Title 23A, CRIMINAL PROCEDURE

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…

All real property, including any right, title, and interest in the whole of any platted lot or tract of land which is measured in three hundred twenty acre increments, or all of any smaller amount and any appurtenances or improvements, which is used, or intended to be used, in an…

No property taken or detained pursuant to this chapter is replevinable or subject to an action in claim and delivery. However, the property is deemed to be in the custody of the attorney general, subject only to the orders and decrees of the court or the official having jurisdict…

If property is seized under the provisions of this chapter, the attorney general may: (1) Place the property under seal; (2) Remove the property to a place designated by the attorney general; or (3) Take custody of the property and remove it to an appropriate location for disposi…

Any property, as described in subdivisions 34-20B-70(4), (6), and (7) or 22-24A-15(4), (6), and (7), or § 23A-49-1 , that is subject to a bona fide perfected security interest at the time of seizure of the personal property, at the time the offense was committed, and is forfeited…

Any forfeiture proceeding is a civil action against the property seized and the standard of proof shall be preponderance of the evidence. Source: SL 2016, ch 138 , § 13.

If property described in subdivisions 34-20B-70(2), (3), (5), (6), and (7) or 22-24A-15(2), (3), (5), (6), and (7) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court for the county in which the property was seized or…

If property described in § 23A-49-1 or subdivision 34-20B-70(4) or 22-24A-15(4) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court of the county in which the property was seized or is being held. The proceedings shal…

If a person as described in §§ 23A-49-14 and 23A-49-15 is released on bail as provided by chapter 23A-43 , a summons and complaint for forfeiture of the property may be served by mailing the summons and complaint by certified mail, no return receipt required, to the address left …

Within thirty days after the service of the notice pursuant to § 23A-49-14 or 23A-49-15 , the owner of the seized property and any other party in interest or claimant may file a verified answer to the claims described in the complaint instituting the forfeiture proceedings. Sourc…

If at the end of thirty days after the notice has been served there is no verified answer on file and no claimant has appeared to defend the complaint, the court shall order the disposition of the seized property as requested in the complaint. Source: SL 2016, ch 138 , § 18.

If a verified answer is filed, the forfeiture proceedings shall be set for a trial on a day not more than one hundred eighty days from the date of the filing. Any party may demand a trial by jury for the forfeiture proceedings pursuant to § 15-6-38(b). At the trial, the state sha…

Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance used by any person as a common carrier in the transaction of business as a common carrier may be forfeited under the provisions of this chapter, unless it appears that the owner or other per…

If property is forfeited under this chapter, the attorney general may: (1) Retain the property for official use; (2) Sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, provided that the proceeds be disposed of for paym…

For any property seized or forfeited under this chapter, a law enforcement agency shall issue a report to the attorney general within a time specified and in a form prescribed by the attorney general, containing information about the property seized or forfeited as listed in § 23…

The attorney general shall establish and maintain a searchable public website or electronic spreadsheet that includes the following information about each property seized and forfeited: (1) Name of the law enforcement agency that seized the property or, if seized by a multijurisd…

The attorney general, no more than 120 days after the close of the fiscal year, shall post on a searchable public website a report containing an itemized list of each property seized and forfeited for the preceding fiscal year as provided in § 23A-49-22 . The attorney general sha…

The attorney general may use forfeiture proceeds to pay the costs of compiling and reporting data under §§ 23A-49-21 to 23A-49-25 , inclusive. Source: SL 2022, ch 76 , § 4.

The attorney general shall promulgate rules, in accordance with chapter 1-26 establishing: (1) The form for law enforcement agencies to file a report with the attorney general; (2) The deadline by which law enforcement must report under § 23A-49-21 ; (3) Procedures necessary to f…

Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act or omission established by the owner of the conveyance to have been committed or omitted by any person other than …

Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act committed or omitted by a person other than an owner of the conveyance unless the owner knew or in the exercise of…

To the extent of the interest of an owner, a thing of value is not subject to forfeiture under this chapter by reason of any act or omission that is established by the owner of the item to have been committed or omitted without the owner's knowledge or consent. Source: SL 2016, c…

Any victim of a crime as described in the provisions of §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, and 43-43B-1 to 43-43B-3 , inclusive, is protected against loss of property through forfeiture by victim immunity as described in § …

Any property subject to forfeiture under this chapter may be seized by any law enforcement officer or designated agent of the Division of Criminal Investigation upon process issued by any court having jurisdiction over the property. Source: SL 2016, ch 138 , § 7.

The seizure of any property subject to forfeiture under this chapter may be made without process issued under § 23A-49-7 if: (1) The seizure is incident to an arrest or a search under a search warrant or to an inspection under an administrative inspection warrant; (2) The propert…

If a seizure pursuant to § 23A-49-7 or subdivisions 23A-49-8(1), (3), or (4) occurs, the attorney general shall institute, within sixty days of the seizure, the proceedings pursuant to § 23A-49-14 or 23A-49-15 . Source: SL 2016, ch 138 , § 9.

Terms used in this chapter and § 23A-46-1 mean: (1) "Mental health response team," a support team tasked with finding viable community resources to help persons with severe mental illness involved in the court system; (2) "Psychiatric certification," a credential obtained by pass…

The Supreme Court may establish rules, pursuant to § 16-3-1 , regarding procedures for court-appointed defense attorney training on mental illness. Source: SL 2017, ch 109 , § 26, eff. July 1, 2018.

The Department of Social Services shall annually compile a list of services available through the community mental health system and eligibility criteria for each service to distribute to judges, court services officers, and jails. The department shall coordinate with the Unified…

The Association of County Commissioners, formed pursuant to § 7-7-28 , may create and administer a fund for the purpose of assisting counties with the cost of competency evaluations for defendants for whom an evaluation has been ordered by the court. The Department of Social Serv…