TITLE 23A
CRIMINAL PROCEDURE
Chapter
01 Scope And Purpose Of Title
02 Complaint, Warrant And Summons
03 (Rule 4.1) Arrest
04 Preliminary Proceedings Before Magistrate
05 (Rule 6) The Grand Jury
06 Indictment And Information
07 Arraignment And Pleas
08 (Rule 12) Pleadings And Pretrial Motions
09 (Rule 12.1) Notice Of Alibi
10 (Rule 12.2) Notice Of Mental Illness Defense
10A Inquiry Into Defendant's Mental Competency To Proceed
11 Joinder For Trial
12 (Rule 15) Depositions
13 (Rule 16) Discovery
14 (Rule 17) Subpoena And Attendance Of Witnesses
14A Uniform Rendition Of Prisoners As Witnesses In Criminal Proceedings Act
15 (Rule 17.1) Pretrial Conference
16 Jurisdiction And Venue Of Offenses And Proceedings
17 Transfer Of Proceedings From County
18 (Rule 23) Trial By Jury Or Court
19 The Jury Panel
20 (Rule 24) The Trial Jury
21 (Rule 25) Disability Or Disqualification Of Judge
22 Evidence
23 (Rule 29) Motion For Judgment Of Acquittal
24 Conduct Of Trial
25 Jury Instructions And Deliberations
26 (Rule 31) Verdict
27 Sentence And Judgment
27A Capital Punishment
28 Restitution To Victims Of Crime
28A Profits From Crime--Restitution
28B Crime Victims' Compensation Program
28C Crime Victims' Act
29 (Rule 33) New Trial
30 (Rule 34) Arrest Of Judgment
31 Correction Of Proceedings
32 Appeals To Supreme Court
33 Relief Pending Appeal
34 Post-Conviction Proceedings [Repealed]
35 (Rule 41) Search And Seizure
35A Interception Of Wire, Electronic, Or Oral Communications
35B Blood-Borne Pathogen Testing Of Defendants, Juveniles, And Source Individuals
36 Seizure And Disposition Of Obscene Material
37 Disposition Of Seized Property
38 (Rule 42) Contempt
39 (Rule 43) Presence Of The Defendant
40 (Rule 44) Counsel For Indigent Defendant
41 (Rule 45) Time Allowed
42 Limitation Of Criminal Prosecutions
43 Bail
44 Miscellaneous Administrative Provisions
45 Definitions And General Provisions
46 Mental Examinations And Hearings
47 Administrative Financial Accounting System
48 Probation Supervision, Response To Violation Of Conditions, And Discharge
49 Civil Forfeiture For Crime
50 Mental Health Procedures In Criminal Justice
51 Indigent Legal Services
23A-1-1
(Rule 1) Proceedings governed by title.
23A-1-2
(Rule 2) Purposes of title--Construction.
23A-2-1
Complaint as statement of offense--Signature under oath--Traffic ticket issued by law
enforcement officer.
23A-2-2
(Rule 4(a)) Warrant or summons issued on complaint--Sworn oral testimony--Failure
of defendant to respond to summons.
23A-2-3
(Rule 4(b)) Evidence furnishing probable cause for warrant or summons.
23A-2-4
(Rule 4(c)(1)) Contents and signature of arrest warrant--Endorsement as to bail.
23A-2-5
Copies of warrant sent to law enforcement officers.
23A-2-5.1
Facsimile transmission of complaint or indictment--Issue of arrest warrant--Proof of
magistrate's signature.
23A-2-6
(Rule 4(c)(2)) Contents and signature of summons.
23A-2-7
(Rule 4(d)(1)) Execution of warrant or summons by law enforcement officer.
23A-2-8
(Rule 4(d)(2)) Place of service of warrant or summons--Restriction when for
violation of local ordinance or bylaw.
23A-2-9
(Rule 4(d)(3)) Warrant executed by arrest--Advice to defendant as to warrant--Manner of service of summons.
23A-2-10
Time of execution of warrant.
23A-2-11
Service of summons on corporate defendant.
23A-2-12
(Rule 4(d)(4)) Return of warrant or summons to committing magistrate--Cancellation
or delivery to another of unexecuted process.
23A-2-13
Transferred.
23A-2-14
Transferred.
CHAPTER 23A-3
(RULE 4.1) ARREST
23A-3-1 Definition of arrest.
23A-3-2 Law enforcement officer's power to arrest without warrant.
23A-3-2.1 Circumstances permitting warrantless arrests.
23A-3-2.2 23A-3-2.2. Transferred to § 25-10-35
23A-3-3 Citizen's arrest.
23A-3-4 Advice as to authority and cause of arrest without warrant.
23A-3-5 Manner of making arrest--Physical restraint--Weapons and contraband property--Breaking structure to make arrest.
23A-3-6 Aid to law enforcement officer on request.
23A-3-7 Restriction on place of arrest for violation of local ordinance or bylaw.
23A-3-8 Receipts given for property taken from person arrested.
23A-3-9 Fresh pursuit misdemeanor arrest by officer of another state.
23A-3-10 Fresh pursuit felony arrest by officer of another state.
23A-3-11 Other powers of arrest unimpaired by fresh pursuit authority.
23A-3-12 Taking before magistrate of person arrested by officer of another state--Commitment to await extradition--Discharge if arrest unlawful.
23A-3-13 District of Columbia treated as state.
23A-3-14 Definition of fresh pursuit for interstate felony arrest.
23A-3-15 Citation of provisions on interstate pursuit.
23A-3-16 Arrest for misdemeanor on intrastate fresh pursuit.
23A-3-17 Arrest for felony on intrastate fresh pursuit.
23A-3-18 Disposition of prisoner taken on intrastate fresh pursuit.
23A-3-19 Definition of fresh pursuit in intrastate felony arrests.
23A-3-20 Citation of provisions on intrastate fresh pursuit.
23A-3-21 23A-3-21. Transferred to § 25-10-36
23A-3-22 23A-3-22, 23A-3-23. Transferred to §§ 25-10-38, 25-10-39
23A-3-24 Federal law enforcement officer defined.
23A-3-25 Authority of federal law enforcement officer.
23A-3-26 Definition of expungement.
23A-3-27 Motion for expungement of arrest record.
23A-3-28 Service of motion--Fee.
23A-3-29 Hearing on motion for expungement.
23A-3-30 Order of expungement.
23A-3-31 Report to Division of Criminal Investigation--Retention and use of nonpublic records--Sealing of records.
23A-3-32 Effect of order of expungement.
23A-3-33 No time limitation for making application.
23A-3-34 Defendant's public record--Automatic removal of non-felony charges or convictions--Case record available to authorized personnel--Use as enhancement
23A-3-35 Eligibility of person placed in diversion program for expungement of record.
23A-3-36 Dismissal of charges and notice of completion of diversion.
23A-3-37 Expungement of record on filing of dismissal and notice.
23A-4-1
Arrested person taken before magistrate--Complaint filed on arrest without warrant.
23A-4-2
(Rule 5(b)) Procedure on minor offenses cognizable by magistrate court.
23A-4-3
(Rule 5(c)) Advice to defendant at initial appearance on charge requiring preliminary
hearing--Charges requiring preliminary hearing--Waiver or scheduling of hearing--Extension of time.
