Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
For the purposes of this section, the term "personal electronic device" means any portable electronic device that is designed for and capable of wireless communication or electronic data retrieval, including a cellular telephone, tablet, laptop, computer, or two-way messaging device
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Source: SL 2024, ch 92 , § 1.
The court retains jurisdiction to raise or lower the required period of imprisonment within the sentence otherwise allowed by law
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Any such imprisonment, either in the county jail or state correctional facility, shall be credited toward any incarceration imposed upon any subsequent revocation of a suspended imposition or execution of sentence. During any such imprisonment the defendant shall be subject to al…
If the defendant violates any conditions of probation, the court shall revoke the deferred imposition of sentence and impose and execute the sentence
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No person who has previously been granted a deferred imposition of sentence is eligible to be granted a second deferred imposition of sentence. A defendant is ineligible for the deferred imposition of sentence under this section if aggravating circumstances exist as defined by §
SDCL 22-4A-1
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Source: SDC 1939, § 34.3709; SL 1943, ch 129 ; SDCL § 23-48-14; SL 1978, ch 178 , § 336; SL 1984, ch 180 , § 1; SL 1987, ch 175 ; SL 2007, ch 150 , § 1; SL 2023, ch 82 , § 23.
A defendant serving a sentence under the supervision of the executive branch is not eligible for a deferred imposition of sentence
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Source: SL 2017, ch 92 , § 2; SL 2019, ch 116 , § 1.
However, the costs shall not include items of governmental expense such as juror's fees, bailiff's fees, salaries and expenses of special agents, and reporter's per diem
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Payment of costs may be enforced as a civil judgment against the defendant. Source: SDC 1939, § 34.3709; SL 1943, ch 129 ; SDCL, § 23-48-31; SL 1978, ch 178 , § 368; SL 1982, ch 186 , § 3.
SDCL § 23A-27-1 (Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or aggravation of punishment--Presentence hearing for juvenile--Restitution
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Sentences shall be imposed without unreasonable delay, but not within forty-eight hours after determination of guilt. A defendant may waive the forty-eight hour delay. Before imposing a sentence, a court may order a hearing in mitigation or aggravation of punishment. If the defen…
SDCL § 23A-27-1.1 Victim's oral impact statement to court before sentence imposed--Response of defendant--Victim defined
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If a defendant has been convicted of an A, B, or C felony, upon request to the court by a victim and before imposing sentence on a defendant, the victim has the right to orally address the court concerning the emotional, physical, and monetary impact of the defendant's crime upon…
SDCL § 23A-27-1.2 Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance
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If a reduction of a previously imposed sentence requiring time to be served in a state correctional facility is proposed for consideration, the state's attorney in the county where the offense was committed shall notify the victim, at the victim's last known address, of the heari…
SDCL § 23A-27-1.3 Victim's written impact statement to court before sentence imposed--Response of defendant--Victim defined
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If a defendant has been convicted of an A, B, or C felony, upon request to the court by a victim and before imposing sentence on a defendant, a victim has a right to address the court in writing concerning the emotional, physical, and monetary impact of the defendant's crime upon…
SDCL § 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
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Immediately following the imposition of sentence or the granting of probation, the defendant or the defendant's counsel and the prosecuting attorney shall return to the court services officer any presentence investigation report made available to the parties. When a person is sen…
SDCL § 23A-27-11 (Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere
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A motion to withdraw a plea of guilty or nolo contendere may be made only before sentence is imposed or imposition of sentence is suspended; but to correct manifest injustice a court after sentence may set aside a judgment of conviction and permit the defendant to withdraw his pl…
SDCL § 23A-27-12 (Rule 32(e)) Placement on probation--Exception
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After conviction of an offense not punishable by death or life imprisonment, a defendant may be placed on probation. No person who has been previously convicted for a crime of violence as defined in subdivision § 22-1-2(9) may be placed on probation if his second or subsequent fe…
SDCL § 23A-27-12.1 Supervision of probationers--Performance of special conditions--Payment of costs
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Upon receipt of an order that a defendant has been placed on probation to the court service department, the chief court services officer shall immediately assign the defendant to a court services officer for probation supervision. All such probationers shall cooperate fully with …
SDCL § 23A-27-12.2 Order suspending imposition of misdemeanor sentence and placing defendant on probation--Eligibility--Revocation of suspension
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Upon receiving a verdict or plea of guilty for a misdemeanor, a court having jurisdiction of the defendant, if satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may, without entering a judgment of guilt, and wi…
SDCL § 23A-27-13.1 Copy of suspension order forwarded to criminal investigation division
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Within fifteen days of the filing of a written order suspending imposition of sentence pursuant to § 23A-27-13 the court shall forward a nonpublic record of the sentence to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6 which shall be retained until dis…
SDCL § 23A-27-13.2 Probationary supervision by court terminated upon imposition of sentence requiring supervision by executive branch
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If a defendant is serving a probationary sentence under the supervision of the Unified Judicial System and the same or any other sentencing court imposes a sentence on the defendant requiring supervision by the executive branch, other than as provided under § 23A-27-18.1 or 23A-2…
