendant shall be discharged by the court. A formal entry of the discharge shall be entered by the clerk of courts. Discharge and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this section may occur only once with respect to any person for a suspended imposition of sentence under §23A-27-13 and only once with respect to any person for a suspended imposition of sentence under §23A-27-12.2.
Source:
SL 1953, ch 202; SL 1957, ch 181; SDC Supp 1960, §34.3708-2; SL 1961, ch 186; SDCL, §23-57-4; SL 1972, ch 149; SL 1976, ch 158, §43-3; SL 1977, ch 197; SL 1978, ch 178, §345; SL 1979, ch 159, §17; SL 1982, ch 28, §20; SL 2020, ch 98, § 1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-14.1 - Revocation or refusal of certificate of teacher, administrator, or other educational professional.

23A-27-14.1. Revocation or refusal of certificate of teacher, administrator, or other educational professional.
Notwithstanding §§23A-27-14 and 23A-27-17, any person who has received an order pursuant to §23A-27-13 who is licensed or seeks to be licensed pursuant to chapter 13-42 may have the person's application refused or license revoked as provided in chapters 13-42 and 13-43.
Source:
SL 1984, ch 123, §2; SL 2002, ch 109, §12; SL 2015, ch 98, §28.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-14.2 - Revocation or refusal of gaming or racing license--Conditional license.

23A-27-14.2. Revocation or refusal of gaming or racing license--Conditional license.
Notwithstanding §§23A-27-14 and 23A-27-17, a person who has received an order pursuant to the provisions of §23A-27-13 for a felony offense, who is licensed or seeks to be licensed by the South Dakota Commission on Gaming pursuant to the provisions of §42-7B-22 or subdivision 42-7-56(12), shall have an application refused or a license revoked after a hearing as provided pursuant to chapter 1-26 unless the person has successfully completed the probationary period imposed by the court. However, the commission may grant a conditional license during the probationary period imposed by the court if the applicant or licensee proves by clear and convincing evidence to the satisfaction of the commission that the person is suitable to hold the license.
Source:
SL 2000, ch 114, §1; SL 2015, ch 220, §4.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-15 - Suspension of sentence as conviction for purposes of habitual offender law.

23A-27-15. Suspension of sentence as conviction for purposes of habitual offender law.
For the sole purposes of consideration of the sentence of a defendant for subsequent offenses or the determination of whether the defendant is an habitual offender under chapter 22-7, the fact of suspension of imposition of sentence under §23A-27-13, whether or not discharge and dismissal have occurred, shall be considered a prior conviction.
Source:
SDCL, §23-57-4; SL 1977, ch 197; SL 1978, ch 178, §345.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-16 - Report to criminal investigation division of discharge and dismissal of probationer--Limited purpose of record.

23A-27-16. Report to criminal investigation division of discharge and dismissal of probationer--Limited purpose of record.
Any discharge and dismissal under §23A-27-14 shall be reported to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6. The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation which shall be retained solely for use by law enforcement agencies, prosecuting attorneys, and courts in sentencing such person for subsequent offenses and in determining whether or not, in subsequent proceedings, a person qualifies for suspension under §23A-27-13 or chapter 22-7.
Source:
SDCL, §23-57-4; SL 1976, ch 158, §43-3; SL 1977, ch 197; SL 1978, ch 178, §345.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-17 - Sealing of records on discharge of probationer--Effect of order--Future statements by defendant as to conviction.

23A-27-17. Sealing of records on discharge of probationer--Effect of order--Future statements by defendant as to conviction.
Upon the discharge and dismissal of a person pursuant to §23A-27-14, a court shall order that all official records, other than the nonpublic records to be retained by the Division of Criminal Investigation, be sealed along with all records relating to the person's arrest, indictment or information, trial, finding of guilt, and dismissal and discharge. The effect of such order is to restore such person, in the contemplation of the law, to the status he occupied before his arrest or indictment or information. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or of giving a false statement by reason of his failure to recite or acknowledge such arrest, indictment or information, or trial in response to any inquiry made of him for any purpose.
Source:
SL 1975, ch 257, §2; SDCL Supp, §23-57-4.1; SL 1976, ch 158, §43-4; SL 1978, ch 178, §346.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-18 - Suspension of execution of sentence--Conditions.

