South Dakota

23A-27-1. (Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or aggravation of punishment--Presentence hearing for juvenile--Restitution.

23A-27-1.1. Victim's oral impact statement to court before sentence imposed--Response of defendant--Victim defined.

23A-27-1.2. Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance.

23A-27-1.3. Victim's written impact statement to court before sentence imposed--Response of defendant--Victim defined.

23A-27-2. No forfeiture of property unless expressly imposed.

23A-27-3. (Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea.

23A-27-4. Contents of judgment--Imprisonment in state correctional facility--Multiple convictions--Discharge--Signature--Filing--Crime qualifier defined.

23A-27-4.1. Relief from judgment--Grounds--Time of motion.

23A-27-5. (Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant convicted.

23A-27-6. (Rule 32(c)(2)) Contents of report of presentence investigation.

23A-27-7. (Rule 32(c)(3)(A)) Parties' access to presentence report before sentence imposed--Material kept from defendant--Comments and other evidence received.

23A-27-8. (Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence report--Comments received.

23A-27-9. (Rule 32(c)(3)(C)) Disclosures from presentence report same for both parties.

23A-27-10. Return of presentence report to court services officer--Filing with board of pardons and paroles, state correctional facility, sheriffs, and jail administrators--Use of information upon written order of judge.

23A-27-11. (Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere.

23A-27-12. (Rule 32(e)) Placement on probation--Exception.

23A-27-12.1. Supervision of probationers--Performance of special conditions--Payment of costs.

23A-27-12.2. Order suspending imposition of misdemeanor sentence and placing defendant on probation--Eligibility--Revocation of suspension.

23A-27-13. Suspended imposition of felony sentence--Eligibility--Probation placement--Revocation.

23A-27-13.1. Copy of suspension order forwarded to criminal investigation division.

23A-27-13.2. Probationary supervision by court terminated upon imposition of sentence requiring supervision by executive branch.

23A-27-13.3. Suspended imposition of felony sentence--No eligibility for certain rape offenses--Exclusion.

23A-27-14. Discharge and dismissal of probationer on completion of conditions--No judgment entered--Limitation.

23A-27-14.1. Revocation or refusal of certificate of teacher, administrator, or other educational professional.

23A-27-14.2. Revocation or refusal of gaming or racing license--Conditional license.

23A-27-15. Suspension of sentence as conviction for purposes of habitual offender law.

23A-27-16. Report to criminal investigation division of discharge and dismissal of probationer--Limited purpose of record.

23A-27-17. Sealing of records on discharge of probationer--Effect of order--Future statements by defendant as to conviction.

23A-27-18. Suspension of execution of sentence--Conditions.

23A-27-18.1. Imprisonment as condition of probation or suspension of sentence--Credit for time.

23A-27-18.2. Supervision of person sentenced to county jail or state correctional facility as condition of suspension.

23A-27-18.3. Conditions required on probation or suspension of sentence.

23A-27-18.4. Suspension of correctional facility sentence--Conditions--Supervision.

23A-27-18.5. Continuing jurisdiction to revoke probation or suspended execution of sentence.

23A-27-18.6. Maintenance of good disciplinary record and compliance with program requirements.

23A-27-18.7. Inmate under suspended sentence considered parolee.

23A-27-19. Continuing jurisdiction to suspend sentence--Notice to prosecuting attorney and victim--Supervision--Revocation.

23A-27-19.1. Suspension of probationary period--Conditions.

23A-27-20. (Rule 32(f)) Hearing required to revoke probation or suspension of sentence--Bail pending hearing.

23A-27-20.1. Modification of terms and conditions of probation.

23A-27-21. Warrantless arrest and taking into custody of person on probation or with suspended sentence--Conditions.

23A-27-21.1. Court services officer--Order authorizing law enforcement officer to aid in arrest or taking into custody.

23A-27-21.2. Detainer authorizing detention of probationer to obtain warrant, revocation, bond hearing, or court order.

23A-27-22. 23A-27-22, 23A-27-23. Repealed by SL 1989, ch 211, §§ 1, 2

23A-27-24. Execution against property of organization for collection of fine--Duty of officers to pay.

