Codified Laws

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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      (Rule 32(b)(1)) Contents of judgment--Imprisonment in state penitentiary--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      (Rule 32(c)(3)(D)) Return of presentence report to court services officer--Filing with board of pardons and paroles, penitentiary 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      Order suspending imposition of felony sentence and placing defendant on probation--Eligibility--Revocation of suspension .
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-27-14      Discharge and dismissal of probationer on completion of conditions--No judgment entered--Limitation to one time.
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 penitentiary as condition of suspension.
23A-27-18.3      Conditions required on probation or suspension of sentence.
23A-27-18.4      Suspension of penitentiary 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      Report on failure to meet conditions of suspension or probation--Arrest and detention for hearing--Disposition by court.
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-27-23.      Repealed.
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-27-26      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 penitentiary.
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 penitentiary.
23A-27-34      Filing by warden of official statements--Inspection by secretary and Governor.
23A-27-35      Suspension of civil rights on sentence to penitentiary--Prisoner as witness--Restoration of rights--Voting rights.
23A-27-36      Repealed.
23A-27-36.1      Sentence to commence after expiration of last sentence of imprisonment.
23A-27-37      Repealed.
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.
23A-27-48      Repealed.
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 or parole for violation of ยง 22-42-5 or 22-42-5.1--Treatment--Revocation.

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