23A-27-18. Suspension of execution of sentence--Conditions.
Upon conviction, the sentencing court may suspend the execution of any sentence imposed during good behavior, subject to such conditions or restitutions as the court may impose. The suspension order or judgment can be made only by the court in which the conviction occurred. A defendant given a suspended execution of sentence shall remain under the jurisdiction of the court. A state incarceration sentence may be imposed as a condition of a suspended execution of sentence as authorized in §23A-27-18.1.
Source: SDC 1939, §34.3708; SL 1939, ch 132; SL 1943, ch 128; SDCL §23-57-5; SL 1978, ch 178, §347; SL 1987, ch 177, §2; SL 2010, ch 129, §2; SL 2023, ch 82, §25.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-18.1 - Imprisonment as condition of probation or suspension of sentence--Credit for time.

23A-27-18.1. Imprisonment as condition of probation or suspension of sentence--Credit for time.
The conditions of probation imposed pursuant to §23A-27-12 or 23A-27-13 or the conditions of suspension of execution imposed pursuant to §23A-27-18, may include the requirement that the defendant be imprisoned in the county jail for no more than one hundred eighty days, except as otherwise specified in this section, or in a state correctional facility for no more than one hundred eighty days or the sentence which was imposed or which may be imposed by law, whichever is less. However, for persons sentenced pursuant to §32-23-4.6, the conditions of probation imposed pursuant to §23A-27-12 or 23A-27-13 or the conditions of suspension of execution imposed pursuant to §23A-27-18, may include the requirement that the defendant be imprisoned in the county jail for a specific period not exceeding three hundred sixty-five days. The imprisonment may be further restricted to certain days specified by the court as part of such conditions. The required period of imprisonment for a county jail or state incarceration term should not exceed sixty consecutive days to ensure the court retains authority to impose additional days of imprisonment, if necessary, during the term of supervision pursuant to §16-22-13. The court retains jurisdiction to raise or lower the required period of imprisonment within the sentence otherwise allowed by law. Any such imprisonment, either in the county jail or state correctional facility, shall be credited toward any incarceration imposed upon any subsequent revocation of a suspended imposition or execution of sentence. During any such imprisonment the defendant shall be subject to all policies, rules, and regulations of the county jail or state correctional facility.
Source: SL 1979, ch 159, §18; SL 1983, ch 185; SL 1984, ch 180, §2; SL 1999, ch 122, §1; SL 2013, ch 101, §66; SL 2023, ch 82, §26.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-18.2 - Supervision of person sentenced to county jail or state correctional facility as condition of suspension.

23A-27-18.2. Supervision of person sentenced to county jail or state correctional facility as condition of suspension.
A person who is sentenced to a county jail as a condition of suspended imposition of sentence, suspended sentence, or suspended execution of sentence, is under the supervision of the court services officer assigned by the court having jurisdiction of the person. A person sentenced to a state correctional facility as a condition of suspended imposition of sentence or suspended execution of sentence is under the supervision of the court services officer assigned by the court having jurisdiction of the person upon that person's release from the state correctional facility after completion of the state incarceration term imposed pursuant to §23A-27-18.1.
Source: SL 1979, ch 159, §20; SL 1982, ch 28, §20; SL 2010, ch 129, §4; SL 2023, ch 82, §27.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-18.3 - Conditions required on probation or suspension of sentence.