23A-4-4
Advice to defendant and admission to bail when initial appearance before another
magistrate--Initial appearance without warrant--Transmittal of files to appropriate
court.
23A-4-5
Transfer to magistrate judge or circuit court for preliminary hearing.
23A-4-6
(Rule 5.1(a)) Holding for trial when probable cause shown on preliminary hearing--Evidence received.
23A-4-7
(Rule 5.1(b)) Discharge and dismissal in absence of probable cause--Subsequent
prosecution on same offense.
23A-4-8
(Rule 5.1(c)) Record of proceedings on preliminary hearing--Cost--Transmittal of
papers to trial court--Limitation of access to record.
23A-5-1
(Rule 6(a)) Circuit court order for grand juries--Number of members--Summons of
jurors.
23A-5-2
New grand jury ordered after discharge of original jury--Other causes.
23A-5-3
(Rule 6(b)(1)) Grounds for challenge to array or individual jurors--Trial of challenge.
23A-5-4
Summons of new jurors after challenge--Oath of jurors chosen for particular case.
23A-5-5
(Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified.
23A-5-6
(Rule 6(c)) Foreman and deputy foreman of grand jury--Powers and duties--Clerk of
grand jury--Record of proceedings.
23A-5-7
Oath of grand jurors.
23A-5-8
Charge to grand jury by court--Commencement of inquiries.
23A-5-9
General powers of grand jury--Access to prisons and records.
23A-5-10
Advice sought from court or prosecuting attorney.
23A-5-11
(Rule 6(d)) Appearance by prosecuting attorneys before grand jury--Presence of other
persons--Counsel advising witnesses.
23A-5-11.1
Recording of testimony of witness before grand jury.
23A-5-12
Testimony before grand jury by subject of investigation--Waiver of immunity.
23A-5-13
Notice of rights to subject appearing before grand jury.
23A-5-14
Removal and replacement of attorney for witness appearing before grand jury.
23A-5-15
Evidence heard by grand jury--Order for production of evidence.
23A-5-16
(Rule 6(e)) Restrictions on disclosure of grand jury proceedings--Immunity of jurors--Sealing of indictments.
23A-5-17
Disclosure by prosecuting attorney of evidence received by grand jury.
23A-5-18
(Rule 6(f)) Quorum of grand jury--Votes required for indictment--Witnesses named
on indictment--Dismissal of charge on failure to indict.
23A-5-19
Report filed when indictment not issued.
23A-5-20
(Rule 6(g)) Term of service of grand jury--Excuse and replacement of jurors.
CHAPTER 23A-6
INDICTMENT AND INFORMATION
23A-6-1 Indictment or information required for prosecution of offense--Exceptions.
23A-6-2 (Rule 7(b)) Reserved.
23A-6-3 Preliminary hearing required for filing felony information--Exceptions.
23A-6-4 (Rule 7(c)(1)) Allegations contained in indictment or information--Incorporation by reference--Citation of law--Error in citation.
23A-6-5 (Rule 7(c)(2)) Reserved.
23A-6-6 Additional allegations not required against accessory before fact.
23A-6-7 Contents required for sufficiency of indictment or information.
23A-6-8 Presumptions need not be stated--Judicial notice.
23A-6-9 Precise time of offense need not be stated.
23A-6-10 Endorsement of witnesses on information--Calling other witnesses.
23A-6-11 Allegation as to money or securities stolen.
23A-6-12 Description of money taken by robbery or theft.
23A-6-13 Allegations in indictment or information for perjury.
23A-6-14 (Rule 7(c)(3)) Sufficiency of indictment or information despite nonprejudicial defect.
23A-6-15 Erroneous allegation as to victim of offense.
23A-6-16 Unavailability of instrument on indictment or information for forgery.
23A-6-17 Statutory words not required in indictment or information--Interpretation of words and phrases.
23A-6-18 (Rule 7(d)) Surplusage stricken on motion.
23A-6-19 (Rule 7(e)) Amendment of information before trial--Allegation of new offense--Amendment during trial.
23A-6-20 Amendment to correct name of defendant.
23A-6-21 (Rule 7(f)) Reserved.
23A-6-22 Suppression of names and details in rape, incest, or sexual contact prosecution.
23A-6-22.1 Suppression of name of minor victim of rape, incest, or sexual contact and details of alleged acts.
23A-6-23 (Rule 8(a)) Joinder of related offenses in same indictment or information.
23A-6-24 (Rule 8(b)) Joinder of two or more defendants in same indictment or information.
23A-6-25 Election between offenses or counts not required--Separate statements in verdict.
23A-6-26 (Rule 9(a)) Warrant or summons on indictment--Delivery for execution--Warrant on defendant's failure to respond to summons.
23A-6-27 (Rule 9(b)(1)) Form of warrant--Contents--Endorsement as to bail.
23A-6-28 (Rule 9(b)(2)) Form and contents of summons--Time of required appearance--Signature.
23A-6-29 (Rule 9(c)(1)) Execution or service of warrant or summons--Arrested person brought before court.
23A-6-29.1 Powers granted magistrate judge.
23A-6-30 (Rule 9(c)(2)) Return of warrant or summons to court--Cancellation or delivery to another of unexecuted warrant or summons.
23A-6-31 (Rule 9(d)) Reserved.
CHAPTER 23A-7
ARRAIGNMENT AND PLEAS
23A-7-1 (Rule 10) Arraignment in open court--Procedure--Verification or correction of name--Copy given to defendant.
23A-7-2 (Rule 11(a)) Pleas permitted to defendant--Requirements for plea of guilty or nolo contendere.
23A-7-3 (Rule 11(b)) Consent required for nolo contendere plea--Considerations by court.
23A-7-4 (Rule 11(c)) Advice as to rights to defendant pleading guilty or nolo contendere.
23A-7-5 (Rule 11(d)) Ascertainment of voluntary nature of guilty or nolo contendere plea--Pleading by attorney to misdemeanor--Imposition of sentence.
23A-7-6 23A-7-6. Repealed by SL 1979, ch 159, § 6.
23A-7-7 Pleading to habitual offender information--Jury trial.
23A-7-8 (Rule 11(e)(1)) Plea bargaining permitted--Concessions by prosecutor permitted--Notice to victims.
23A-7-8.1 Victim's failure to comment--Effect.
23A-7-9 Disclosure of plea agreement and victims' comments to court--Acceptance or rejection--Report by prosecuting attorney.
23A-7-10 (Rule 11(e)(3)) Advice to defendant as to acceptance of plea agreement.
23A-7-11 (Rule 11(e)(4)) Advice to parties as to rejection of plea agreement--Withdrawal of plea by defendant.
23A-7-12 (Rule 11(e)(5)) Time of notification to court of plea agreement.
23A-7-13 (Rule 11(e)(6)) Evidence of guilty or nolo contendere plea inadmissible after withdrawal--Exception in perjury prosecutions.
23A-7-14 (Rule 11(f)) Factual basis required before acceptance of plea other than nolo contendere.
23A-7-15 (Rule 11(g)) Record of proceedings at which plea entered--Contents.
23A-7-16 Guilty but mentally ill plea--Prerequisites to acceptance.
23A-8-1
(Rule 12(a)) Pleadings enumerated--Motions replacing previous forms of pleadings.
23A-8-2
Grounds for dismissal of indictment or information on motion.
