Title 16, COURTS AND JUDICIARY

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…

The Unified Judicial System may establish a program to assist rural counties and municipalities in recruiting attorneys. Source: SL 2013, ch 102 , § 1; SL 2017, ch 93 , § 1.

The Unified Judicial System shall annually file with the Legislative Research Council a report on the status of the program. Source: SL 2013, ch 102 , § 13.

In order to fully fund the incentive payment, the Unified Judicial System is specially authorized to receive from the State Bar of South Dakota fifteen percent of the total amount of an incentive payment authorized pursuant to this chapter in five equal annual installments and pl…

Each interested county or municipality shall apply to the Unified Judicial System. Before making a determination of eligibility, the Unified Judicial System shall conduct a county or municipality assessment designed to evaluate the county or municipality's need for an attorney an…

A county is eligible to participate in the recruitment assistance program if the county: (1) Has a population of ten thousand persons or less; (2) Agrees to provide the county's portion of the incentive payment pursuant to the provisions of this chapter; and (3) Is determined to …

A municipality is eligible to participate in the recruitment assistance program if the municipality: (1) Has a population of three thousand five hundred persons or less; (2) Agrees to provide the municipality's portion of the incentive payment pursuant to the provisions of this c…

In making the selection of the participating counties and municipalities, the Unified Judicial System shall consider: (1) The demographics of the county or municipality; (2) The age and number of the current membership of the county or municipality bar; (3) The recommendation of …

Any attorney licensed to practice in South Dakota may participate in the recruitment assistance program established under § 16-23-1 . A participating attorney shall agree to practice in an eligible rural county or municipality for at least five years. No more than thirty-two atto…

Any attorney who fulfills the requirements of the recruitment assistance program established pursuant to this chapter, is entitled to receive an incentive payment in five equal annual installments, each in an amount equal to ninety percent of the University of South Dakota School…

Any agreement for the payment of recruitment assistance pursuant to this chapter shall obligate the rural county or municipality served by the attorney to provide thirty-five percent of the total amount of the incentive payment in five equal annual installments. After the rural c…

Any rural county or municipality may appropriate funds for the purpose of carrying out the provisions of this chapter. A rural county or municipality may enter an agreement with any county, municipality, school district, or nonprofit entity to assist the county or municipality in…

No recruitment assistance agreement entered into pursuant to the provisions of this chapter is effective until it is filed with and approved by the Unified Judicial System. The agreement shall provide that the attorney practice law full-time in the eligible county or municipality…

No person may participate in the program established pursuant to the provisions of this chapter if the person has previously participated in the program, or any other state or federal scholarship, loan repayment, or tuition reimbursement program that obligates the person to provi…