23A-27-18.3. Conditions required on probation or suspension of sentence.
The conditions of probation imposed pursuant to §23A-27-12 or 23A-27-13 or the conditions of a suspension of execution imposed pursuant to §23A-27-18 shall provide in addition to any other conditions, as an explicit condition of probation, suspended imposition of sentence, or suspended execution of sentence that the defendant not commit another federal, state, or local crime during the term of probation or suspension.
The conditions of probation imposed pursuant to §23A-27-12 or 23A-27-13 or the conditions of a suspension of execution imposed pursuant to §23A-27-18 may provide in addition to any other conditions, as an explicit condition of probation, suspended imposition of sentence, or suspended execution of sentence that the defendant:
(1)Pay a fine or perform community service work as directed by the court; or
(2)Receive treatment for chemical dependency at any South Dakota treatment facility accredited pursuant to §34-20A-27 and reimburse the county for costs of treatment ordered by the court; or
(3)Make restitution pursuant to the provisions of chapter 23A-28.
Source:
SL 1985, ch 192, §4; SL 1987, ch 178.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-18.4 - Suspension of correctional facility sentence--Conditions--Supervision.

23A-27-18.4. Suspension of correctional facility sentence--Conditions--Supervision.
Upon conviction, the sentencing court may suspend any portion of a state incarceration sentence subject to conditions or restrictions as the court may impose. The suspension order or judgment can be made only in the court in which the conviction occurred. A defendant with a partially suspended state incarceration sentence is under the supervision of the Department of Corrections and the Board of Pardons and Paroles. The board is charged with the responsibility for enforcing the conditions imposed by the sentencing judge, and the board retains jurisdiction to revoke the suspended portion of the sentence for violation of the terms of parole or the terms of the suspension.
A defendant with an entirely suspended state incarceration sentence is under the supervision of the sentencing court unless the entirely suspended state incarceration sentence is concurrent or consecutive to an additional state incarceration sentence in which case, the defendant is under the supervision of the Board of Pardons and Paroles.
Source: SL 2010, ch 129, §3; SL 2023, ch 82, §28.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-18.5 - Continuing jurisdiction to revoke probation or suspended execution of sentence.

23A-27-18.5. Continuing jurisdiction to revoke probation or suspended execution of sentence.
Any court granting probation or a suspended execution of sentence retains jurisdiction to revoke the probation or suspended execution of sentence for violation of its terms and conditions.
Source:
SL 2010, ch 129, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-18.6 - Maintenance of good disciplinary record and compliance with program requirements.

23A-27-18.6. Maintenance of good disciplinary record and compliance with program requirements.
In addition to any conditions imposed by the sentencing judge, an inmate under the supervision of the Department of Corrections and the Board of Pardons and Paroles pursuant to §23A-27-18.4 or 23A-27-19 shall maintain a good disciplinary record and comply with all programming required by the Department of Corrections and the Board of Pardons and Paroles. A suspended sentence may be revoked by the Board of Pardons and Paroles for failure to comply with these requirements.
Source:
SL 2016, ch 137, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-18.7 - Inmate under suspended sentence considered parolee.

23A-27-18.7. Inmate under suspended sentence considered parolee.
If an inmate is under the supervision of the Department of Corrections and the Board of Pardons and Paroles as directed in §§23A-27-18.4 and 23A-27-19, the inmate is considered a parolee and is governed by the supervision and revocation provisions of chapters 24-15 and 24-15A.
Source:
SL 2016, ch 137, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-19 - Continuing jurisdiction to suspend sentence--Notice to prosecuting attorney and victim--Supervision--Revocation.

23A-27-19. Continuing jurisdiction to suspend sentence--Notice to prosecuting attorney and victim--Supervision--Revocation.
The sentencing court retains jurisdiction for the purpose of suspending any sentence for a period of two years from the effective date of the judgment of conviction, notwithstanding the fact that the time for an appeal from such judgment is limited to a shorter period of time. The court shall notify the attorney who prosecuted the person or the successor in office of the prosecuting attorney at least fourteen days in advance of the suspension. Notice shall be provided to any victim by the prosecuting attorney or the successor in office pursuant to the provisions of §23A-27-1.2. Any person whose sentence is suspended pursuant to this section is under the supervision of the Board of Pardons and Paroles, except as provided in §23A-27-18.2. The board is charged with the responsibility for enforcing the conditions imposed by the sentencing judge, and the board retains jurisdiction to revoke the suspended portion of the sentence for violation of the terms of parole or the terms of the suspension.
Source:
SL 1945, ch 149; SDC Supp 1960, §34.3708-1; SDCL §23-57-8; SL 1978, ch 178, §349; SL 1979, ch 159, §19; SL 1985, ch 197; SL 1986, ch 195; SL 1988, ch 192; SL 1988, ch 193; SL 2005, ch 127, §1; SL 2010, ch 129, §5; SL 2016, ch 137, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-19.1 - Suspension of probationary period--Conditions.