23A-8-3
(Rule 12(b)) Defenses and objections raised by motion--Issues that must be raised before
trial.
23A-8-4
(Rule 12(c)) Setting time for making and hearing motions.
23A-8-5
Subsequent hearing on motion to suppress newly discovered evidence.
23A-8-6
(Rule 12(d)(1)) Notice to defendant of prosecutor's intention to use specified evidence.
23A-8-7
(Rule 12(d)(2)) Reserved.
23A-8-8
(Rule 12(e)) Determination of motions before trial--Deferment to trial--Findings as to fact.
23A-8-9
(Rule 12(f)) Waiver of defenses or objections by failure to raise before trial--Relief from
waiver.
23A-8-10
(Rule 12(g)) Record of hearing on motions.
23A-8-11
(Rule 12(h)) Continuation in custody or on bail after grant of defendant's motion--Subsequent prosecution for same offense--Limitation statutes.
23A-9-1
(Rule 12.1(a)) Time of notice to prosecutor of alibi defense--Contents.
23A-9-2
(Rule 12.1(b)) Notice to defendant of rebuttal witnesses on alibi defense.
23A-9-3
(Rule 12.1(c)) Notice to adverse party of newly discovered witness on alibi.
23A-9-4
(Rule 12.1(d)) Exclusion of testimony of undisclosed alibi witness--Defendant's right to
testify.
23A-9-5
(Rule 12.1(e)) Exception granted to notice requirements.
23A-9-6
(Rule 12.1(f)) Evidence of alibi notice inadmissible after withdrawal.
23A-10-1
(Rule 12.2(a))Reserved.
23A-10-2
Form of plea raising defense.
23A-10-3
(Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental
condition--Additional time allowed.
23A-10-4
(Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court
appointment of experts--Statements by accused privileged.
23A-10-5
(Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.
23A-10-6
Mistrial when defense raised without pleading--Subsequent trial.
23A-10-7
Independent psychiatric examination--Court approval--Notice--Cost.
CHAPTER 23A-10A
INQUIRY INTO DEFENDANT'S MENTAL COMPETENCY TO PROCEED
23A-10A-1 Definition of mental incompetency.
23A-10A-2 Incompetent person cannot be tried, sentenced or punished.
23A-10A-3 Hearing on mental condition--Mental examination and report.
23A-10A-4 Commitment--Finding required--Duration.
23A-10A-4.1 Recovery of defendant--Certificate--Discharge pending hearing--Notice--Hearing.
23A-10A-4.2 Findings as to mental competence not prejudicing insanity defense--Inadmissible.
23A-10A-5 Suspension of proceedings pending determination of defendant's competency.
23A-10A-6 Rules governing competency proceedings.
23A-10A-6.1 Burden and standard of proof.
23A-10A-7 23A-10A-7 to 23A-10A-9. Repealed by SL 1985, ch 192, §§ 42 to 44.
23A-10A-10 Expense of maintenance of defendant committed.
23A-10A-11 23A-10A-11, 23A-10A-12. Repealed by SL 1985, ch 192, §§ 45, 46.
23A-10A-13 Approved facility defined.
23A-10A-13.1 Restoration to competency program defined.
23A-10A-14 Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.
23A-10A-15 Length of detention for Class A, B, or C felony.
23A-10A-16 Time in approved facility credited to term of imprisonment.
23A-10A-17 Repealed.
23A-11-1
(Rule 13) Joinder for trial of indictments, informations, or defendants.
23A-11-2
(Rule 14) Relief from prejudicial joinder of offenses or defendants.
CHAPTER 23A-12
(RULE 15) DEPOSITIONS
23A-12-1 (Rule 15 (a)) Depositions ordered only as specifically authorized--Order to preserve testimony for trial--Production of other evidence--Witness committed on failure to give bail.
23A-12-2 (Rule 15(b)) Notice to parties of time and place of deposition--Production of defendant in custody--Defendant's right to attend.
23A-12-3 (Rule 15(c)) Governmental payment of defendant's expenses for deposition.
23A-12-4 (Rule 15(d)) Manner of taking and filing deposition--Disclosure to defense of prior statements of witness.
23A-12-5 Sealing and endorsement of deposition--Transmittal to court.
23A-12-6 (Rule 15(e)) Circumstances permitting use of deposition at trial--Use for impeachment--Parts of deposition used.
23A-12-7 (Rule 15(f)) Time of objecting to testimony in deposition--Objections to receiving in evidence.
23A-12-8 (Rule 15(g)) Agreement of parties as to taking or use of deposition.
23A-12-9 Video recording of young sex crime or human trafficking victim's testimony at preliminary hearing or deposition--Use at trial.
23A-12-10 Hearing to record testimony as to additional evidence.
23A-13-1
(Rule 16(a)(1)(A)) Prosecution evidence discoverable by defendant--Statements of
employees of corporate defendants.
23A-13-2
(Rule 16(a)(1)(B)) Copy of prior criminal record furnished to defendant on request.
23A-13-3
(Rule 16(a)(1)(C)) Defendant's right to inspect and copy documentary and tangible
evidence.
23A-13-4
(Rule 16(a)(1)(D)) Defendant's right to inspect and copy results of examinations or
scientific tests.
23A-13-5
Work product protected from discovery by defendant.
23A-13-6
Statement by witness not discoverable until testimony in preliminary hearing or trial.
23A-13-7
Prior statements of prosecution witnesses subject to discovery after direct
examination.
23A-13-8
Excision from statement of prosecution witness of matter not testified to--Delivery
to defendant--Preservation of entire statement for appeal--Recess to permit
examination by defendant.
23A-13-9
Testimony stricken when prosecution elects not to produce prior statement--Mistrial.
23A-13-10
Kinds of prior statements subject to discovery by defendant.
23A-13-11
(Rule 16(a)(3)) Grand jury proceedings not discoverable--Exceptions.
23A-13-12
(Rule 16(b)(1)(A)) Defendant's documentary and tangible evidence discoverable by
prosecution.
23A-13-13
Results of examinations and scientific tests discoverable by prosecution.
23A-13-14
(Rule 16(b)(2)) Defense work product protected from discovery.
23A-13-15
(Rule 16(c)) Notice to adverse party of newly discovered evidence subject to
discovery.
23A-13-16
(Rule 16(d)(1)) Restriction of rights of discovery or inspection--Preservation of entire
statement for appellate record.
23A-13-17
(Rule 16(d)(2)) Remedies on failure of party to comply with discovery requirements--Manner of discovery and inspection.
23A-13-18
(Rule 16(e)) Discovery of alibi witnesses.
23A-14-1
(Rule 17(a)) Reserved.
23A-14-2
Attorneys' subpoena for witnesses within state.
23A-14-3
(Rule 17(b)) Subpoenas for indigent defendant--Payment of costs.
23A-14-4
Committing magistrate's subpoenas for witnesses within state--Blank subpoenas issued by
clerk of court.
23A-14-5
(Rule 17(c)) Documentary or tangible evidence required by subpoena--Modification--Inspection rights.
23A-14-6
(Rule 17(d)) Service of subpoena--Tender of fees and mileage.
23A-14-7
(Rule 17(e)(1)) Place of service of subpoena.
23A-14-7.1
Expenses paid for out-of-county or indigent witness produced by state pursuant to
subpoena or undertaking.
