Title 23A, CRIMINAL PROCEDURE

There is hereby established a response grid oversight committee to consider recommendations to the graduated response grid and make such changes as the committee determines appropriate by majority vote. The committee shall be appointed by the Chief Justice of the South Dakota Sup…

Nothing in §§ 23A-48-4 to 23A-48-14 , inclusive, shall be construed to limit the sentencing court's ability to respond to a probation violation or modify the terms and conditions of probation. Source: SL 2014, ch 258 (Supreme Court Rule 13-16 , § 11), eff. Jan. 1, 2014.

Pursuant to the South Dakota Public Safety Improvement Act the Supreme Court establishes the following criteria and procedure for awarding earned credits for discharge from probation. Source: SL 2014, ch 257 (Supreme Court Rule 13-15 , § 1), eff. Jan. 1, 2014.

Definitions for the purposes of determining earned discharge credits: A. Absconded. The term absconded means to be absent from the offender's approved place of residence or employment with the intent of avoiding supervision. When there is reason to believe that an offender has ab…

Any probationer serving a term of supervised probation as the result of a sex offense under § 22-24B-1 , a violation of the sex offender registry requirements, or a violation of community safety zone requirements is not eligible for earned discharge credits under §§ 23A-48-15 to …

Except as set forth in § 23A-48-17 , a probationer who has a term of supervised probation of six months or more as of January 1, 2014 shall be eligible for earned discharge credit as set forth in § 23A-48-19 regardless of the date of conviction. Source: SL 2014, ch 257 (Supreme C…

A probationer shall be awarded earned discharge credits while on supervised probation as follows: (1) For each full calendar month of compliance with the terms of supervised probation an earned discharge credit of 30 days shall be awarded to a probationer. Each earned discharge c…

Adult probation supervision shall include: (1) Use of a normed and validated risk and needs assessment measuring criminal risk factors, specific individual needs and driving variable supervision levels; (2) Use of assessment results to guide targeted supervision responses consist…

Within ten days following the end of the month, a supervising court services officer shall report to the chief court services officer for the judicial circuit the name of any probationer eligible for an award of earned discharge credit and whether an earned discharge credit was a…

A probationer who objects to a supervising court services officer's determination that the probationer is ineligible for the award of earned discharge credit may seek review of that decision with the chief court services officer for the judicial circuit. Review of the denial of e…

Earned discharge credits are not revocable once awarded. However, nothing in §§ 23A-48-15 to 23A-48-22 , inclusive, limits the sentencing court's authority to modify the terms and conditions of probation. Source: SL 2014, ch 257 (Supreme Court Rule 13-15 , § 8), eff. Jan. 1, 2014…

"Adult probation change plan" means an individualized, documented accountability and behavior change strategy that: (1) Matches the type and intensity of supervision to the assessed risk of reoffending; (2) Targets and prioritizes the specific criminal risk factors of the individ…

Pursuant to § 16-22-13 , the Supreme Court hereby adopts the following graduated response grid and rules to guide court services officers in determining the appropriate response to a violation of conditions of probation. It is the policy of the Unified Judicial System that violat…

The response grid in Appendix A to this chapter is hereby adopted for statewide use by court services officers. The response grid shall be utilized statewide for all adult cases supervised through court services. Sections 23A-48-4 to 23A-48-14 , inclusive, do not apply to probati…

Court services officers are encouraged to provide incentives for compliance with the conditions of probation and acknowledge achievements to reinforce positive behavior. Source: SL 2014, ch 258 (Supreme Court Rule 13-16 , § 3), eff. Jan. 1, 2014.

Except as stated in § 23A-48-5 the response grid shall be made a standard condition of probation and a probationer shall be informed that they may seek review of any moderate or serious sanction imposed by requesting review by the chief court services officer for the judicial cir…

The response grid applies to conduct that is a violation of the terms and conditions of probation including an arrest for a misdemeanor offense. If a probationer is arrested for a felony, the court services officer shall submit a probation violation report to the prosecuting atto…

A court services officer shall respond to a violation through the application of the grid by utilizing the appropriate cells based on the probationer's risk level and the type of violation. The imposition of sanctions within a grid cell is vested to the discretion of the supervis…