§ 23A-27-1 (Rule 32(a)(1)) Time of imposition of sentence–Hearing in mitigation or aggravation of punishment–Presentence hearing for juvenile–Restitution
§ 23A-27-1.1 Victim’s oral impact statement to court before sentence imposed–Response of defendant–Victim defined
§ 23A-27-1.2 Notice to victim of hearing to reduce sentence–Address to court by victim–Response by defendant–Continuance
§ 23A-27-1.3 Victim’s written impact statement to court before sentence imposed–Response of defendant–Victim defined
§ 23A-27-2 No forfeiture of property unless expressly imposed
§ 23A-27-3 (Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea
§ 23A-27-4 Contents of judgment–Imprisonment in state correctional facility–Multiple convictions–Discharge–Signature–Filing–Crime qualifier defined
§ 23A-27-4.1 Relief from judgment–Grounds–Time of motion
§ 23A-27-5 (Rule 32(c)(1)) Presentence investigation and report–Contents not disclosed unless defendant convicted
§ 23A-27-6 (Rule 32(c)(2)) Contents of report of presentence investigation
§ 23A-27-7 (Rule 32(c)(3)(A)) Parties’ access to presentence report before sentence imposed–Material kept from defendant–Comments and other evidence received
§ 23A-27-8 (Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence report–Comments received
§ 23A-27-9 (Rule 32(c)(3)(C)) Disclosures from presentence report same for both parties
§ 23A-27-10 Return of presentence report to court services officer–Filing with board of pardons and paroles, state correctional facility, sheriffs, and jail administrators–Use of information upon written order of judge
§ 23A-27-11 (Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere
§ 23A-27-12 (Rule 32(e)) Placement on probation–Exception
§ 23A-27-12.1 Supervision of probationers–Performance of special conditions–Payment of costs
§ 23A-27-12.2 Order suspending imposition of misdemeanor 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
§ 23A-27-13.1 Copy of suspension order forwarded to criminal investigation division
§ 23A-27-13.2 Probationary supervision by court terminated upon imposition of sentence requiring supervision by executive branch
§ 23A-27-14 Discharge and dismissal of probationer on completion of conditions–No judgment entered–Limitation
§ 23A-27-14.1 Revocation or refusal of certificate of teacher, administrator, or other educational professional
§ 23A-27-14.2 Revocation or refusal of gaming or racing license–Conditional license
§ 23A-27-15 Suspension of sentence as conviction for purposes of habitual offender law
§ 23A-27-16 Report to criminal investigation division of discharge and dismissal of probationer–Limited purpose of record
§ 23A-27-17 Sealing of records on discharge of probationer–Effect of order–Future statements by defendant as to conviction
§ 23A-27-18 Suspension of execution of sentence–Conditions
§ 23A-27-18.1 Imprisonment as condition of probation or suspension of sentence–Credit for time
§ 23A-27-18.2 Supervision of person sentenced to county jail or state correctional facility as condition of suspension
§ 23A-27-18.3 Conditions required on probation or suspension of sentence
§ 23A-27-18.4 Suspension of correctional facility sentence–Conditions–Supervision
§ 23A-27-18.5 Continuing jurisdiction to revoke probation or suspended execution of sentence
§ 23A-27-18.6 Maintenance of good disciplinary record and compliance with program requirements
§ 23A-27-18.7 Inmate under suspended sentence considered parolee
§ 23A-27-19 Continuing jurisdiction to suspend sentence–Notice to prosecuting attorney and victim–Supervision–Revocation
§ 23A-27-19.1 Suspension of probationary period–Conditions
§ 23A-27-20 (Rule 32(f)) Hearing required to revoke probation or suspension of sentence–Bail pending hearing
§ 23A-27-20.1 Modification of terms and conditions of probation
§ 23A-27-21 Warrantless arrest and taking into custody of person on probation or with suspended sentence–Conditions
§ 23A-27-21.1 Court services officer–Order authorizing law enforcement officer to aid in arrest or taking into custody
§ 23A-27-21.2 Detainer authorizing detention of probationer to obtain warrant, revocation, bond hearing, or court order
§ 23A-27-24 Execution against property of organization for collection of fine–Duty of officers to pay
§ 23A-27-25 Fines and penalties paid into county treasury–Exceptions–Use for schools
§ 23A-27-25.1 Provisions for payment of fines, costs and restitution, etc.–Community service
§ 23A-27-25.2 Costs and restitution designated as punishment
§ 23A-27-25.3 Failure to comply with conditions of suspended sentence–Defendant to show cause
§ 23A-27-25.4 Default in payment of fine or costs and restitution
§ 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-27-25.6 Fine, costs, or restitution as a lien in civil action–No discharge from imprisonment until full amount paid
§ 23A-27-25.7 Objection to fines or costs–Defendant sentenced to state correctional facility–Hearing
§ 23A-27-25.8 Reduction of fines or costs for work performed–Department of Corrections to track–Defendant responsible for remainder
§ 23A-27-26 Judgment against defendant for costs–Items excluded–Enforcement as civil judgment
§ 23A-27-27 Fees and costs included in judgment for costs against defendant
§ 23A-27-28 Entry and docketing of judgment for costs against defendant
§ 23A-27-29 Copy of judgment for costs furnished to officer for execution
§ 23A-27-30 Delivery of defendant and judgment to state correctional facility
§ 23A-27-31 Sheriff requiring assistance while conveying defendant to prison
§ 23A-27-32 Restitution plan and statement of crime provided–Presentence investigation report in lieu of statement
§ 23A-27-33 Duties of court reporter and clerk on execution of sentence to state correctional facility
§ 23A-27-34 Filing by warden of official statements–Inspection by secretary and Governor
§ 23A-27-35 Suspension of civil rights on sentence to state correctional facility–Prisoner as witness–Restoration of rights–Voting rights
§ 23A-27-36.1 Sentence to commence after expiration of last sentence of imprisonment
§ 23A-27-38 Guilty but mentally ill finding or plea–Sentence–Treatment
§ 23A-27-39 Discharge of guilty but mentally ill defendant by treating facility–Report
§ 23A-27-40 Probation for defendant guilty but mentally ill–Treatment as condition
§ 23A-27-41 Facilities providing treatment for mentally ill probationer–Payment of expense
§ 23A-27-42 Presentence hearing on mental condition
§ 23A-27-43 Mental examination and report before hearing
§ 23A-27-44 Conduct of hearing
§ 23A-27-45 Commitment–Finding–Provisional sentence
§ 23A-27-46 Recovery of defendant–Notice–Final sentencing
§ 23A-27-47 Confidentiality of records–Court order
§ 23A-27-47.1 Motion to access court services records or testimony on court services records–Notice
§ 23A-27-49 Posthumous sentencing of certain defendants
§ 23A-27-50 Substitution of personal representative for appeal purposes
§ 23A-27-51 Procedure for delayed appeal where applicant unconstitutionally denied right of appeal
§ 23A-27-52 Defendant serving in military or veteran
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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 27 - Sentence and Judgment

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • Chambers: A judge's office.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2