23A-27-25. Fines and penalties paid into county treasury--Exceptions--Use for schools.

23A-27-25.1. Provisions for payment of fines, costs and restitution, etc.--Community service.

23A-27-25.2. Costs and restitution designated as punishment.

23A-27-25.3. Failure to comply with conditions of suspended sentence--Defendant to show cause.

23A-27-25.4. Default in payment of fine or costs and restitution.

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.

23A-27-25.6. Fine, costs, or restitution as a lien in civil action--No discharge from imprisonment until full amount paid.

23A-27-25.7. Objection to fines or costs--Defendant sentenced to state correctional facility--Hearing.

23A-27-25.8. Reduction of fines or costs for work performed--Department of Corrections to track--Defendant responsible for remainder.

23A-27-25.9. Cost of digital forensic examination--Convicted defendant to reimburse--Cost capped--Deposit--"Personal electronic device" defined.

23A-27-26. Judgment against defendant for costs--Items excluded--Enforcement as civil judgment.

23A-27-27. Fees and costs included in judgment for costs against defendant.

23A-27-28. Entry and docketing of judgment for costs against defendant.

23A-27-29. Copy of judgment for costs furnished to officer for execution.

23A-27-30. Delivery of defendant and judgment to state correctional facility.

23A-27-31. Sheriff requiring assistance while conveying defendant to prison.

23A-27-32. Restitution plan and statement of crime provided--Presentence investigation report in lieu of statement.

23A-27-33. Duties of court reporter and clerk on execution of sentence to state correctional facility.

23A-27-34. Filing by warden of official statements--Inspection by secretary and Governor.

23A-27-35. Suspension of civil rights on sentence to state correctional facility--Prisoner as witness--Restoration of rights--Voting rights.

23A-27-36. 23A-27-36. Repealed by SL 2004, ch 164, § 1

23A-27-36.1. Sentence to commence after expiration of last sentence of imprisonment.

23A-27-37. 23A-27-37. Repealed by SL 2004, ch 165, § 1

23A-27-38. Guilty but mentally ill finding or plea--Sentence--Treatment.

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. Presentence hearing on mental condition.

23A-27-43. Mental examination and report before hearing.

23A-27-44. Conduct of hearing.

23A-27-45. Commitment--Finding--Provisional sentence.

23A-27-46. Recovery of defendant--Notice--Final sentencing.

23A-27-47. Confidentiality of records--Court order.

23A-27-47.1. Motion to access court services records or testimony on court services records--Notice.

23A-27-48. 23A-27-48. Repealed by SL 2011, ch 125, § 1.

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-27-53. Probation for violation of § 22-42-5 or 22-42-5.1--Treatment--Revocation.

23A-27A-1. Mitigating and aggravating circumstances considered by judge or jury.

23A-27A-2. Presentence hearing required--Relevant evidence.

23A-27A-3. Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury.

23A-27A-4. Aggravating circumstance and recommendation of death penalty required for Class A felony death sentencing--Life imprisonment--Bench trial or guilty plea.

23A-27A-5. Written designation of aggravating circumstances required.

23A-27A-6. Designation by judge in nonjury cases--At least one aggravating circumstance required for death penalty imposition.

23A-27A-7. Sentence of death--Copies of judgment provided to officials.

23A-27A-8. Accumulation of prior capital felony records by Supreme Court--Staff and methods.

23A-27A-9. Review by Supreme Court required when death penalty imposed--Procedure.

23A-27A-10. Sentence review consolidated with direct appeal--Decision.

23A-27A-11. Procedure on appeal from capital punishment case--Briefs--Oral argument.

23A-27A-12. Factors reviewed by Supreme Court regarding sentence.

23A-27A-13. Reference to similar cases to be included in decision--Death sentence affirmed or set aside--Similar-case records provided to resentencing judge.

23A-27A-14. Life imprisonment when death penalty held unconstitutional.

23A-27A-15. Warrant of death sentence and execution--Time of execution.