23A-14-8
(Rule 17(e)) Reserved.
23A-14-9
(Rule 17(f)(1)) Authority for subpoena for deposition.
23A-14-10
(Rule 17(f)(2)) Place attendance required for deposition.
23A-14-11
John Doe subpoena for examination before magistrate--Compelling obedience.
23A-14-12
Advice as to rights given to John Doe witness--Immunity provisions applicable.
23A-14-13
Record of John Doe testimony--Warrant for arrest of offender.
23A-14-14
Interstate summons of witnesses--Definition of terms.
23A-14-15
Hearing on certification from another state as to witness required from this state.
23A-14-16
Summons to appear in another state issued after hearing--Protection accorded witness.
23A-14-17
Placement of witness in custody of officer from other state.
23A-14-18
Punishment for contempt by witnesses summoned for appearance in another state--Fees
to which entitled.
23A-14-19
Certificate by judge or magistrate for summons of witness from another state--Recommendation for immediate custody.
23A-14-20
Fees tendered to witness summoned from another state.
23A-14-21
Duration of stay required of witness summoned from another state.
23A-14-22
Immunity from process of witness summoned from another state.
23A-14-23
Immunity from process of witness passing through under interstate summons.
23A-14-24
Punishment for contempt by witness summoned from another state.
23A-14-25
(Rule 17(g)) Disobedience of subpoena as contempt of court.
23A-14-26
Motions relating to subpoena--Hearing.
23A-14-27
Stay of subpoena until ruling on motion.
23A-14-28
Sanctions for oppressive subpoenas.
23A-14-29
Self-incriminating testimony required under promise of immunity--Restrictions on use of
information.
23A-14A-1 Definitions.
23A-14A-2 Summoning prisoner in this state to testify in another state--Certificate of out-of-state judge--Hearing.
23A-14A-3 Issuance of order to attend.
23A-14A-4 Terms and conditions for return, custody--Costs.
23A-14A-5 Exceptions.
23A-14A-6 Prisoner from another state summoned to testify in this state--Certificate.
23A-14A-7 Order of compliance with terms and conditions prescribed by out-of-state judge.
23A-14A-8 Exemption of prisoner from another state from arrest or service of process.
23A-14A-9 Uniformity of interpretation.
23A-14A-10 Citation.
23A-15-1
Order for conference to consider preliminary matters--Defendant not represented by
counsel.
23A-15-2
Memorandum of matters agreed upon at conference.
23A-15-3
Verbal admissions at conference not used against defendant.
23A-16-1
Concurrent state jurisdiction of offenses on Indian reservations within state.
23A-16-2
State jurisdiction of offense commenced outside state and consummated within state.
23A-16-3
(Rule 18) Right to speedy trial by impartial jury--Venue in county where offense
committed.
23A-16-4
Reserved.
23A-16-5
Proceedings taken within judicial circuit--Issues of fact determined within county--Circuit
judge orders in chambers.
23A-16-6
Repealed.
23A-16-7
Venue of offense commenced outside state.
23A-16-8
Venue of offense committed partly in one county and partly in another.
23A-16-9
Venue of offense on or near county boundary.
23A-16-10
Venue of offense on state boundary water--Change of venue.
23A-16-11
Venue of homicide prosecution in county where fatal injury inflicted.
23A-16-12
Venue when stolen property taken from one county to another.
23A-16-13
Venue of offense by sending letter from one county to another.
23A-16-14
Venue of offense by use of mails.
23A-16-15
Venue of prosecution of principal not present at commission of offense.
23A-16-16
Venue of prosecution of accessory where principal offense committed in another county.
23A-16-17
County seat municipality which lies in more than one county.
23A-16-18
Venue of prosecution of perjury.
23A-17-1
(Rule 20(a)) Consent by defendant to waive trial and accept disposition in county where
arrested or held--Approval by prosecuting attorneys--Transmittal of papers.
23A-17-2
(Rule 20(b)) Reserved.
23A-17-3
(Rule 20(c)) Return of papers to original county when defendant pleads not guilty.
23A-17-4
(Rule 20(d)) Reserved.
23A-17-5
(Rule 21(a)) Change of county when fair trial impossible in original county.
23A-17-6
(Rule 21(b)) Change of county for convenience on consent of parties.
23A-17-7
(Rule 21(c)) Transmittal of papers on change of counties.
23A-17-8
(Rule 22) Time for motion to transfer.
23A-17-9
Costs and fees on transferred case paid by original county.
23A-18-1
(Rule 23(a)) Trial by jury unless waived by parties.
23A-18-2
(Rule 23(b)) Number of jurors--Stipulation for smaller jury.
23A-18-3
(Rule 23(c)) Findings of fact in trial without jury.
CHAPTER 23A-19
THE JURY PANEL
23A-19-1 Panel defined.
23A-19-2 Challenge to panel defined.
23A-19-3 Grounds for challenge to panel--Bias of officer summoning additional jurors.
23A-19-4 Time for challenge to panel--Ground stated.
23A-19-5 Challenge to panel when several defendants tried together.
23A-19-6 Objection to challenge--Entry and trial.
23A-19-7 Trial of sufficiency of challenge--Trial of fact issues.
23A-19-8 Examination of officers on trial of challenge to panel.
23A-19-9 New jury on allowance of challenge to panel--Jury impaneled if challenge disallowed.
23A-19-10 Calling of jurors' names when case ready for trial--Attachment for absent jurors.
23A-19-11 Drawing of names of jurors.
CHAPTER 23A-20
(RULE 24) THE TRIAL JURY
23A-20-1 Jurors summoned for civil actions used for criminal trials.
23A-20-2 Alternative methods of selecting jurors.
23A-20-3 Call of jurors equal to number required including challenges.
23A-20-4 Formation of trial jury as in civil actions.
23A-20-5 (Rule 24(a)) Reserved.
23A-20-6 Prospective jurors--Examination.
23A-20-7 Oath of panel members.
23A-20-7.1 Affirmation permitted in lieu of oath.
23A-20-8 Excuse and replacement of juror disqualified for cause--Challenges for cause on record.
23A-20-9 Kinds of challenge for cause--Taken by either party.
23A-20-10 Order of taking challenges for cause.
23A-20-11 Repealed by SL 1999, ch 284.
23A-20-12 Repealed by SL 1999, ch 285.
23A-20-13 Repealed by SL 1999, ch 286.
23A-20-13.1 Challenges for cause in criminal cases.
23A-20-14 Entry in minutes of challenge to individual juror.
23A-20-15 Objections to challenge of jurors--Denial of facts.
23A-20-16 Trial by court of challenges.
23A-20-17 Examination as witness of challenged juror--Evidence received.
23A-20-18 Allowance or disallowance of challenge to individual juror.
23A-20-19 Peremptory challenge defined--Either party.
23A-20-20 (Rule 24(b)) Number of peremptory challenges allowed.
23A-20-21 Additional challenges granted by court.
23A-20-22 Challenges allowed when more than one defendant.
23A-20-23 Time of motion for additional challenges.
23A-20-24 Alternative methods of exercising peremptory challenges.
23A-20-25 Alternating peremptory challenges.
23A-20-26 Peremptory challenges exercised as in civil trials.
