South Dakota statute
SDCL § 22-42-2.3 — Mitigating circumstances--Departure from mandatory sentence
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 42: Controlled Substances And Marijuana, South Dakota Codified Laws.
Full text of SDCL § 22-42-2.3
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
The sentencing court may impose a sentence other than that which is required by § 22-42-2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by § 22-42-2. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing.
Official sources
This reference is informational and is not legal advice.