Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
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…
SDCL § 23A-27-26 Judgment against defendant for costs--Items excluded--Enforcement as civil judgment
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In all criminal actions, upon conviction of the defendant, the court may adjudge that the defendant pay the whole or any part of the costs of that particular prosecution in addition to the liquidated costs provided by §
SDCL § 23A-27-27 Fees and costs included in judgment for costs against defendant
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The statutory fees of the sheriff incurred in connection with the prosecution and witnesses' fees and mileage paid or ordered paid by the county including fees of witnesses, cost of transcripts, court appointed counsel fees, filing fees, breathalyzer test fees, blood test fees, a…
SDCL § 23A-27-28 Entry and docketing of judgment for costs against defendant
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The clerk of courts shall enter judgment for the amount of costs taxed by the court and docket the same as a part of the judgment and such entry and docketing shall be of the same force and effect as if done by the court. Source: SDC 1939, § 34.3709 as added by SL 1943, ch 129 ; …
SDCL § 23A-27-29 Copy of judgment for costs furnished to officer for execution
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When a judgment has been rendered, a certified copy thereof must forthwith, unless otherwise ordered by the court, be furnished to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its execution. Source: SDC…
SDCL § 23A-27-3 (Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea
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After imposing a sentence in a case which has gone to trial on a plea of not guilty, the court shall advise the defendant of his right to appeal and of the right of a person who is unable to pay the cost of an appeal to apply for assignment of counsel under chapter 23A-40 . There…
SDCL § 23A-27-30 Delivery of defendant and judgment to state correctional facility
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If the judgment is for imprisonment in a state correctional facility, the sheriff of the county shall, upon receipt of a certified copy of the judgment, take and deliver the defendant to the warden of the state correctional facility. He shall also deliver to the warden or other p…
SDCL § 23A-27-31 Sheriff requiring assistance while conveying defendant to prison
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The sheriff or his deputy, while conveying the defendant to his proper prison in execution of a judgment of imprisonment, has the same authority to request the assistance of any citizen in securing the defendant and in retaking him if he escapes, as if the sheriff were in his own…
SDCL § 23A-27-32 Restitution plan and statement of crime provided--Presentence investigation report in lieu of statement
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Whenever any person is convicted of a felony, the judge before whom such person is convicted shall furnish the Board of Pardons and Parole with a plan of restitution pursuant to chapter 23A-28 . The state's attorney of the county in which the person is convicted shall furnish the…
SDCL § 23A-27-33 Duties of court reporter and clerk on execution of sentence to state correctional facility
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It shall be the duty of the court reporter, when directed by the judge, to write the official statements of the judge and state's attorney referred to in §
SDCL § 23A-27-34 Filing by warden of official statements--Inspection by secretary and Governor
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The warden, upon receipt of an inmate, shall safely keep and record the official statements referred to in § 23A-27-32 and have the same at all times ready for the inspection of the secretary of corrections and the Governor. Source: SDC 1939 & Supp 1960, § 34.3711; SDCL, § 23-48-…
SDCL § 23A-27-35 Suspension of civil rights on sentence to state correctional facility--Prisoner as witness--Restoration of rights--Voting rights
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A sentence of imprisonment in a state correctional facility for any term suspends the right of the person so sentenced to hold public office, to become a candidate for public office, and to serve on a jury. Any such person so sentenced forfeits all public offices and all private …
SDCL § 23A-27-36 Repealed by SL 2004, ch 164 , § 1 23A-27-36.1 Sentence to commence after expiration of last sentence of imprisonment
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23A-27-37
SDCL § 23A-27-36.1 Sentence to commence after expiration of last sentence of imprisonment
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If a person is convicted of a crime committed while confined in a county or municipal jail, upon conviction, the sentence does not commence to run until the expiration of the last sentence of imprisonment, unless the sentencing court specifically orders otherwise. Source: SL 2004…
SDCL § 23A-27-37 Repealed by SL 2004, ch 165 , § 1 23A-27-38 Guilty but mentally ill finding or plea--Sentence--Treatment
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23A-27-39 Discharge of guilty but mentally ill defendant by treating facility--Report. 23A-27-40 Probation for defendant guilty but mentally ill--Treatment as condition. 23A-27-41 Facilities providing treatment for mentally ill probationer--Payment of expense. 23A-27-42 Presenten…