23A-27-19.1. Suspension of probationary period--Conditions.
The running of a probationer's probationary period shall be suspended under the following conditions:
(1)If the probationer absconds from supervision;
(2)If the probationer is in violation of any of the terms and conditions of probation unless a sanction has been imposed for the violation pursuant to the graduated response grid established pursuant to §16-22-13 and the probationer has fully complied with the sanction;
(3)Upon the filing of any probation violation report and during the pendency of any revocation or modification proceedings; or
(4)Upon arrest of a probationer pursuant to §23A-27-21 if such arrest is followed by a revocation or modification hearing.
Source:
SL 1979, ch 159, §20A; SL 2014, ch 115, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-20 - (Rule 32(f)) Hearing required to revoke probation or suspension of sentence--Bail pending hearing.

23A-27-20.(Rule 32(f)) Hearing required to revoke probation or suspension of sentence--Bail pending hearing.
A court shall not revoke a probation or a suspension of imposition of sentence, except after a hearing at which the defendant shall be present and apprised of the grounds on which such action is proposed. A defendant may be admitted to bail pending such hearing.
Source:
SL 1978, ch 178, §350.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-20.1 - Modification of terms and conditions of probation.

23A-27-20.1. Modification of terms and conditions of probation.
The court, upon notice to the probationer, a hearing and good cause, shown, may modify the terms and conditions of a probation which may include extending the probationary period.
Source:
SL 1979, ch 159, §20B.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-21 - Warrantless arrest and taking into custody of person on probation or with suspended sentence--Conditions.

23A-27-21. Warrantless arrest and taking into custody of person on probation or with suspended sentence--Conditions.
A court services officer may arrest and take into custody a person on probation or suspended sentence without a warrant if that court services officer has probable cause to believe that:
(1)The person has violated the terms and conditions of suspension or probation;
(2)The person has failed to comply with the court services officer's documented directives;
(3)The purpose or objects of suspension or probation are not being served; or
(4)The arrest or taking into custody appears necessary in order to prevent escape or enforce discipline.
Source:
SDC 1939, §13.5304 as added by SL 1955, ch 31, §2; SL 1957, ch 36, §1; SL 1964, ch 33, §6; SDCL, §23-57-12; SL 1977, ch 198, §12; SL 1978, ch 178, §351; SL 1982, ch 28, §20; SL 2005, ch 128, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-21.1 - Court services officer--Order authorizing law enforcement officer to aid in arrest or taking into custody.

23A-27-21.1. Court services officer--Order authorizing law enforcement officer to aid in arrest or taking into custody.
A court services officer may issue a verbal or written order authorizing a law enforcement officer to aid a court services officer in making an arrest or taking a person into custody pursuant to §23A-27-21.
Source:
SL 2005, ch 128, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-21.2 - Detainer authorizing detention of probationer to obtain warrant, revocation, bond hearing, or court order.

23A-27-21.2. Detainer authorizing detention of probationer to obtain warrant, revocation, bond hearing, or court order.
If a court services officer has probable cause to believe a person on probation has violated the terms and conditions of probation, the court services officer may issue a detainer authorizing anyone having the person in custody to detain the person for up to forty-eight hours, excluding Saturdays, Sundays, and holidays, for the purpose of obtaining a warrant, revocation, bond hearing, or court order. The person shall be released after forty-eight hours, excluding Saturdays, Sundays, and holidays, unless a warrant or court order for further detention has been issued.
Source:
SL 2005, ch 128, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-24 - Execution against property of organization for collection of fine--Duty of officers to pay.

