Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
SDCL § 23A-28-1 Policy of state--Enforcement of order
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It is the policy of this state that restitution shall be made by each violator of the criminal laws to the victims of the violator's criminal activities to the extent that the violator is reasonably able to do so. An order of restitution may be enforced by the state or a victim n…
SDCL § 23A-28-10 Repealed by SL 1986, ch 196 , § 5 23A-28-11 Community service restitution--Plan preparation, approval and modification--Recipients exempt from providing reemployment assistance and workers' compensation insurance and certain civil liability
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23A-28-12 Minor victim's medical, psychological or psychiatric treatment or foster care--Sentence requiring payment. 23A-28-13 Unlawful taking of money from store or mercantile establishment. 23A-28-14 Release of certain information to victims of delinquent act of juvenile. 23A-2…
SDCL § 23A-28-11 Community service restitution--Plan preparation, approval and modification--Recipients exempt from providing reemployment assistance and workers' compensation insurance and certain civil liability
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If the sentencing court orders suspended imposition of sentence, suspended sentence, or probation, the court may require as a condition that the defendant, in cooperation with the court services officer assigned to the defendant, promptly prepare a plan of community service resti…
SDCL § 23A-28-12 Minor victim's medical, psychological or psychiatric treatment or foster care--Sentence requiring payment
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Anyone convicted under subdivision 22-22-1 (1) or (5), § 22-22-7 , subdivision 22-49-2 (2), § 22-22-24.3 , or § 26-10-1 shall be required as part of the sentence imposed by the court to pay all or part of the cost of any necessary medical, psychological, or psychiatric treatment,…
SDCL § 23A-28-13 Unlawful taking of money from store or mercantile establishment
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Any adult or emancipated minor as defined in § 25-5-24 or the parents or guardian of any unemancipated minor, or any employee of any store or mercantile establishment who takes possession of any money belonging to the store or other mercantile establishment without the consent of…
SDCL § 23A-28-14 Release of certain information to victims of delinquent act of juvenile
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Upon written request of the victim of any act of juvenile delinquency, the prosecuting attorney shall provide the name and address of any child adjudicated to have committed the delinquent act and the name and address of the child's parents, guardian, or custodian. The term, vict…
SDCL § 23A-28-15 Support for minor child victim--Vehicular homicide of parent
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If a defendant is convicted of vehicular homicide pursuant to § 22-16-41 and the deceased victim of the offense was a parent of a minor child, the sentencing court may order the defendant to pay restitution to each of the victim's children until each child reaches age eighteen, o…
SDCL § 23A-28-2 Definition of terms
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Terms used by this chapter mean: (1) "Community service restitution," public service work provided under court order that benefits the general public which includes: charitable agencies, governmental agencies, educational institutions, the handicapped, the elderly, the ecology, t…
SDCL § 23A-28-3 Plan of restitution--Present inability to make restitution--No pecuniary damages suffered--Hearing--Condition of parole
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If the sentencing court orders the defendant to the county jail, suspended imposition of sentence, suspended sentence, or probation, the court may require as a condition that the defendant, in cooperation with the court services officer assigned to the defendant, promptly prepare…
SDCL § 23A-28-4 Submission of restitution plan to court--Approval or modification
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The defendant's plan of restitution and the comments of defendant's court services officer shall be submitted promptly to the court. The court shall promptly enter an order approving the plan or modifying it and providing for restitution payments to the extent that the defendant …
SDCL § 23A-28-5 Factors considered in formulating restitution plan
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The court services officer when assisting the defendant in preparing the plan of restitution and the court before approving or modifying the plan of restitution shall consider the physical and mental health and condition of the defendant, the defendant's age, the defendant's educ…
SDCL § 23A-28-6 Notice to victims of restitution plan--Civil action against defendant
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The court services officer shall provide each known victim a copy of the court's order approving or modifying the plan of restitution for any defendant not serving his sentence in a state correctional facility. The executive director of the Board of Pardons and Paroles shall prov…
SDCL § 23A-28-7 Compliance with restitution plan as condition of probation or suspension--Payments to clerk
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Compliance with the plan of restitution as approved or modified by the court shall be a condition of the defendant's probation or suspension. Restitution payments shall be made to the office of the clerk unless otherwise ordered by the court. Source: SL 1978, ch 177 , § 2; SDCL S…
SDCL § 23A-28-8 Failure to comply as violation of conditions of probation--Modification of plan by court--Contempt
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Failure of the defendant to comply with § 23A-28-3 or to comply with the plan of restitution as approved or modified by the court constitutes a violation of the conditions of probation. Without limitation, the court may modify the plan of restitution or extend the period of time …
SDCL § 23A-28-9 Civil remedies of victims unimpaired--Restitution payments set off
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Proceedings under this chapter do not limit or impair the rights of victims to sue and recover damages from the defendant in a civil action. However, any restitution payment by the defendant to a victim shall be set off against any judgment in favor of the victim in a civil actio…