SDCL § 23A-27-38 Guilty but mentally ill finding or plea--Sentence--Treatment
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If a defendant is found "guilty but mentally ill" or enters that plea and the plea is accepted by the court, the court shall impose any sentence which could be imposed upon a defendant pleading or found guilty of the same charge. If the defendant is sentenced to a state correctio…
SDCL § 23A-27-4.1 Relief from judgment--Grounds--Time of motion
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Within a reasonable time but not more than one year after final judgment, a court on motion of a defendant or upon its own motion may relieve a defendant from final judgment if required in the interest of justice. If the original trial was by a court without a jury, the court on …
SDCL § 23A-27-40 Probation for defendant guilty but mentally ill--Treatment as condition
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If a defendant is found "guilty but mentally ill" and is placed on probation, the sentencing court, upon recommendation of a licensed psychiatrist or a licensed psychologist, shall make treatment a condition of probation. Any report required by the sentencing court shall be filed…
SDCL § 23A-27-41 Facilities providing treatment for mentally ill probationer--Payment of expense
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The treatment required by § 23A-27-40 shall be provided by local mental health agencies, if available, or by a facility under the jurisdiction of the Department of Social Services. The defendant is responsible for payment for his treatment unless he is indigent. If the defendant …
SDCL § 23A-27-42 Presentence hearing on mental condition
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A defendant found guilty of an offense, or the prosecuting attorney may, within ten days after the defendant is found guilty, and prior to the time the defendant is sentenced, file a motion for a hearing on the present mental condition of the defendant if the motion is supported …
SDCL § 23A-27-43 Mental examination and report before hearing
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Prior to the date of hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court pursuant to §§ 23A-46-1 and
SDCL § 23A-27-44 Conduct of hearing
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The hearing shall be conducted pursuant to the provisions of §
SDCL § 23A-27-45 Commitment--Finding--Provisional sentence
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If, after hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect and that he should, in lieu of being sentenced to imprisonment, be committed to a suitable facility for care or treatment, the court sha…
SDCL § 23A-27-46 Recovery of defendant--Notice--Final sentencing
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When the administrator of the human services center determines that the defendant has recovered from his mental disease or defect to such an extent that he is no longer in need of custody for care or treatment in such a facility, he shall promptly file a certificate to that effec…
SDCL § 23A-27-47 Confidentiality of records--Court order
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Records prepared or maintained by court services officers are confidential. However, such records may be inspected by, or disclosed to, justices, judges, magistrates, and employees of the Unified Judicial System in the course of their duties and to persons specifically authorized…
SDCL § 23A-27-47.1 Motion to access court services records or testimony on court services records--Notice
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If, in connection with a judicial proceeding, a person not authorized by court order pursuant to § 23A-27-47 seeks confidential records prepared or maintained by a court services officer or testimony from a court services officer on the records, the person must file a motion with…
SDCL § 23A-27-48 Repealed by SL 2011, ch 125 , § 1
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23A-27-49 Posthumous sentencing of certain defendants. 23A-27-50 Substitution of personal representative for appeal purposes. 23A-27-51 Procedure for delayed appeal where applicant unconstitutionally denied right of appeal. 23A-27-52 Defendant serving in military or veteran. 23A-…
SDCL § 23A-27-49 Posthumous sentencing of certain defendants
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Upon the death of a defendant who has not been sentenced but who has entered a plea of guilty or nolo contendere or has been found guilty at trial, the court shall enter a judgment of conviction pursuant to §
SDCL § 23A-27-5 (Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant convicted
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A presentence investigation may be ordered in the discretion of a court. The court services officer of a court shall make a presentence investigation and report to the court before the imposition of sentence or the granting of probation unless, with the permission of the court, t…
SDCL § 23A-27-50 Substitution of personal representative for appeal purposes
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If a defendant dies following the entry of a plea of guilty or nolo contendere or a finding of guilt at trial and the time for taking an appeal has not expired, the court may order substitution of the proper parties for the purpose of an appeal. The personal representative of the…