23A-27-24. Execution against property of organization for collection of fine--Duty of officers to pay.
When a fine is imposed upon an organization, it may be collected by virtue of the sentence imposing it, by the sheriff of the county, out of the real and personal property of the organization, in the same manner as upon execution in a civil action. It is the duty of the individuals authorized to make disbursements of the assets of the organization to pay the fine.
Source:
SDC 1939 & Supp 1960, §34.3805; SDCL, §23-48-25; SL 1978, ch 178, §366.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-25 - Fines and penalties paid into county treasury--Exceptions--Use for schools.

23A-27-25. Fines and penalties paid into county treasury--Exceptions--Use for schools.
All fines and pecuniary penalties, other than forfeitures provided for in §23A-43-23, costs as provided in §§23-3-52, 23A-27-26, and 23A-27-27, restitution and civil penalties assessed under the state's environmental laws, for the violation of any state law, when collected, shall be paid into the treasury of the proper county, the net proceeds of which shall be applied and used each year for the benefit of the public schools of this state.
Source:
SDC 1939, §13.0113; SDCL, §23-48-30; SL 1975, ch 162, §14; SL 1978, ch 178, §367; SL 1982, ch 186, §3; SL 1988, ch 291, §25; SL 1989, ch 211, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-25.1 - Provisions for payment of fines, costs and restitution, etc.--Community service.

23A-27-25.1. Provisions for payment of fines, costs and restitution, etc.--Community service.
If a defendant sentenced to be imprisoned or jailed has part or all of his imprisonment or jail time suspended upon conditions that include payment of a fine, costs, and restitution, or any of them, or if a defendant is sentenced to pay a fine, costs, and restitution, or any of them, the lay magistrate, the magistrate judge or circuit court judge may require:
(1)Execution by the defendant of a wage assignment if he is employed in this state, which assignment shall direct his employer to withhold and remit that amount to the clerk of courts up to the total of the fine, costs, and restitution;
(2)A payment schedule. The magistrate judge or circuit court may require the defendant to personally appear before the court or an officer of the court as designated, from time to time, to pay such installments or justify the failure to timely do so. Failure to so appear is a prima facie violation of the suspended sentence of imprisonment, jail, or contempt;
(3)Community service under terms and conditions established by the court. For purposes of computing community service time, eight hours shall be equal to one day of imprisonment. The community service time may not exceed the maximum time authorized for the offense charged.
The provisions of this section shall not apply to suspensions of drivers' licenses pursuant to §32-12-49.
Subdivisions (1) to (3), inclusive, are not exclusive as to conditions which may be imposed. A defendant is any person who has been convicted of a criminal offense or who has been granted a suspended imposition of sentence.
Source:
SL 1989, ch 211, §4.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-25.2 - Costs and restitution designated as punishment.

23A-27-25.2. Costs and restitution designated as punishment.
In any case in which they are imposed, costs and restitution are a portion of the punishment.
Source:
SL 1989, ch 211, §5.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-25.3 - Failure to comply with conditions of suspended sentence--Defendant to show cause.

23A-27-25.3. Failure to comply with conditions of suspended sentence--Defendant to show cause.
If a defendant sentenced to be imprisoned or jailed has part or all of the imprisonment or jail time suspended upon conditions that include that he pay a fine, costs, or restitution and fails to comply with any of these conditions, the court may, upon its own motion or upon motion of the state's attorney, require the defendant to show cause why he should not be imprisoned or jailed for failure to comply with the conditions of the sentence. The court may issue a warrant of arrest, bench warrant, or order to show cause for the convicted defendant's appearance.
Source:
SL 1989, ch 211, §6.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-25.4 - Default in payment of fine or costs and restitution.

23A-27-25.4. Default in payment of fine or costs and restitution.
If a defendant sentenced to pay a fine, costs, or restitution, defaults in the timely payment thereof, the court may, upon its own motion or upon motion of the state's attorney, require the defendant to show cause why he should not be imprisoned or jailed for nonpayment. The court may issue a warrant of arrest, bench warrant, or order to show cause for the defendant's appearance.
Source:
SL 1989, ch 211, §7.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-25.5 - Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served.

