BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-27-19 be amended to read:
23A-27-19. The sentencing court retains jurisdiction for the purpose of suspending any sentence for a period of two years from the effective date of the judgment of conviction, notwithstanding the fact that the time for an appeal from such judgment is limited to a shorter period of time. The court shall notify the attorney who prosecuted the person or the successor in office of the prosecuting attorney at least fourteen days in advance of the suspension. Notice shall be provided to any victim by the prosecuting attorney or the successor in office pursuant to the provisions of § 23A-27-1.2. Any person whose sentence is suspended pursuant to this section is under the supervision of the Board of Pardons and Paroles, except as provided in § 23A-27-18.2. The board is charged with the responsibility for enforcing the conditions imposed by the sentencing judge, and the board retains jurisdiction to revoke the suspended portion of the sentence for violation of the terms of parole or the terms of the suspension.
Section 2. That chapter 23A-27 be amended by adding a NEW SECTION to read:
Section 3. That chapter 23A-27 be amended by adding a NEW SECTION to read:
and Paroles as directed in §§ 23A-27-18.4 and 23A-27-19, the inmate is considered a parolee and
is governed by the supervision and revocation provisions of chapters 24-15 and 24-15A.
Section 4. That § 22-6-11 be amended to read:
22-6-11. The sentencing court shall sentence an offender convicted of a Class 5 or Class 6 felony,
except those convicted under §§ 22-11A-2.1, 22-18-1, 22-18-1.05, 22-18-26, 22-19A-1, 22-19A-2,
22-19A-3, 22-19A-7, 22-19A-16, 22-22A-2, 22-22A-4, 22-24A-3, 22-22-24.3, 22-24-1.2, 22-24B-2,
22-24B-12, 22-24B-12.1, 22-24B-23, 22-42-7, subdivision 24-2-14(1), 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 shall order a fully suspended penitentiary
sentence pursuant to § 23A-27-18.4. The sentencing court may impose a sentence other than
probation or a fully suspended penitentiary 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 shall state on the record at the time of sentencing
the aggravating circumstances and the same shall be stated 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.
An Act to revise certain provisions regarding the sentencing and supervision of prison inmates and parolees with suspended sentences.
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I certify that the attached Act originated in the
SENATE as Bill No. 31
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 31 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
