South Dakota Codified Laws 16-22-1. Definitions
Terms used in chapters 1-15, 1-54, 16-14, 16-22, 23A-27, 23A-47, 24-15, 24-15A, and 32-23 mean:
(1) “Alcohol or drug accountability program,” the 24/7 program or the HOPE program described in §§ 16-22-8 and 16-22-9;
Terms Used In South Dakota Codified Laws 16-22-1
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) “Board,” the Board of Pardons and Paroles;
(3) “Case plan,” an individualized, documented accountability and behavior change strategy that:
(a) Matches the type and intensity of supervision to the assessed risk of reoffending;
(b) Targets and prioritizes the specific criminal risk factors of the individual, with attention to addressing barriers to learning and participation; and
(c) Establishes a timetable for achieving specific behavioral goals, including a schedule for payment of victim restitution, child support, and other financial obligations;
(4) “Court-ordered financial obligation,” money that an offender is required to pay and can include restitution, fines, costs, and fees, but does not include child support payments;
(5) “Criminal risk factors,” characteristics and behaviors that, when addressed or changed, affect a person‘s risk for committing crimes. The term includes: antisocial behavior; antisocial personality; criminal thinking; criminal associates; dysfunctional family; low levels of employment or education; poor use of leisure and recreation; and substance abuse;
(6) “Department,” the Department of Corrections;
(7) “Evidence-based practices,” supervision policies, procedures, and practices and treatment and intervention programs and practices that scientific research demonstrates reduce recidivism among individuals under correctional supervision;
(8) “Outcome measure,” a metric that captures an agency’s effectiveness in impacting a condition within the population served or condition of public safety;
(9) “Oversight council,” the council established by § 16-22-21;
(10) “Parolee,” an offender under parole or suspended sentence supervision by the Department of Corrections;
(11) “Performance measure,” a metric that captures agency performance on critical variables that are central to accomplishing the agency mission and goals within this chapter;
(12) “Recidivism,” a return to prison within three years of release due to a parole or suspended sentence violation or due to a prison sentence as a result of a new felony conviction. However, for the purposes of §§ 16-22-3, 16-22-15, and 16-22-24, the term means being convicted of a felony while on probation supervision or within three years after discharge from probation;
(13) “Risk and needs assessment review,” an examination of the results of a validated risk and needs assessment;
(14) “Secretary,” the secretary of the Department of Corrections;
(15) “Treatment,” when used in a criminal justice context, targeted interventions that focus on criminal risk factors in order to reduce the likelihood of criminal behavior and reflect evidence based practices;
(16) “Validated risk and needs assessment,” an actuarial tool scientifically proven to determine a person’s risk to reoffend and criminal risk factors, that when addressed, can reduce the person’s likelihood of engaging in future criminal behavior.
Source: SL 2013, ch 101, § 1.