23A-27-25.5. Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served.
No defendant may be imprisoned or jailed for failure to pay a fine, costs, or restitution or have any suspended prison or jail sentence revoked without a prior hearing. At the hearing, the defendant has the burden of proof to establish to the reasonable satisfaction of the magistrate or circuit judge that the defendant did not willfully fail to pay the fine, costs, or restitution or that the defendant did make a bona fide effort to pay the fine, costs, or restitution.
Failure by the defendant to make such a showing is grounds for being imprisoned or jailed. If the sentence provided for payment of fine or costs only, the term of jail or imprisonment may be no longer than the number of days equal to the total amount of the fine or costs imposed divided by sixty. For purposes of making this computation, any fraction of less than one day shall be dropped from the term of imprisonment. In no event may such imprisonment for failure to pay the fine, costs, and restitution together with all other time served or to be served exceed the maximum allowed by statute.
If the defendant establishes that nonpayment was not willful or that the defendant did make a bona fide effort to pay, the defendant may not be imprisoned or jailed for nonpayment. The magistrate or circuit judge shall consider other alternatives which take into account the state's interest in punishment and deterrence.
The court shall make findings in its decision.
Source:
SL 1989, ch 211, §8; SL 2004, ch 163, §1; SL 2010, ch 130, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-25.6 - Fine, costs, or restitution as a lien in civil action--No discharge from imprisonment until full amount paid.

23A-27-25.6. Fine, costs, or restitution as a lien in civil action--No discharge from imprisonment until full amount paid.
If the sentence includes a fine, costs, or restitution, execution may issue thereon as a judgment against the convicted defendant in a civil action. Such a judgment is a lien and may be docketed and collected in the same manner. If the defendant is in default on payment, the levy or execution for the collection of the fine, costs, or restitution, do not discharge a defendant committed to imprisonment for contempt pursuant to this chapter until the amount due has actually been collected.
Source:
SL 1989, ch 211, §9.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-25.7 - Objection to fines or costs--Defendant sentenced to state correctional facility--Hearing.

23A-27-25.7. Objection to fines or costs--Defendant sentenced to state correctional facility--Hearing.
If the sentencing court orders a defendant to a state correctional facility and the defendant objects at sentencing to the fines or costs imposed as a portion of the punishment on the basis the defendant will be ineligible to receive a wage for work performed while incarcerated because the defendant does not have a verifiable Social Security number, the defendant is entitled to a hearing at which the court shall determine whether there is good cause to reduce the fines or costs pursuant to §23A-27-25.8 by a preponderance of the evidence. In making this determination, the court shall consider the defendant's employment circumstances, potential for employment and vocational training, financial condition, and other factors as may be appropriate.
Source: SL 2022, ch 73, §1; SL 2023, ch 82, §29.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-25.8 - Reduction of fines or costs for work performed--Department of Corrections to track--Defendant responsible for remainder.

23A-27-25.8. Reduction of fines or costs for work performed--Department of Corrections to track--Defendant responsible for remainder.
If the sentencing court finds good cause to reduce the fees or costs imposed under §23A-27-25.7, the court shall issue an order stating that the defendant shall be credited the current rate of pay for institutional work assignments against the fines or costs imposed in the priority ordered by the court. The reduction must be in accordance with work performed by the defendant related to reasonable institutional work assignments. Any work required as a disciplinary sanction for misconduct may not count as a credit against fines or costs imposed. The Department of Corrections shall record the number of hours the defendant worked pursuant to this section. The defendant shall be responsible for any outstanding amount following release from incarceration.
Source: SL 2022, ch 73, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-26 - Judgment against defendant for costs--Items excluded--Enforcement as civil judgment.

