Changes to Existing Law

SB19 — repeal presumptive probation.

2 sections modified+13-2214

View:

§ 16-22-29

Amended

+13-10

Section 16-22-29 — AMENDED

A parolee or probationer who is eligible for earned discharge credits and serving20 a sentence or sentences ~~exclusively subject to presumptive probation pursuant to § 22-6-11~~ for a Class 6 or Class 5 felony violation of chapter 22-42, regardless of date of offense, shall be22 discharged from probation or parole supervision upon completion of all treatment programs23 required as a condition of the person's probation or parole ~~provided~~ if the parolee or probationer24 - 3 -SB has been on supervision for a minimum of twelve full continuous calendar months and in the1 twelve full continuous calendar months the parolee or probationer: (1)Has not been under or received a sanction for violation of conditions of supervision; (2)Has not absconded from supervision; (3)Has not been placed in jail or prison; (4)Has not had a probation or parole violation report submitted and does not have a6 pending probation or parole violation report or pending criminal offense; and7 (5)Has complied with all conditions of the person's supervision including completion8 of any treatment program required as a condition of probation or parole. A parolee or probationer serving an eligible South Dakota sentence in another state under10 the Interstate Compact for Adult Offender Supervision who meets the criteria in this section is11 entitled to discharge in the same manner as a parolee or probationer supervised in South Dakota. Each drug court participant who meets the criteria in this section is entitled to discharge in the13 same manner as a parolee or probationer if the participant has successfully completed the drug14 court program. Within thirty days following a probationer or parolee meeting the criteria for discharge under16 this section, the supervising court services officer or parole agent shall submit a notice of17 compliant discharge. The notice of compliant discharge for a parolee shall be submitted to the secretary of the19 Department of Corrections. If the secretary finds the parolee met the criteria for compliant20 discharge, the secretary shall within fifteen days of receipt of the notice from the parole agent21 issue a certificate of discharge pursuant to § 24-15A-7. The notice of compliant discharge for a probationer shall be submitted to the sentencing23 court. If the court finds that the probationer has met the criteria for compliant discharge, the24 - 4 -SB court shall enter an order discharging the probationer from probation. A parolee or probationer who meets the criteria for a compliant discharge but, prior to the2 issuance of the certificate of discharge, receives a formal sanction, absconds, is placed in jail3 or prison, violates supervision conditions resulting in the submission of a parole or probation4 violation report, or who fails to comply with supervision conditions shall be removed from the5 compliant discharge process. The offender shall be retained on supervision or in custody.6

§ 22-6-11

Repealed

-2204

Section 22-6-11 — REPEALED

The sentencing court shall sentence an offender convicted of a Class 5 or Class 6 felony, except those convicted under §§ 22-11A-2.1 , 22-14-15 , 22-18-1 , 22-18-1.05 , 22-18-26 , 22-18-29 , 22-19A-1 , 22-19A-2 , 22-19A-3 , 22-19A-7 , 22-19A-16 , 22-22A-2 , 22-22A-4 , 22-22-24.3 , subdivision 22-23-2 (2), 22-24-1.2 , 22-24B-2 , 22-24B-12 , 22-24B-12.1 , 22-24B-23 , 22-30A-17 if the property stolen is a firearm, 22-30A-46 , 22-42-7 , subdivision 24-2-14 (1), 32-23-4.6 , 32-34-5 , and any person ineligible for probation under § 23A-27-12 , to a term of probation. If the offender is under the supervision of the Department of Corrections, the court must order a fully suspended state incarceration sentence pursuant to § 23A-27-18.4 . The sentencing court may impose a sentence other than probation or a fully suspended state incarceration sentence if the court finds aggravating circumstances exist that pose a significant risk to the public and require a departure from presumptive probation under this section. If a departure is made, the judge must state the aggravating circumstances on the record at the time of sentencing and in the dispositional order. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest. Source: SL 2013, ch 101, § 53; SL 2016, ch 137, § 4; SL 2017, ch 95, § 1; SL 2017, ch 98, § 4; SL 2023, ch 82, § 11; SL 2024, ch 80, § 1; SL 2024, ch 81, § 1; SL 2024, ch 87, § 10. 22-7-1 to 22-7-5. Repealed. 22-7-6 Repealed. 22-7-7 One or two prior felony convictions--Sentence increased--Limitation--Felony determination. 22-7-8 Three or more additional felony convictions including one or more crimes of violence--Enhancement of sentence. 22-7-8.1 Three or more additional felony convictions not including a crime of violence--Enhancement of sentence--Limitation--Parole. 22-7-9 Criteria for consideration of prior convictions. 22-7-10 Duty of law enforcement personnel to report knowledge of prior convictions. 22-7-11 Habitual criminal information--Filing--Contents--Proof. 22-7-12 Defendant to receive copy of information--Contents kept from jury until conviction--Right to jury trial.

View:

§ 16-22-29

Amended

+13-10

Section 16-22-29 — AMENDED

§ 22-6-11

Repealed

-2204

Section 22-6-11 — REPEALED