South Dakota criminal code — chapter
Chapter 27: Sentence And Judgment
Chapter 27 of Title 23A: Criminal Procedure, South Dakota Codified Laws. Statutory text on each section page is current through the legislative session it names.
Sections of Chapter 27
- SDCL § 23A-27-1 — (Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or aggravation of punishment--Presentence hearing for juvenile--Restitution
- SDCL § 23A-27-1.1 — Victim's oral impact statement to court before sentence imposed--Response of defendant--Victim defined
- SDCL § 23A-27-1.2 — Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance
- SDCL § 23A-27-1.3 — Victim's written impact statement to court before sentence imposed--Response of defendant--Victim defined
- SDCL § 23A-27-2 — No forfeiture of property unless expressly imposed
- SDCL § 23A-27-3 — (Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea
- SDCL § 23A-27-4 — Contents of judgment--Imprisonment in state correctional facility--Multiple convictions--Discharge--Signature--Filing--Crime qualifier defined
- SDCL § 23A-27-4.1 — Relief from judgment--Grounds--Time of motion
- SDCL § 23A-27-5 — (Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant convicted
- SDCL § 23A-27-6 — (Rule 32(c)(2)) Contents of report of presentence investigation
- SDCL § 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
- SDCL § 23A-27-8 — (Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence report--Comments received
- SDCL § 23A-27-9 — (Rule 32(c)(3)(C)) Disclosures from presentence report same for both parties
- SDCL § 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
- SDCL § 23A-27-11 — (Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere
- SDCL § 23A-27-12 — (Rule 32(e)) Placement on probation--Exception
- SDCL § 23A-27-12.1 — Supervision of probationers--Performance of special conditions--Payment of costs
- SDCL § 23A-27-12.2 — Order suspending imposition of misdemeanor sentence and placing defendant on probation--Eligibility--Revocation of suspension
- SDCL § 23A-27-13 — Suspended imposition of felony sentence--Eligibility--Probation placement--Revocation
- SDCL § 23A-27-13.1 — Copy of suspension order forwarded to criminal investigation division
- SDCL § 23A-27-13.2 — Probationary supervision by court terminated upon imposition of sentence requiring supervision by executive branch
- SDCL § 23A-27-13.3 — Suspended imposition of felony sentence--No eligibility for certain rape offenses--Exclusion
- SDCL § 23A-27-14 — Discharge and dismissal of probationer on completion of conditions--No judgment entered--Limitation
- SDCL § 23A-27-14.1 — Revocation or refusal of certificate of teacher, administrator, or other educational professional
- SDCL § 23A-27-14.2 — Revocation or refusal of gaming or racing license--Conditional license
- SDCL § 23A-27-15 — Suspension of sentence as conviction for purposes of habitual offender law
- SDCL § 23A-27-16 — Report to criminal investigation division of discharge and dismissal of probationer--Limited purpose of record
- SDCL § 23A-27-17 — Sealing of records on discharge of probationer--Effect of order--Future statements by defendant as to conviction
- SDCL § 23A-27-18 — Suspension of execution of sentence--Conditions
- SDCL § 23A-27-18.1 — Imprisonment as condition of probation or suspension of sentence--Credit for time
- SDCL § 23A-27-18.2 — Supervision of person sentenced to county jail or state correctional facility as condition of suspension
- SDCL § 23A-27-18.3 — Probation or suspension of sentence--Required and authorized conditions
- SDCL § 23A-27-18.4 — Suspension of correctional facility sentence--Conditions--Supervision
- SDCL § 23A-27-18.5 — Continuing jurisdiction to revoke probation or suspended execution of sentence
- SDCL § 23A-27-18.6 — Maintenance of good disciplinary record and compliance with program requirements
- SDCL § 23A-27-18.7 — Inmate under suspended sentence considered parolee
- SDCL § 23A-27-19 — Continuing jurisdiction to suspend sentence--Notice to prosecuting attorney and victim--Supervision--Revocation
- SDCL § 23A-27-19.1 — Suspension of probationary period--Conditions
- SDCL § 23A-27-20 — (Rule 32(f)) Hearing required to revoke probation or suspension of sentence--Bail pending hearing