23A-27-26. Judgment against defendant for costs--Items excluded--Enforcement as civil judgment.
In all criminal actions, upon conviction of the defendant, the court may adjudge that the defendant pay the whole or any part of the costs of that particular prosecution in addition to the liquidated costs provided by §23-3-52. However, the costs shall not include items of governmental expense such as juror's fees, bailiff's fees, salaries and expenses of special agents, and reporter's per diem. Payment of costs may be enforced as a civil judgment against the defendant.
Source:
SDC 1939, §34.3709; SL 1943, ch 129; SDCL, §23-48-31; SL 1978, ch 178, §368; SL 1982, ch 186, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-27 - Fees and costs included in judgment for costs against defendant.

23A-27-27. Fees and costs included in judgment for costs against defendant.
The statutory fees of the sheriff incurred in connection with the prosecution and witnesses' fees and mileage paid or ordered paid by the county including fees of witnesses, cost of transcripts, court appointed counsel fees, filing fees, breathalyzer test fees, blood test fees, and other chemical test fees may be included in the judgment for costs.
Source:
SDC 1939, §34.3709 as added by SL 1943, ch 129; SDCL, §23-48-32; SL 1978, ch 178, §369.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-28 - Entry and docketing of judgment for costs against defendant.

23A-27-28. Entry and docketing of judgment for costs against defendant.
The clerk of courts shall enter judgment for the amount of costs taxed by the court and docket the same as a part of the judgment and such entry and docketing shall be of the same force and effect as if done by the court.
Source:
SDC 1939, §34.3709 as added by SL 1943, ch 129; SDCL, §23-48-33; SL 1978, ch 178, §370.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-29 - Copy of judgment for costs furnished to officer for execution.

23A-27-29. Copy of judgment for costs furnished to officer for execution.
When a judgment has been rendered, a certified copy thereof must forthwith, unless otherwise ordered by the court, be furnished to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its execution.
Source:
SDC 1939, §34.3712; SL 1939, ch 133; SDCL, §23-48-40; SL 1978, ch 178, §371.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-30 - Delivery of defendant and judgment to state correctional facility.

23A-27-30. Delivery of defendant and judgment to state correctional facility.
If the judgment is for imprisonment in a state correctional facility, the sheriff of the county shall, upon receipt of a certified copy of the judgment, take and deliver the defendant to the warden of the state correctional facility. He shall also deliver to the warden or other proper officer a certified copy of the judgment containing the information required pursuant to §23A-27-4.
Source: SDC 1939 & Supp 1960, §34.3715; SDCL §23-48-36; SL 1978, ch 178, §372; SL 1999, ch 35, §2; SL 2007, ch 150, §2; SL 2023, ch 82, §30.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-31 - Sheriff requiring assistance while conveying defendant to prison.

23A-27-31. Sheriff requiring assistance while conveying defendant to prison.
The sheriff or his deputy, while conveying the defendant to his proper prison in execution of a judgment of imprisonment, has the same authority to request the assistance of any citizen in securing the defendant and in retaking him if he escapes, as if the sheriff were in his own county; and every person who refuses or neglects to assist the sheriff, when so requested, is punishable as if the sheriff were in his own county.
Source:
SDC 1939 & Supp 1960, §34.3716; SDCL, §23-48-41; SL 1978, ch 178, §373.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-32 - Restitution plan and statement of crime provided--Presentence investigation report in lieu of statement.

23A-27-32. Restitution plan and statement of crime provided--Presentence investigation report in lieu of statement.
Whenever any person is convicted of a felony, the judge before whom such person is convicted shall furnish the Board of Pardons and Parole with a plan of restitution pursuant to chapter 23A-28. The state's attorney of the county in which the person is convicted shall furnish the warden of the state correctional facility with an official statement of the facts and circumstances constituting the crime whereof the convict has been convicted, with all the information accessible to them in regard to the career of the convict prior to the commission of the crime of which he is convicted, relating to the habits, associates, disposition, and reputation of such convict and any other facts or circumstances which may tend to throw any light upon the question as to whether he is capable of again becoming a law-abiding citizen. If a presentence investigation report has been prepared by a court services officer and contains all information otherwise provided by an official statement, the court services officer shall furnish the report in lieu of an official statement.
Source: SDC 1939 & Supp 1960, §34.3711; SDCL, §23-48-37; SL 1978, ch 178, §374; SL 1981, ch 188; SL 1986, ch 196, §7; SL 2023, ch 82, §31.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-33 - Duties of court reporter and clerk on execution of sentence to state correctional facility.