SDCL § 23A-27-13.3 Suspended imposition of felony sentence--No eligibility for certain rape offenses--Exclusion
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No person who has been convicted of, or pled guilty or nolo contendere to, rape under subdivision 22-22-1 (2) or (3) may be granted a suspended imposition of sentence under §
SDCL § 23A-27-14 Discharge and dismissal of probationer on completion of conditions--No judgment entered--Limitation
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Upon completion of the observance of all conditions imposed pursuant to § 23A-27-12.2 or 23A-27-13 , the court services officer assigned to the defendant's case or the defendant shall bring the matter to the attention of the court, whereupon the defendant shall be discharged by t…
SDCL § 23A-27-14.1 Revocation or refusal of certificate of teacher, administrator, or other educational professional
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Notwithstanding §§ 23A-27-14 and 23A-27-17 , any person who has received an order pursuant to § 23A-27-13 who is licensed or seeks to be licensed pursuant to chapter 13-42 may have the person's application refused or license revoked as provided in chapters 13-42 and 13-43 . Sourc…
SDCL § 23A-27-14.2 Revocation or refusal of gaming or racing license--Conditional license
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Notwithstanding §§ 23A-27-14 and 23A-27-17 , a person who has received an order pursuant to the provisions of § 23A-27-13 for a felony offense, who is licensed or seeks to be licensed by the South Dakota Commission on Gaming pursuant to the provisions of § 42-7B-22 or subdivision…
SDCL § 23A-27-15 Suspension of sentence as conviction for purposes of habitual offender law
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For the sole purposes of consideration of the sentence of a defendant for subsequent offenses or the determination of whether the defendant is an habitual offender under chapter 22-7 , the fact of suspension of imposition of sentence under § 23A-27-13 , whether or not discharge a…
SDCL § 23A-27-16 Report to criminal investigation division of discharge and dismissal of probationer--Limited purpose of record
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Any discharge and dismissal under § 23A-27-14 shall be reported to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6 . The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation which shall be retained solely for us…
SDCL § 23A-27-17 Sealing of records on discharge of probationer--Effect of order--Future statements by defendant as to conviction
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Upon the discharge and dismissal of a person pursuant to § 23A-27-14 , a court shall order that all official records, other than the nonpublic records to be retained by the Division of Criminal Investigation, be sealed along with all records relating to the person's arrest, indic…
Imprisonment as condition of probation or suspension of sentence--Credit for time
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The conditions of probation imposed pursuant to § 23A-27-12 or 23A-27-13 or the conditions of suspension of execution imposed pursuant to § 23A-27-18 , may include the requirement that the defendant be imprisoned in the county jail for no more than one hundred eighty days, except…
SDCL § 23A-27-18.2 Supervision of person sentenced to county jail or state correctional facility as condition of suspension
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A person who is sentenced to a county jail as a condition of suspended imposition of sentence, suspended sentence, or suspended execution of sentence, is under the supervision of the court services officer assigned by the court having jurisdiction of the person. A person sentence…
SDCL § 23A-27-18.3 Probation or suspension of sentence--Required and authorized conditions
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The conditions of probation imposed pursuant to § 23A-27-12 or 23A-27-13 , or the conditions of a suspension of execution imposed pursuant to § 23A-27-18 , shall provide, in addition to any other conditions and as an explicit condition of probation, suspended imposition of senten…
Suspension of correctional facility sentence--Conditions--Supervision
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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 parti…
SDCL § 23A-27-18.5 Continuing jurisdiction to revoke probation or suspended execution of sentence
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Any court granting probation or a suspended execution of sentence retains jurisdiction to revoke the probation or suspended execution of sentence for violation of its terms and conditions. Source: SL 2010, ch 129 , § 1.
SDCL § 23A-27-18.6 Maintenance of good disciplinary record and compliance with program requirements
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In addition to any conditions imposed by the sentencing judge, an inmate under the supervision of the Department of Corrections and the Board of Pardons and Paroles pursuant to § 23A-27-18.4 or 23A-27-19 shall maintain a good disciplinary record and comply with all programming re…
SDCL § 23A-27-18.7 Inmate under suspended sentence considered parolee
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If an inmate is under the supervision of the Department of Corrections and the Board of Pardons and Paroles as directed in §§ 23A-27-18.4 and 23A-27-19 , the inmate is considered a parolee and is governed by the supervision and revocation provisions of chapters 24-15 and 24-15A .…
SDCL § 23A-27-19 Continuing jurisdiction to suspend sentence--Notice to prosecuting attorney and victim--Supervision--Revocation
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The sentencing court retains jurisdiction for the purpose of suspending any sentence for a period of two years from the effective date of the judgment of conviction, notwithstanding the fact that the time for an appeal from such judgment is limited to a shorter period of time. Th…
SDCL § 23A-27-19.1 Suspension of probationary period--Conditions
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The running of a probationer's probationary period shall be suspended under the following conditions: (1) If the probationer absconds from supervision; (2) If the probationer is in violation of any of the terms and conditions of probation unless a sanction has been imposed for th…
SDCL § 23A-27-2 No forfeiture of property unless expressly imposed
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No conviction of any person for a public offense works any forfeiture of any property except in cases in which a forfeiture is expressly imposed by law. Source: SDC 1939, § 13.0614; SDCL, § 23-48-29; SL 1978, ch 178 , § 333.