23A-20-27 Trial jury constituted after peremptory challenges--Last jurors chosen as alternates.
23A-20-28 (Rule 24(c)) Impaneling of alternate jurors--Replacement of regular jurors--Qualifications and oaths.
23A-20-28.1 Additional methods of choosing alternate jurors.
23A-20-29 Grounds for excuse of juror during trial.
23A-20-30 Degree of kindred--Direct and collateral line--Descending and ascending direct line--Degrees in collateral line.
23A-21-1
Disqualification as in civil actions.
23A-21-2
Magistrate pro tempore to replace magistrate disqualified for bias or prejudice.
23A-21-3
(Rule 25(a)) Replacement of judge disabled during jury trial.
23A-21-4
(Rule 25(b)) Assignment to replace judge disabled after verdict or conviction--New trial.
23A-22-1
(Rule 26) Reserved.
23A-22-2
Civil rules applicable except as provided.
23A-22-3
Innocence presumed--Reasonable doubt requires acquittal.
23A-22-4
Facts put in issue by not guilty plea.
23A-22-5
Burden of proof as to mitigation or excuse in homicide prosecution.
23A-22-6
Defendant's right to testify--No presumption from failure to testify.
23A-22-7
Discharge of defendant to testify against codefendant.
23A-22-8
Corroboration of accomplice's testimony required for conviction.
23A-22-9
(Rule 26.1) Notice of issue concerning law of foreign country--Sources considered--Determination as question of law.
23A-22-10
(Rule 27) Proof of official record or lack of record.
23A-22-11
(Rule 28) Appointment and compensation of interpreter.
23A-22-12
Dying declarations defined--Admissibility in homicide prosecutions--Admissibility
for defense.
23A-22-13
Overt acts required for conspiracy conviction.
23A-22-14
Proof of incorporation of bank not required in forgery or counterfeiting prosecution--Expert testimony as to forgery or counterfeiting.
23A-22-15, 23A-22-15.1. Repealed.
23A-22-16
Proof of marriages in bigamy prosecutions.
23A-22-17
View of place of offense by jury--Protection of jury from unlawful communication.
23A-23-1
(Rule 29(a)) Motion for directed verdict abolished--Judgment of acquittal entered with or
without motion on close of evidence for either side--Defendant's right to offer evidence
after denial of motion.
23A-23-2
(Rule 29(b)) Reservation of decision on motion made at close of trial--Time of ruling.
23A-23-3
(Rule 29(c)) Motion made after discharge of jury--Setting aside guilty verdict--Prior
motion not required.
23A-23-4
Renewal of motion not required for review on appeal.
CHAPTER 23A-24
CONDUCT OF TRIAL
23A-24-1 23A-24-1. (Rule 29.1) Reserved
23A-24-2 Order of proceedings at trial.
23A-24-3 Departure from order of proceedings for good cause.
23A-24-4 Separation or segregation of jurors before submission of case--Oath of officers in charge of jury.
23A-24-5 Admonition to jurors on each adjournment of court.
23A-24-6 Minor's testimony as to sexual offense involving child--Open only to certain persons--Exception for grand jury proceedings.
23A-24-7 Removal of victim and parent or guardian from courtroom.
23A-24-8 Victim unable to attend trial or hearing--Selection of representative.
23A-24-9 Failure of victim to exercise rights not grounds for appeal, reversal or remand.
23A-24-10 Certified therapeutic dogs--Definitions.
23A-24-11 Introduction of certified therapeutic dog--Motion--Contents.
23A-24-12 Certified handlers--Limitations.
CHAPTER 23A-25
JURY INSTRUCTIONS AND DELIBERATIONS
23A-25-1 23A-25-1. (Rule 30) Reserved
23A-25-2 Duty to receive law laid down by court.
23A-25-3 Statements of law included in charge--Exclusive judges of fact.
23A-25-3.1 Instruction on presumption of innocence required.
23A-25-3.2 Jury instructions--Certified therapeutic dogs.
23A-25-4 Preparation and settlement of instructions--Reading to jury--Comment during argument--Filing and endorsement of requested instructions.
23A-25-5 Officers sworn to protect privacy of jury--Overnight sequestration or separation--Prevention of communication--Return to court on reaching verdict.
23A-25-5.1 Oath of officers to protect privacy of jury.
23A-25-6 Retirement for deliberation--Room provided--Food and lodging during deliberation.
23A-25-7 Evidence and instructions kept by jury during deliberation.
23A-25-8 Request by jury for further instructions--Notice to and presence of parties.
23A-25-9 Discharge of jury on disability of member--Exception.
23A-25-10 Jury not discharged until verdict rendered--Exceptions.
23A-25-11 New trial when jury discharged before verdict.
23A-25-12 Court open for other business during jury deliberations--Discharge of jury by final adjournment.
23A-25-13 Guilty but mentally ill verdict--Forms furnished--Instructions.
23A-26-1
(Rule 31(a)) Unanimous verdict required--Return in open court.
23A-26-2
(Rule 31(b)) Return of verdict as to one of two or more defendants--Retrial of defendants
as to whom verdict not reached.
23A-26-3
General verdict required--Special verdict permitted.
23A-26-4
Form of general verdict on not guilty plea.
23A-26-5
Form of verdict acquitting for insanity.
23A-26-6
Direction to reconsider improper verdict.
23A-26-7
Verdict as to degree of crime--Lowest degree found on reasonable doubt.
23A-26-8
(Rule 31(c)) Conviction of included offense or attempt.
23A-26-9
Appearance of defendant--When required for verdict.
23A-26-10
(Rule 31(d)) Polling of jury after verdict returned--Further deliberation or discharge if not
unanimous.
23A-26-11
Recording of verdict--Inquiry of jury.
23A-26-12
Remand to custody on verdict of guilty or guilty but mentally ill--Commitment hearing on
acquittal for insanity.
23A-26-12.1
Mental examination and report before hearing.
23A-26-12.2
Hearing.
23A-26-12.3
Burden of proof.
23A-26-12.4
Commitment--Duration.
23A-26-12.5
Release--Procedure--Compliance with prescribed regimen as condition.
23A-26-12.6
Failure to comply with regimen--Notice--Arrest--Court determination.
23A-26-13
(Rule 31(e)) Reserved.
23A-26-14
Guilty but mentally ill verdict--Required findings.
CHAPTER 23A-27
SENTENCE AND JUDGMENT
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 Contents of judgment--Imprisonment in state correctional facility--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 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.
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.
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 correctional facility as condition of suspension.
23A-27-18.3 Conditions required on probation or suspension of sentence.
23A-27-18.4 Suspension of correctional facility 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 Warrantless arrest and taking into custody of person on probation or with suspended sentence--Conditions.
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-27-22, 23A-27-23. Repealed by SL 1989, ch 211, §§ 1, 2
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-27-25.7 Objection to fines or costs--Defendant sentenced to state correctional facility--Hearing.
23A-27-25.8 Reduction of fines or costs for work performed--Department of Corrections to track--Defendant responsible for remainder.
23A-27-25.9 Cost of digital forensic examination--Convicted defendant to reimburse--Cost capped--Deposit--"Personal electronic device" defined.
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 state correctional facility.
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 state correctional facility.
23A-27-34 Filing by warden of official statements--Inspection by secretary and Governor.
