Title 16, COURTS AND JUDICIARY

The Supreme Court shall establish rules pursuant to § 16-3-1 to develop a graduated sanctions procedure and grid to guide court services officers in determining the appropriate response to a violation of conditions of probation. The graduated sanctions program shall use short jai…

The State Court Administrator's Office shall report semiannually to the oversight council the number and percentage of probationers who received a graduated sanction. Source: SL 2013, ch 101 , § 17, eff. Oct. 1, 2013.

Any person who exercises supervision over a probationer pursuant to § 23A-27-12.1 or provides intervention services to any probationer shall receive sufficient training on evidence-based practices, how to target criminal risk factors to reduce recidivism, recognizing the signs an…

If a probationer is sentenced to a term of imprisonment in a state correctional facility, the Unified Judicial System shall transfer the case history of the probationer including the results of a risk and needs assessment conducted on the probationer to the Department of Correcti…

The Supreme Court shall establish rules pursuant to § 16-3-1 for the criteria and procedure for earning and awarding earned credits for discharge from probation. Source: SL 2013, ch 101 , § 22.

The State Court Administrator's Office shall oversee the award of earned discharge credits of at least fifteen days for each month a probationer is in compliance with the terms and conditions of supervision. Source: SL 2013, ch 101 , § 23.

Each offender placed on felony probation for a term of at least six months, except an offender placed on probation for a conviction of a sex offense as defined in § 22-24B-1 , or a violation of sex offender registry requirements, or a violation of community safety zone requiremen…

The Chief Justice shall establish an advisory council to address the operational, coordination, resource, information management, and evaluation needs of the drug courts. Source: SL 2013, ch 101 , § 2.

The State Court Administrator's Office shall provide semiannually to the oversight council the number and percent of probationers who qualify for earned discharge credits and the average amount of credits earned by offenders. Source: SL 2013, ch 101 , § 25.

There is hereby established an oversight council responsible for monitoring and reporting performance and outcome measures related to the provisions set forth in this chapter. The Unified Judicial System shall provide staff support for the council. Source: SL 2013, ch 101 , § 67.

The oversight council shall be composed of thirteen members. The Governor shall appoint four members, including one member from the Board of Pardons and Paroles, one member from the Department of Corrections, one member from the Department of Social Services, and one additional m…

The oversight council shall meet within ninety days after appointment and shall meet at least semiannually thereafter. The oversight council terminates five years after its first meeting, unless the Legislature, by joint resolution, continues the oversight council for a specified…

Treatment and intervention programs, as used in this section, mean substance abuse, mental health, or cognitive based treatment received by probationers or parolees. All treatment and intervention programs for parolees and probationers shall be intended to reduce recidivism as de…

There is hereby established the alternative care program to be administered by the Unified Judicial System. The Unified Judicial System shall award grants to nonprofit entities within the State of South Dakota that provide indigent adults with extended residential alternative car…

The Unified Judicial System shall initiate a request for proposal and publicize the availability of the grant funding and any procedures for obtaining grants pursuant to § 16-22-25 . Source: SL 2015, ch 120 , § 2, eff. Mar. 19, 2015.

The recipient of any such grant shall prepare a report containing information on the results and outcomes for program participants including: completion rates, termination rates, graduation rates, and recidivism data. The report shall be submitted to the Legislature no later than…

The Unified Judicial System, for probation, and the Department of Corrections, for parole, shall each revise the respective agency's policies for probation and parole requiring a minimum sanction of some period of incarceration for a urinalysis test that is positive for a control…

A parolee or probationer who is eligible for earned discharge credits and serving a sentence or sentences exclusively subject to presumptive probation pursuant to § 22-6-11 , regardless of date of offense, shall be discharged from probation or parole supervision upon completion o…

For the purposes of this chapter, a drug court is a court supervised alternative to incarceration and includes drug, driving under influence, and other specialty court dockets aimed at increasing offender accountability and decreasing recidivism. Source: SL 2013, ch 101 , § 3.

The Unified Judicial System and the Department of Corrections shall annually submit a report to the oversight council which includes aggregate statistics on the number of probation or parole infractions and the sanction for each. The report shall also include a summary of the inc…

The Interstate Drug Trafficking Task Force shall quarterly submit a report to the chair of the oversight council which includes aggregate statistics on the number of arrests made by the task force, the underlying felonies for those arrests, and the amount of drugs seized by the t…

The Supreme Court may establish a drug court program in any court that has jurisdiction over criminal cases. Source: SL 2013, ch 101 , § 4.

The Supreme Court shall establish rules pursuant to § 16-3-1 for the eligibility criteria for participation in a drug court. No offender participating in a drug court is entitled to earned discharge on probation pursuant to § 16-22-17 . Source: SL 2013, ch 101 , § 5.

South Dakota drug courts shall adhere to the following ten key components in order to maintain the fidelity and preserve the structural integrity of such programs: Key Component 1: Drug courts integrate alcohol and other drug treatment services with justice system case processing…

The State Court Administrator's Office, in consultation with the Statewide Drug Court Advisory Board, shall implement statewide standards and guidelines in accordance with the ten key components to ensure the effectiveness and maintain the fidelity of the drug courts. Source: SL …

The State Court Administrator's Office, in consultation with the Statewide Drug Court Advisory Board, shall implement statewide standards in accordance with "Adult Drug Court Best Practice Standards," published by the National Association of Drug Court Professionals. Source: SL 2…

Nothing contained in this section may be construed to permit a judge to impose, modify, or reduce a sentence below the minimum sentence required by law. No statement made by a drug court participant in connection with the court's program or directives, nor any report made by the …

For any person admitted to a drug court, as defined in § 16-22-3 , a sanction may include the imposition of jail time and this sanction may be imposed irrespective of § 23A-27-18.1 . However, any jail term shall be credited toward any incarceration imposed upon a subsequent revoc…

The Unified Judicial System shall semiannually report performance measures on drug courts to the oversight council. Source: SL 2013, ch 101 , § 7.

The Supreme Court is authorized to establish South Dakota HOPE probation programs in any court that has jurisdiction over criminal cases. Source: SL 2013, ch 101 , § 9, eff. Jan. 1, 2014; SL 2016, ch 113 , § 1.

Any magistrate court with a magistrate judge presiding may, upon assignment of the presiding judge of the circuit, act in lieu of a circuit court judge having jurisdiction to administer and preside over a HOPE probation program established under § 16-22-8 . Source: SL 2018, ch 12…

The Supreme Court shall establish rules pursuant to § 16-3-1 for the programs consistent with the following components, modeled after the national HOPE court initiative: (1) Involvement and commitment of criminal justice officials including judges, state's attorneys, defense atto…