- SDCL § 23A-27-20.1 — Modification of terms and conditions of probation
- SDCL § 23A-27-21 — Warrantless arrest and taking into custody of person on probation or with suspended sentence--Conditions
- SDCL § 23A-27-21.1 — Court services officer--Order authorizing law enforcement officer to aid in arrest or taking into custody
- SDCL § 23A-27-21.2 — Detainer authorizing detention of probationer to obtain warrant, revocation, bond hearing, or court order
- SDCL § 23A-27-22 — 23A-27-22, 23A-27-23. Repealed by SL 1989, ch 211, §§ 1, 2
- SDCL § 23A-27-24 — Execution against property of organization for collection of fine--Duty of officers to pay
- SDCL § 23A-27-25 — Fines and penalties paid into county treasury--Exceptions--Use for schools
- SDCL § 23A-27-25.1 — Provisions for payment of fines, costs and restitution, etc.--Community service
- SDCL § 23A-27-25.2 — Costs and restitution designated as punishment
- SDCL § 23A-27-25.3 — Failure to comply with conditions of suspended sentence--Defendant to show cause
- SDCL § 23A-27-25.4 — Default in payment of fine or costs and restitution
- SDCL § 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
- SDCL § 23A-27-25.6 — Fine, costs, or restitution as a lien in civil action--No discharge from imprisonment until full amount paid
- SDCL § 23A-27-25.7 — Objection to fines or costs--Defendant sentenced to state correctional facility--Hearing
- SDCL § 23A-27-25.8 — Reduction of fines or costs for work performed--Department of Corrections to track--Defendant responsible for remainder
- SDCL § 23A-27-25.9 — Cost of digital forensic examination--Convicted defendant to reimburse--Cost capped--Deposit--"Personal electronic device" defined
- SDCL § 23A-27-26 — Judgment against defendant for costs--Items excluded--Enforcement as civil judgment
- SDCL § 23A-27-27 — Fees and costs included in judgment for costs against defendant
- SDCL § 23A-27-28 — Entry and docketing of judgment for costs against defendant
- SDCL § 23A-27-29 — Copy of judgment for costs furnished to officer for execution
- SDCL § 23A-27-30 — Delivery of defendant and judgment to state correctional facility
- SDCL § 23A-27-31 — Sheriff requiring assistance while conveying defendant to prison
- SDCL § 23A-27-32 — Restitution plan and statement of crime provided--Presentence investigation report in lieu of statement
- SDCL § 23A-27-33 — Duties of court reporter and clerk on execution of sentence to state correctional facility
- SDCL § 23A-27-34 — Filing by warden of official statements--Inspection by secretary and Governor
- SDCL § 23A-27-35 — Suspension of civil rights on sentence to state correctional facility--Prisoner as witness--Restoration of rights--Voting rights
- SDCL § 23A-27-36 — Repealed by SL 2004, ch 164, § 1
- SDCL § 23A-27-36.1 — Sentence to commence after expiration of last sentence of imprisonment
- SDCL § 23A-27-37 — Repealed by SL 2004, ch 165, § 1
- SDCL § 23A-27-38 — Guilty but mentally ill finding or plea--Sentence--Treatment
- SDCL § 23A-27-39 — Discharge of guilty but mentally ill defendant by treating facility--Report
- SDCL § 23A-27-40 — Probation for defendant guilty but mentally ill--Treatment as condition
- SDCL § 23A-27-41 — Facilities providing treatment for mentally ill probationer--Payment of expense
- SDCL § 23A-27-42 — Presentence hearing on mental condition
- SDCL § 23A-27-43 — Mental examination and report before hearing
- SDCL § 23A-27-44 — Conduct of hearing
- SDCL § 23A-27-45 — Commitment--Finding--Provisional sentence
- SDCL § 23A-27-46 — Recovery of defendant--Notice--Final sentencing
- SDCL § 23A-27-47 — Confidentiality of records--Court order
- SDCL § 23A-27-47.1 — Motion to access court services records or testimony on court services records--Notice
- SDCL § 23A-27-48 — Repealed by SL 2011, ch 125, § 1
- SDCL § 23A-27-49 — Posthumous sentencing of certain defendants
- SDCL § 23A-27-50 — Substitution of personal representative for appeal purposes
- SDCL § 23A-27-51 — Procedure for delayed appeal where applicant unconstitutionally denied right of appeal
- SDCL § 23A-27-52 — Defendant serving in military or veteran
- SDCL § 23A-27-53 — Probation for violation of § 22-42-5 or 22-42-5.1--Treatment--Revocation
This reference is informational and is not legal advice.