23A-27A-16. Delivery of defendant with warrant to state correctional facility.

23A-27A-17. Date and time of execution--Secretary of corrections to make public announcement.

23A-27A-18. 23A-27A-18. Repealed by SL 2008, ch 117, § 5.

23A-27A-19. Investigation by Governor.

23A-27A-20. Reprieve or suspension of sentence by Governor during investigation.

23A-27A-21. Power to reprieve or suspend sentence limited to Governor--Exception.

23A-27A-22. Mental incompetence of defendant--Notice to Governor, secretary of corrections, and sentencing court.

23A-27A-22.1. Hearings and examinations regarding mental competence of defendant--Change in circumstances.

23A-27A-22.2. Psychiatric examination.

23A-27A-22.3. Psychiatric report.

23A-27A-22.4. Video tape record of psychiatric examination.

23A-27A-22.5. Counsel for defendant--Rights afforded at hearing.

23A-27A-23. 23A-27A-23. Repealed by SL 2008, ch 117, § 17.

23A-27A-24. Defendant incompetent to be executed--Suspension of sentence--Confinement--Periodic review.

23A-27A-25. 23A-27A-25. Repealed by SL 2008, ch 117, § 18.

23A-27A-26. Defendant mentally competent to be executed--Warrant of death sentence and execution--Time of execution.

23A-27A-26.1. Death penalty not to be imposed on intellectually disabled person.

23A-27A-26.2. Intellectual disability defined.

23A-27A-26.3. Procedures for determining intellectual disability of defendant.

23A-27A-26.4. Appeal by state.

23A-27A-26.5. Examination of defendant by expert designated by state--Videotaped recording--Defendant's statements inadmissible except as to issue of intellectual disability.

23A-27A-26.6. Applicability of §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive.

23A-27A-26.7. Inseparability of §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive.

23A-27A-27. Pregnancy of defendant--Examination--Report.

23A-27A-28. Suspension of sentence if defendant pregnant.

23A-27A-29. Defendant no longer pregnant--Execution warrant issued.

23A-27A-30. 23A-27A-30. Repealed by SL 2008, ch 117, § 22.

23A-27A-31. Warrant appointing new time for execution issued by sentencing court if defendant not executed within original time period.

23A-27A-31.1. Repealed.

23A-27A-31.2. Confidentiality of identity of person or entity supplying or administering intravenous injection substance--Violation as misdemeanor.

23A-27A-32. Place and manner of execution--Qualifications to administer intravenous injection--Substances dispensed to secretary of corrections or designee without prescription.

23A-27A-32.1. Execution of persons convicted before July 1, 2007--Choice of manner of execution.

23A-27A-33. Place for persons and equipment provided at correctional facility.

23A-27A-34. Attendance at execution by attorney general, sentencing judge, state's attorney, sheriff, representatives of victim, news media, and additional citizens approved by secretary of corrections.

23A-27A-34.1. Attendance at execution by person trained to pronounce death, corrections staff, and law enforcement officers.

23A-27A-34.2. Witnesses permitted to defendant at execution.

23A-27A-35. 23A-27A-35. Repealed by SL 2008, ch 117, § 28.

23A-27A-36. Other persons not permitted to attend.

23A-27A-37. Secrecy of execution time--Disclosure as misdemeanor.

23A-27A-37.1. Repealed.

23A-27A-37.2. Postmortem examination by county coroner.

23A-27A-37.3. Autopsy.

23A-27A-38. 23A-27A-38. Repealed by SL 2007, ch 152, § 2.

23A-27A-39. Interment of body unless claimed by relative.

23A-27A-40. 23A-27A-40. Repealed by SL 2008, ch 117, § 38.

23A-27A-40.1. Certificate of execution.

23A-27A-41. 23A-27A-41. Repealed by SL 2008, ch 117, § 33.

23A-27A-42. Death penalty prohibited for defendant younger than eighteen when offense committed.

23A-27A-43. Immunity of persons participating and cooperating in execution.

23A-27A-44. Effect of amendment and repeal of sections.