23A-27-35 Suspension of civil rights on sentence to state correctional facility--Prisoner as witness--Restoration of rights--Voting rights.
23A-27-36 23A-27-36. Repealed by SL 2004, ch 164, § 1
23A-27-36.1 Sentence to commence after expiration of last sentence of imprisonment.
23A-27-37 23A-27-37. Repealed by SL 2004, ch 165, § 1
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--Court order.
23A-27-47.1 Motion to access court services records or testimony on court services records--Notice.
23A-27-48 23A-27-48. Repealed by SL 2011, ch 125, § 1.
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 for violation of § 22-42-5 or 22-42-5.1--Treatment--Revocation.
CHAPTER 23A-27A
CAPITAL PUNISHMENT
23A-27A-1 Mitigating and aggravating circumstances considered by judge or jury.
23A-27A-2 Presentence hearing required--Relevant evidence.
23A-27A-3 Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury.
23A-27A-4 Aggravating circumstance and recommendation of death penalty required for Class A felony death sentencing--Life imprisonment--Bench trial or guilty plea.
23A-27A-5 Written designation of aggravating circumstances required.
23A-27A-6 Designation by judge in nonjury cases--At least one aggravating circumstance required for death penalty imposition.
23A-27A-7 Sentence of death--Copies of judgment provided to officials.
23A-27A-8 Accumulation of prior capital felony records by Supreme Court--Staff and methods.
23A-27A-9 Review by Supreme Court required when death penalty imposed--Procedure.
23A-27A-10 Sentence review consolidated with direct appeal--Decision.
23A-27A-11 Procedure on appeal from capital punishment case--Briefs--Oral argument.
23A-27A-12 Factors reviewed by Supreme Court regarding sentence.
23A-27A-13 Reference to similar cases to be included in decision--Death sentence affirmed or set aside--Similar-case records provided to resentencing judge.
23A-27A-14 Life imprisonment when death penalty held unconstitutional.
23A-27A-15 Warrant of death sentence and execution--Time of execution.
23A-27A-16 Delivery of defendant with warrant to state correctional facility.
23A-27A-17 Date and time of execution--Secretary of corrections to make public announcement.
23A-27A-18 23A-27A-18. Repealed by SL 2008, ch 117, § 5.
23A-27A-19 Investigation by Governor.
23A-27A-20 Reprieve or suspension of sentence by Governor during investigation.
23A-27A-21 Power to reprieve or suspend sentence limited to Governor--Exception.
23A-27A-22 Mental incompetence of defendant--Notice to Governor, secretary of corrections, and sentencing court.
23A-27A-22.1 Hearings and examinations regarding mental competence of defendant--Change in circumstances.
23A-27A-22.2 Psychiatric examination.
23A-27A-22.3 Psychiatric report.
23A-27A-22.4 Video tape record of psychiatric examination.
23A-27A-22.5 Counsel for defendant--Rights afforded at hearing.
23A-27A-23 23A-27A-23. Repealed by SL 2008, ch 117, § 17.
23A-27A-24 Defendant incompetent to be executed--Suspension of sentence--Confinement--Periodic review.
23A-27A-25 23A-27A-25. Repealed by SL 2008, ch 117, § 18.
23A-27A-26 Defendant mentally competent to be executed--Warrant of death sentence and execution--Time of execution.
23A-27A-26.1 Death penalty not to be imposed on intellectually disabled person.
23A-27A-26.2 Intellectual disability defined.
23A-27A-26.3 Procedures for determining intellectual disability of defendant.
23A-27A-26.4 Appeal by state.
23A-27A-26.5 Examination of defendant by expert designated by state--Videotaped recording--Defendant's statements inadmissible except as to issue of intellectual disability.
23A-27A-26.6 Applicability of §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive.
23A-27A-26.7 Inseparability of §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive.
23A-27A-27 Pregnancy of defendant--Examination--Report.
23A-27A-28 Suspension of sentence if defendant pregnant.
23A-27A-29 Defendant no longer pregnant--Execution warrant issued.
23A-27A-30 23A-27A-30. Repealed by SL 2008, ch 117, § 22.
23A-27A-31 Warrant appointing new time for execution issued by sentencing court if defendant not executed within original time period.
23A-27A-31.1 Repealed.
23A-27A-31.2 Confidentiality of identity of person or entity supplying or administering intravenous injection substance--Violation as misdemeanor.
23A-27A-32 Place and manner of execution--Qualifications to administer intravenous injection--Substances dispensed to secretary of corrections or designee without prescription.
23A-27A-32.1 Execution of persons convicted before July 1, 2007--Choice of manner of execution.
23A-27A-33 Place for persons and equipment provided at correctional facility.
23A-27A-34 Attendance at execution by attorney general, sentencing judge, state's attorney, sheriff, representatives of victim, news media, and additional citizens approved by secretary of corrections.
23A-27A-34.1 Attendance at execution by person trained to pronounce death, corrections staff, and law enforcement officers.
23A-27A-34.2 Witnesses permitted to defendant at execution.
23A-27A-35 23A-27A-35. Repealed by SL 2008, ch 117, § 28.
23A-27A-36 Other persons not permitted to attend.
23A-27A-37 Secrecy of execution time--Disclosure as misdemeanor.
23A-27A-37.1 Repealed.
23A-27A-37.2 Postmortem examination by county coroner.
23A-27A-37.3 Autopsy.
23A-27A-38 23A-27A-38. Repealed by SL 2007, ch 152, § 2.
23A-27A-39 Interment of body unless claimed by relative.
23A-27A-40 23A-27A-40. Repealed by SL 2008, ch 117, § 38.
23A-27A-40.1 Certificate of execution.
23A-27A-41 23A-27A-41. Repealed by SL 2008, ch 117, § 33.
23A-27A-42 Death penalty prohibited for defendant younger than eighteen when offense committed.
23A-27A-43 Immunity of persons participating and cooperating in execution.
23A-27A-44 Effect of amendment and repeal of sections.
CHAPTER 23A-28
RESTITUTION TO VICTIMS OF CRIME
23A-28-1 Policy of state--Enforcement of order.
23A-28-2 Definition of terms.
23A-28-3 Plan of restitution--Present inability to make restitution--No pecuniary damages suffered--Hearing--Condition of parole.
23A-28-4 Submission of restitution plan to court--Approval or modification.
23A-28-5 Factors considered in formulating restitution plan.
23A-28-6 Notice to victims of restitution plan--Civil action against defendant.
23A-28-7 Compliance with restitution plan as condition of probation or suspension--Payments to clerk.
23A-28-8 Failure to comply as violation of conditions of probation--Modification of plan by court--Contempt.
23A-28-9 Civil remedies of victims unimpaired--Restitution payments set off.
23A-28-10 23A-28-10. Repealed by SL 1986, ch 196, § 5
23A-28-11 Community service restitution--Plan preparation, approval and modification--Recipients exempt from providing reemployment assistance and workers' compensation insurance and certain civil liability.
23A-28-12 Minor victim's medical, psychological or psychiatric treatment or foster care--Sentence requiring payment.
23A-28-13 Unlawful taking of money from store or mercantile establishment.
23A-28-14 Release of certain information to victims of delinquent act of juvenile.
23A-28-15 Support for minor child victim--Vehicular homicide of parent.
