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.

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Terms Used In South Dakota Codified Laws 23A-27-18.4

  • 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.
  • 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.

Source: SL 2010, ch 129, § 3; SL 2023, ch 82, § 28.