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South Dakota Laws > Title 23A > Chapter 27 - Sentence And Judgment

South Dakota Laws > Title 23A > Chapter 27 - Sentence And Judgment


Current as of: 2010
§ 23A-27-1(Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or aggravation of punishment--Evidence received--Restitution
§ 23A-27-1.1Address of court by victim before sentence imposed--Response of defendant--"Victim" defined
§ 23A-27-1.2Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance
§ 23A-27-2No 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(Rule 32(b)(1)) Contents of judgment--Imprisonment in state penitentiary--Multiple convictions--Discharge--Signature--Filing--Crime qualifier defined
§ 23A-27-4.1Relief 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(Rule 32(c)(3)(D)) Return of presentence report to court services officer--Filing with board of pardons and paroles, penitentiary 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-27-12.1Supervision of probationers--Performance of special conditions--Payment of costs
§ 23A-27-13Order suspending imposition of sentence and placing defendant on probation--Eligibility--Revocation of suspension
§ 23A-27-13.1Copy of suspension order forwarded to criminal investigation division
§ 23A-27-14Discharge and dismissal of probationer on completion of conditions--No judgment entered--Limitation to one time
§ 23A-27-14.1Revocation or refusal of teacher certificate
§ 23A-27-14.2Revocation or refusal of gaming or racing license
§ 23A-27-15Suspension of sentence as conviction for purposes of habitual offender law
§ 23A-27-16Report to criminal investigation division of discharge and dismissal of probationer--Limited purpose of record
§ 23A-27-17Sealing of records on discharge of probationer--Effect of order--Future statements by defendant as to conviction
§ 23A-27-18Suspension of execution of sentence--Conditions
§ 23A-27-18.1Imprisonment for specific period as condition of probation or suspension of sentence--Credit for time
§ 23A-27-18.2Supervision of person sentenced to county jail or state penitentiary as condition of suspension
§ 23A-27-18.3Conditions required on probation or suspension of sentence
§ 23A-27-18.4Suspension of penitentiary sentence--Conditions--Supervision
§ 23A-27-18.5Continuing jurisdiction to revoke probation or suspended execution of sentence
§ 23A-27-19Continuing jurisdiction to suspend sentence--Notice to prosecuting attorney and victim--Supervision--Revocation
§ 23A-27-19.1Suspension of probationary period--Conditions
§ 23A-27-20(Rule 32(f)) Hearing required to revoke probation or suspension of sentence--Bail pending hearing
§ 23A-27-20.1Modification of terms and conditions of probation
§ 23A-27-21Report on failure to meet conditions of suspension or probation--Arrest and detention for hearing--Disposition by court
§ 23A-27-24Execution against property of organization for collection of fine--Duty of officers to pay
§ 23A-27-25Fines and penalties paid into county treasury--Exceptions--Use for schools
§ 23A-27-25.1Provisions for payment of fines, costs and restitution, etc.--Community service
§ 23A-27-25.2Costs and restitution designated as punishment
§ 23A-27-25.3Failure to comply with conditions of suspended sentence--Defendant to show cause
§ 23A-27-25.4Default in payment of fine or costs and restitution
§ 23A-27-25.5Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served
§ 23A-27-25.6Fine, costs, or restitution as a lien in civil action--No discharge from imprisonment until full amount paid
§ 23A-27-26Judgment against defendant for costs--Items excluded--Enforcement as civil judgment
§ 23A-27-27Fees and costs included in judgment for costs against defendant
§ 23A-27-28Entry and docketing of judgment for costs against defendant
§ 23A-27-29Copy of judgment for costs furnished to officer for execution
§ 23A-27-30Delivery of defendant and judgment to penitentiary
§ 23A-27-31Sheriff requiring assistance while conveying defendant to prison
§ 23A-27-32Restitution plan and statement of crime provided--Presentence investigation report in lieu of statement
§ 23A-27-33Duties of court reporter and clerk on execution of sentence to penitentiary
§ 23A-27-34Filing by warden of official statements--Inspection by secretary and Governor
§ 23A-27-35Suspension of civil rights on sentence to penitentiary--Prisoner as witness--Restoration of rights on suspension or termination of sentence
§ 23A-27-36.1Sentence to commence after expiration of last sentence of imprisonment
§ 23A-27-38Guilty but mentally ill finding or plea--Sentence--Treatment
§ 23A-27-39Discharge of guilty but mentally ill defendant by treating facility--Report
§ 23A-27-40Probation for defendant guilty but mentally ill--Treatment as condition
§ 23A-27-41Facilities providing treatment for mentally ill probationer--Payment of expense
§ 23A-27-42Presentence hearing on mental condition
§ 23A-27-43Mental examination and report before hearing
§ 23A-27-44Conduct of hearing
§ 23A-27-45Commitment--Finding--Provisional sentence
§ 23A-27-46Recovery of defendant--Notice--Final sentencing
§ 23A-27-47Confidentiality of records
§ 23A-27-49Posthumous sentencing of certain defendants
§ 23A-27-50Substitution of personal representative for appeal purposes
§ 23A-27-51Procedure for delayed appeal where applicant unconstitutionally denied right of appeal

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Questions & Answers: Punishments and Sentencing

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South Dakota Laws: Punishments and Sentencing

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South Dakota Laws > Title 23A > Chapter 27 - Sentence And Judgment
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