23A-28A-1
Contracts with accused or convicted persons for publications regarding crime--Attorney
general to receive copy of contract and moneys owed.
23A-28A-2
Attorney general's proceedings under escrow provisions--Notice to accused or convicted
person--Application by accused or convicted person for hearing--Orders by court.
23A-28A-3
Escrow account for benefit of victim--Civil action by victim.
23A-28A-4
Notices of escrow moneys held by attorney general.
23A-28A-5
Failure of victim to bring civil action--Action by governmental entity for costs of
prosecution and imprisonment.
23A-28A-6
Reimbursement of governmental entities for costs of prosecution and imprisonment--Crediting of proceeds.
23A-28A-7
Acquittal of accused person--Payment of escrowed moneys.
23A-28A-8
No actions brought against escrowed moneys--Payment to convicted person.
23A-28A-9
Person not guilty as result of mental illness deemed convicted person.
23A-28A-10
Person unfit for trial as result of mental illness--Action by attorney general to determine
disposition of escrow account.
23A-28A-11
Commencement of five-year period for bringing action.
23A-28A-12
Charges and costs of attorney general deducted from escrow account.
23A-28A-13
Legal representation of accused or convicted person--Use of escrowed moneys.
23A-28A-14
Acts by accused or convicted person to defeat purpose of chapter void.
CHAPTER 23A-28B
CRIME VICTIMS' COMPENSATION PROGRAM
23A-28B-1 Definitions.
23A-28B-2 Rights of resident victim of out-of-state crime.
23A-28B-3 Crime Victims' Compensation Commission--Apportionment of members.
23A-28B-4 Duties of commission.
23A-28B-5 Membership of commission--Terms of office--Vacancies.
23A-28B-6 Administration of commission.
23A-28B-7 Commission meetings--Quorum.
23A-28B-8 Compensation and expenses for commission members.
23A-28B-9 Preponderance of evidence required for receipt of compensation.
23A-28B-10 No right to compensation--Availability of funds.
23A-28B-11 Application for compensation.
23A-28B-12 Furnishing application forms.
23A-28B-13 Documentation required with application--Notice of rejection.
23A-28B-14 Amended application--Additional material.
23A-28B-15 Application for compensation on behalf of minor or incompetent.
23A-28B-16 State and local agencies to provide information to Department of Social Services.
23A-28B-17 Subpoenas authorized for investigation of eligibility.
23A-28B-18 Circumstances permitting compensation.
23A-28B-19 Compensation for economic losses due to personal injury or death.
23A-28B-20 Calculating compensation--Standard.
23A-28B-21 Limit of compensation.
23A-28B-22 Compensation reduced by amount of collateral payment.
23A-28B-23 Conviction of person for criminal conduct not required for award of compensation.
23A-28B-24 Payment of compensation--Lump sum--Exception for protracted disability--Award not subject to process.
23A-28B-25 Circumstances not permitting award of compensation.
23A-28B-26 Relative or household member of offender eligible for compensation.
23A-28B-27 Emergency award of compensation--Amount--Excess amount repaid.
23A-28B-28 Department recommendation or order upon review and investigation of application--Notice.
23A-28B-29 23A-28B-29. Repealed by SL 1998, ch 150, § 3
23A-28B-30 Fees and mileage allowance for witness in compensation hearing.
23A-28B-31 Order entered on all claims submitted under chapter--Content.
23A-28B-32 Request for review of department order--Hearing.
23A-28B-32.1 Department permitted to amend commission order.
23A-28B-33 Promulgation of rules for administration of chapter.
23A-28B-34 Department subrogated to claimant's cause of action--Action against party liable for claimant's injury.
23A-28B-35 Fraudulent claim prohibited--Violation as misdemeanor or felony.
23A-28B-36 Confidentiality of records and reports.
23A-28B-37 Application hearing open to public--Exceptions.
23A-28B-38 Privileged communications.
23A-28B-39 Assistant attorney general to advise department and commission--Litigation assistance.
23A-28B-40 Crime victims' compensation fund--Establishment--Purposes.
23A-28B-40.1 Emergency expenses--Requests for reimbursement.
23A-28B-41 Payments from fund--Warrants--Vouchers.
23A-28B-42 Compensation surcharge for certain crimes--Waiver.
23A-28B-43 Collection of compensation surcharge--Disbursement.
23A-28B-44 No awards before July 1, 1992.
CHAPTER 23A-28C
CRIME VICTIMS' ACT
23A-28C-1 Rights of crime victim.
23A-28C-1.1 Notice defined.
23A-28C-1.2 Electronic notification and SAVIN system defined.
23A-28C-2 Notice of rights--Victim registration with SAVIN system--Confidentiality.
23A-28C-3 Enforcement of constitutional or statutory rights.
23A-28C-4 Victim defined.
23A-28C-5 Notice of incarcerated offender's change of status.
23A-28C-6 Notice to be provided by Department of Corrections or state's attorney.
23A-28C-7 Victim or witness assistant--Appointment and compensation.
23A-28C-8 Victim or witness assistant--Duties.
23A-28C-9 Notice to immediate family.
23A-28C-10 Statewide automated victim information and notification system.
23A-28C-11 Notice of clemency hearing--Contents.
23A-28C-12 Notice of discretionary parole hearing--Contents.
23A-28C-13 Victim request for notification.
23A-28C-14 Request for notification by parent or guardian.
23A-28C-15 Sharing of information by interagency multidisciplinary teams.
23A-28C-16 Office of Liaison for Missing and Murdered Indigenous Persons established--Duties--Budget.
23A-29-1
Time for motion for new trial--Rulings thereon--Extension of time.
23A-29-2
Effect of grant of new trial--Evidence received.
23A-30-1
(Rule 34) Grounds for arrest of judgment--Time for motion.
23A-30-2
Effect of arrest of judgment.
23A-30-3
Recommitment or admission to bail after arrest of judgment--Discharge if evidence
insufficient.
23A-31-1
(Rule 35) Correction or reduction of sentence--Time permitted--Post-conviction
remedies unimpaired.
23A-31-2
(Rule 36) Correction of clerical mistakes.
23A-31-3
Reduction of sentence for substantial assistance in investigating or prosecuting
another.
CHAPTER 23A-32
APPEALS TO SUPREME COURT
23A-32-1 Transcript prepared when necessary to protect defendant's rights.
23A-32-2 Defendant's right to appeal.
23A-32-3 Reproduction of brief for indigent defendant--Form and contents.
23A-32-4 Appeal by prosecution from judgment setting aside verdict, dismissal, arrest of judgment, new trial, or deviation from mandatory sentence.
23A-32-5 Appeal by prosecution--Suppression order--Dismissal of complaint--Procedure--Double jeopardy.
23A-32-6 Time for appeal by prosecution.
23A-32-7 Release on bail pending appeal by prosecution.
23A-32-9 Scope of review by Supreme Court.
23A-32-10 New trial motion not required to preserve grounds for appeal.
23A-32-11 Scope of review when denial of new trial assigned as error.
23A-32-12 Discretionary appeal from intermediate order before trial--Procedure.
23A-32-13 Constitutional issue first raised on appeal.
23A-32-14 Provisions as to civil appeals applicable unless otherwise provided.
23A-32-15 Time of taking appeal.
