Title 23A — CRIMINAL PROCEDURE

A psychiatric or psychological examination ordered pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive, 23A-26-12 to 23A-26-12.6 , inclusive, or 23A-27-42 to 23A-27-46 , inclusive, shall be conducted by: (1) A licensed or certified psychiatrist; (2) A licensed clini…

The licensing board of each professional listed in § 23A-46-1 shall maintain a list of each professional licensed under their authority qualified to conduct competency evaluations. The Department of Social Services shall maintain a list of those evaluators for use by the courts i…

If, after the hearing, the court finds by clear and convincing evidence that the person is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of anot…

When the director of the facility in which a person is hospitalized pursuant to § 23A-46-10 determines that the person has recovered from his mental disease or defect to such an extent that his release would no longer create a substantial risk of bodily injury to another person o…

The director of the medical facility responsible for administering the regimen imposed on a person conditionally discharged under § 23A-46-11 shall notify the prosecuting attorney and the court having jurisdiction over the person of any failure of the person to comply with the re…

If the administrator of the facility in which a person is hospitalized pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive, 23A-26-12 to 23A-26-12.6 , inclusive, or 23A-27-42 to 23A-27-46 , inclusive, certifies that the person, against whom all charges have been dis…

A psychiatric or psychological report ordered pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive; 23A-26-12 to 23A-26-12.6 , inclusive; or 23A-27-42 to 23A-27-46 , inclusive, shall be prepared by the examiner designated to conduct the psychiatric or psychological e…

At a hearing ordered pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive, 23A-26-12 to 23A-26-12.6 , inclusive, or 23A-27-42 to 23A-27-46 , inclusive, the person whose mental condition is the subject of the hearing shall be represented by counsel and, if he is finan…

The director of the facility in which a person is hospitalized pursuant to: (1) Section 23A-10-4 , shall prepare semiannual reports; or (2) Section 23A-26-12.1 , 23A-27-43 , or 23A-46-9 , shall prepare an annual report concerning the mental condition of the person and containing …

Upon written request of defense counsel, the court may order a video tape record made of the defendant's testimony or interview upon which the periodic report is based pursuant to §

Nothing contained in § 23A-26-12 or 23A-46-10 precludes a person who is committed under either of such sections from establishing by writ of habeas corpus the illegality of his detention. Source: SL 1985, ch 192 , § 35.

Regardless of whether the director of the facility in which a person is hospitalized has filed a certificate as provided in this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive, 23A-26-12 to 23A-26-12.6 , inclusive, or 23A-27-42 to 23A-27-46 , inclusive, counsel for the person o…

If the director of a facility in which a person is hospitalized certifies that a person whose sentence is about to expire or who has been committed to the custody of the Human Services Center pursuant to § 23A-10A-4 , or against whom all criminal charges have been dismissed solel…

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

The Department of Corrections or the Unified Judicial System may place any adult offender with an outstanding court-ordered financial obligation into the administrative financial accountability system. Source: SL 2013, ch 101 , § 43, eff. Jan. 1, 2014.

The administrative financial accountability system shall be administered by the Unified Judicial System pursuant to § 23A-28-3 and shall monitor and track payments within the system. Source: SL 2013, ch 101 , § 45, eff. Jan. 1, 2014; SL 2015, ch 142 , § 2.

The Supreme Court shall promulgate rules for the collection of outstanding court-ordered financial obligations through the administrative financial accountability system. The rules shall include graduated responses to noncompliance and a policy for the termination or adjustment o…

Pursuant to rules established by the Supreme Court, any financial obligation from an order more than twenty-five years old, deemed uncollectible, or following the death of an offender may be terminated. Source: SL 2013, ch 101 , § 47, eff. Jan. 1, 2014. Effective July 1, 2026

Any court-ordered financial obligation due and owing in a criminal proceeding, habeas corpus or abuse and neglect case, must be terminated three years following notice of death of the party owing the court-ordered financial obligation unless the court orders otherwise upon motion…

Failure of any individual in this system to comply with the plan of restitution or plan for financial obligations as approved or modified by the court constitutes a violation of the conditions within this system. Without limitation, the court may modify the plan of restitution or…

The original sentencing court shall be the court of competent jurisdiction pursuant to § 23A-47-6 for contempt or review hearings, if necessary, as part of the financial accountability collections system. Source: SL 2013, ch 101 , § 49, eff. Jan. 1, 2014; SL 2015, ch 142 , § 5.

The Unified Judicial System shall semiannually report the implementation and outcomes of the administrative financial accountability system to the oversight council. Source: SL 2013, ch 101 , § 50, eff. Jan. 1, 2014.

Jan. 1, 2014.

Adult probation supervision shall use evidence-based practices and shall target the probationer's criminal risk and need factors with appropriate supervision and intervention, focusing resources on moderate-risk and high-risk offenders. Source: SL 2014, ch 256 (Supreme Court Rule…

Court services officers shall consider the risk the probationer poses to the community, the severity of any violation, prior history on probation, previous violations or sanctions, and the deterrent effect when imposing a sanction. The court services officer shall also employ pos…

In response to a violation of the conditions of probation the court services officer may: (1) Modify the conditions of community supervision for the limited purpose of imposing graduated sanctions. (2) Place a probationer who violates the terms of supervision in a local correctio…

A sanction cannot extend the term of probation. Source: SL 2014, ch 258 (Supreme Court Rule 13-16 , § 9), eff. Jan. 1, 2014.

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…

Source: SL 2016, ch 138 , § 6.

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…