SDCL § 23A-27-20 (Rule 32(f)) Hearing required to revoke probation or suspension of sentence--Bail pending hearing
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A court shall not revoke a probation or a suspension of imposition of sentence, except after a hearing at which the defendant shall be present and apprised of the grounds on which such action is proposed. A defendant may be admitted to bail pending such hearing. Source: SL 1978, …
SDCL § 23A-27-20.1 Modification of terms and conditions of probation
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The court, upon notice to the probationer, a hearing and good cause, shown, may modify the terms and conditions of a probation which may include extending the probationary period. Source: SL 1979, ch 159 , § 20B.
SDCL § 23A-27-21 Warrantless arrest and taking into custody of person on probation or with suspended sentence--Conditions
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A court services officer may arrest and take into custody a person on probation or suspended sentence without a warrant if that court services officer has probable cause to believe that: (1) The person has violated the terms and conditions of suspension or probation; (2) The pers…
SDCL § 23A-27-21.1 Court services officer--Order authorizing law enforcement officer to aid in arrest or taking into custody
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A court services officer may issue a verbal or written order authorizing a law enforcement officer to aid a court services officer in making an arrest or taking a person into custody pursuant to §
SDCL § 23A-27-21.2 Detainer authorizing detention of probationer to obtain warrant, revocation, bond hearing, or court order
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If a court services officer has probable cause to believe a person on probation has violated the terms and conditions of probation, the court services officer may issue a detainer authorizing anyone having the person in custody to detain the person for up to forty-eight hours, ex…
SDCL § 23A-27-24 Execution against property of organization for collection of fine--Duty of officers to pay
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When a fine is imposed upon an organization, it may be collected by virtue of the sentence imposing it, by the sheriff of the county, out of the real and personal property of the organization, in the same manner as upon execution in a civil action. It is the duty of the individua…
SDCL § 23A-27-25 Fines and penalties paid into county treasury--Exceptions--Use for schools
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Except as provided below, all fines and pecuniary penalties collected for the violation of any state law must be paid into the treasury of the proper county, the net proceeds of which must be applied and used each year for the benefit of the public schools of this state. This sec…
SDCL § 23A-27-25.1 Provisions for payment of fines, costs and restitution, etc.--Community service
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If a defendant sentenced to be imprisoned or jailed has part or all of his imprisonment or jail time suspended upon conditions that include payment of a fine, costs, and restitution, or any of them, or if a defendant is sentenced to pay a fine, costs, and restitution, or any of t…
SDCL § 23A-27-25.2 Costs and restitution designated as punishment
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In any case in which they are imposed, costs and restitution are a portion of the punishment. Source: SL 1989, ch 211 , § 5.
SDCL § 23A-27-25.3 Failure to comply with conditions of suspended sentence--Defendant to show cause
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If a defendant sentenced to be imprisoned or jailed has part or all of the imprisonment or jail time suspended upon conditions that include that he pay a fine, costs, or restitution and fails to comply with any of these conditions, the court may, upon its own motion or upon motio…
SDCL § 23A-27-25.4 Default in payment of fine or costs and restitution
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If a defendant sentenced to pay a fine, costs, or restitution, defaults in the timely payment thereof, the court may, upon its own motion or upon motion of the state's attorney, require the defendant to show cause why he should not be imprisoned or jailed for nonpayment. The cour…
SDCL § 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
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No defendant may be imprisoned or jailed for failure to pay a fine, costs, or restitution or have any suspended prison or jail sentence revoked without a prior hearing. At the hearing, the defendant has the burden of proof to establish to the reasonable satisfaction of the magist…
SDCL § 23A-27-25.6 Fine, costs, or restitution as a lien in civil action--No discharge from imprisonment until full amount paid
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If the sentence includes a fine, costs, or restitution, execution may issue thereon as a judgment against the convicted defendant in a civil action. Such a judgment is a lien and may be docketed and collected in the same manner. If the defendant is in default on payment, the levy…
SDCL § 23A-27-25.7 Objection to fines or costs--Defendant sentenced to state correctional facility--Hearing
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If the sentencing court orders a defendant to a state correctional facility and the defendant objects at sentencing to the fines or costs imposed as a portion of the punishment on the basis the defendant will be ineligible to receive a wage for work performed while incarcerated b…
SDCL § 23A-27-25.8 Reduction of fines or costs for work performed--Department of Corrections to track--Defendant responsible for remainder
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If the sentencing court finds good cause to reduce the fees or costs imposed under § 23A-27-25.7 , the court shall issue an order stating that the defendant shall be credited the current rate of pay for institutional work assignments against the fines or costs imposed in the prio…
Cost of digital forensic examination--Convicted defendant to reimburse--Cost capped--Deposit--"Personal electronic device" defined
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A person convicted of a felony or misdemeanor shall, as part of the sentence imposed by the court, pay for the reimbursement of the cost of any digital forensic examination performed on any personal electronic device in the investigation and prosecution of the crime for which the…