23A-27-33. Duties of court reporter and clerk on execution of sentence to state correctional facility.
It shall be the duty of the court reporter, when directed by the judge, to write the official statements of the judge and state's attorney referred to in §23A-27-32.
It shall be the duty of the clerk of the court to cause such official statements to be attached to the certified copy of the judgment of conviction to be delivered by the sheriff to the warden of the state correctional facility at the time of the delivery of the convict.
Source: SDC 1939 & Supp 1960, §34.3711; SDCL, §23-48-38; SL 1978, ch 178, §375; SL 2023, ch 82, §32.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-34 - Filing by warden of official statements--Inspection by secretary and Governor.

23A-27-34. Filing by warden of official statements--Inspection by secretary and Governor.
The warden, upon receipt of an inmate, shall safely keep and record the official statements referred to in §23A-27-32 and have the same at all times ready for the inspection of the secretary of corrections and the Governor.
Source:
SDC 1939 & Supp 1960, §34.3711; SDCL, §23-48-39; SL 1978, ch 178, §376; SL 1989, ch 20, §67.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-35 - Suspension of civil rights on sentence to state correctional facility--Prisoner as witness--Restoration of rights--Voting rights.

23A-27-35. Suspension of civil rights on sentence to state correctional facility--Prisoner as witness--Restoration of rights--Voting rights.
A sentence of imprisonment in a state correctional facility for any term suspends the right of the person so sentenced to hold public office, to become a candidate for public office, and to serve on a jury. Any such person so sentenced forfeits all public offices and all private trusts, authority, or power during the term of such imprisonment. Any person who is serving a term in any state correctional facility shall be a competent witness in any action now pending or hereafter commenced in the courts of this state, and the person's deposition may be taken in the same manner prescribed by statute or rule relating to taking of depositions. After a suspension of sentence pursuant to §23A-27-18, upon the termination of the time of the original sentence or the time extended by order of the court, a defendant's rights withheld by this section are restored. However, the voting rights of any person sentenced to imprisonment in a state correctional facility shall be governed by Title 12.
Source: SDC 1939, §34.3708 as added by SL 1939, ch 132; SL 1943, ch 128; SDCL §§23-48-35, 23-57-7; SL 1978, ch 178, §352; SL 2012, ch 82, §2; SL 2023, ch 82, §33.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-36.1 - Sentence to commence after expiration of last sentence of imprisonment.

23A-27-36.1. Sentence to commence after expiration of last sentence of imprisonment.
If a person is convicted of a crime committed while confined in a county or municipal jail, upon conviction, the sentence does not commence to run until the expiration of the last sentence of imprisonment, unless the sentencing court specifically orders otherwise.
Source:
SL 2004, ch 164, §6.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 27 - Sentence And Judgment › Section 23A-27-38 - Guilty but mentally ill finding or plea--Sentence--Treatment.

23A-27-38. Guilty but mentally ill finding or plea--Sentence--Treatment.
If a defendant is found "guilty but mentally ill" or enters that plea and the plea is accepted by the court, the court shall impose any sentence which could be imposed upon a defendant pleading or found guilty of the same charge. If the defendant is sentenced to a state correctional facility, he shall undergo further examination and may be given the treatment that is psychiatrically indicated for his mental illness. If treatment is available, it may be provided through facilities under the jurisdiction of the Department of Social Services. The secretary of corrections may transfer the defendant from the state correctional facility to other facilities under the jurisdiction of the Department of Social Services, with the consent of the secretary of social services, and return the defendant to the state correctional facility after completion of treatment for the balance of the defendant's sentence.
Source: SL 1983, ch 174, §18; SL 1989, ch 21, §47; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011; SL 2023, ch 82, §34.