23A-32-16 Notice of appeal--Service on adverse parties--Perfection of appeal--Fee not required of indigent defendant.
23A-32-17 Service of notice of appeal and papers on attorney general--Control of case by attorney general.
23A-32-18 Remand to trial court for new trial motion.
23A-32-19 Disposition of case directed by Supreme Court.
23A-32-20 Time for appeal by personal representative of deceased defendant's estate.
23A-32-21 Continuation by personal representative of pending appeal--Substitution--Time limits.
23A-32-22 Discretionary appeals of illegal sentences.
23A-33-1
Stay of execution by trial court on notice of intent to appeal.
23A-33-2
(Rule 38(a)(2)) Stay of imprisonment on appeal--Transfer of prisoner to
facilitate preparation of appeal.
23A-33-3
Stay of further proceedings on appeal from order before judgment.
23A-33-4
(Rule 38(a)(3)) Stay of fine pending appeal--Security required of defendant.
23A-33-5
(Rule 38(a)(4)) Stay of order for probation.
23A-33-6
Bail pending appeal.
23A-33-7 to 23A-33-9.
(Rules 38(b), 38(c), 39)) Reserved.
CHAPTER 23A-35
(RULE 41) SEARCH AND SEIZURE
23A-35-1 Definition of search warrant.
23A-35-2 (Rule 41(a)) Magistrate issuing warrant--Officer requesting.
23A-35-3 (Rule 41(b)) Property for which warrant may be issued.
23A-35-4 (Rule 41(c)(1)) Affidavits furnishing probable cause for warrant--Examination of witnesses by magistrate--Record of proceedings--Contents of warrant.
23A-35-4.1 Filing of affidavit--Sealing of affidavit.
23A-35-4.2 Electronic transmission of affidavit in support of search warrant--Issue of search warrant--Proof of magistrate's signature.
23A-35-4.3 Search warrant for installation, use, and maintenance of tracking device.
23A-35-5 (Rule 41(c)(2)) Oral testimony as basis for warrant--Transcription, certification and filing with court.
23A-35-6 (Rule 41(c)(2)(A)) Grounds for warrant on oral testimony--Verbatim contents of warrant--Signature of duplicate by requesting officer--Preparation of original by magistrate.
23A-35-7 (Rule 41(c)(2)(B)) Return of warrant issued on oral testimony--Signature by person establishing grounds for issuance.
23A-35-8 Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant.
23A-35-9 Grounds for no-knock warrant--Powers of officer executing.
23A-35-10 (Rule 41(d)) Receipt and copy of warrant given to person from whom property taken--Inventory filed with return of warrant--Copies of inventory.
23A-35-11 (Rule 41(e)) Motion in circuit court for return of property illegally seized--Restoration of property--Treatment as motion to suppress evidence.
23A-35-12 (Rule 41(f)) Motion to suppress evidence in trial court.
23A-35-13 (Rule 41(g)) Papers filed with clerk of court by magistrate to whom warrant returned.
23A-35-14 (Rule 41(h)) Special provisions for search unimpaired--Property defined.
CHAPTER 23A-35A
INTERCEPTION OF WIRE, ELECTRONIC, OR ORAL COMMUNICATIONS
23A-35A-1 Definition of terms.
23A-35A-2 Authorization or approval for interception of communications.
23A-35A-3 Authority of attorney general or state's attorney to apply for order for interception of communications.
23A-35A-4 Application to intercept communications--Form and contents.
23A-35A-5 Circuit judge to authorize interception.
23A-35A-6 Ex parte order authorizing wiretapping or eavesdropping--Probable cause required for entry.
23A-35A-7 Contents of order.
23A-35A-8 Cooperation and technical assistance required of carriers, landlords, and others--Compensation.
23A-35A-9 Progress reports to issuing judge.
23A-35A-10 Duration of order--Extensions.
23A-35A-11 Authority for eavesdropping--Retention of orders and papers by applicant--Copy of order retained by judge.
23A-35A-12 Sealing of applications and orders--Custody--Disclosure for good cause.
23A-35A-13 Recording of intercepted communications if possible--Sealing of recordings.
23A-35A-14 Disclosures to interested parties--Inspection of intercepted communications, application, or order--Postponement of notice.
23A-35A-15 Disclosure of contents of intercepted communications among investigative or law enforcement officers.
23A-35A-16 Appropriate use of contents of intercepted communication by investigative or law enforcement officer.
23A-35A-17 Disclosure of contents of intercepted communication in court or grand jury proceeding.
23A-35A-18 Interception of communications relating to offenses other than specified in order--Use of contents.
23A-35A-19 Privileged communications.
23A-35A-20 Overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony.
23A-35A-21 Exemptions from chapter.
23A-35A-22 Use of pen register or trap and trace device without court order prohibited--Violation as misdemeanor.
23A-35A-23 Application of prohibition to provider of wire or electronic communication service.
23A-35A-24 Application for order authorizing use of pen register or trap and trace device.
23A-35A-25 Contents of application.
23A-35A-26 Issuance of ex parte order authorizing use of pen register or trap and trace device.
23A-35A-27 Contents of ex parte order authorizing use of pen register or trap and trace device.
23A-35A-28 Time limitation on use of pen register or trap and trace device--Extension.
23A-35A-29 Order sealed--Disclosure of existence of pen register or trap and trace device prohibited.
23A-35A-30 Persons required to assist installation of pen register.
23A-35A-31 Installation of trap and trace device--Assistance--Results given to law enforcement officer.
23A-35A-32 Reasonable compensation for assistance.
23A-35A-33 Persons providing assistance immune.
23A-35A-34 Good faith reliance on court order as complete defense.
23A-35B-1
Definitions.
23A-35B-2
Victim's request for testing of self.
23A-35B-3
Victim's request for testing of defendant or juvenile--Hearing--Search warrant for
blood sample--Time for testing.
23A-35B-3.1
Victim request for HIV test of defendant or juvenile--Hearing--Order--Time for
testing.
23A-35B-4
Testing procedure--Notification of victim as to results--Payment for testing.
23A-35B-5
Confidentiality--Test results unavailable to establish guilt or innocence.
23A-35B-6
Testing or counseling for officer upon possible exchange of bodily fluids with
suspect.
23A-35B-7
Emergency medical services person's request for information or testing of source
individual.
23A-35B-8
Mandatory HIV testing of persons convicted of prostitution or solicitation of
prostitution.
23A-35B-9
Time for HIV testing.
23A-35B-10
Convicted person to pay cost of testing.
23A-35B-11
Confidentiality of test results.
23A-35B-12
Petition for release of test results--Hearing.
23A-35B-13
Test results not to be used in criminal prosecution--Confidentiality.
23A-36-1
Determination by magistrate whether probable cause exists for search warrant--Notice of
hearing to person in possession.
23A-36-2
Hearing on search warrant for obscene material--Evidence received.
23A-36-3
Magistrate's orders to prevent removal of material pending hearing.
23A-36-4
Hearing on obscenity or nonobscenity of material--Determination of probable cause for
search warrant.
23A-36-5
Issuance of search warrant on finding of probable cause.
23A-36-6
Notice alleging nonobscenity of material seized--Time of hearing.
23A-36-7
Hearing on obscenity of material seized--Return to owner if not obscene.
23A-36-8
Expert testimony not required in obscenity hearing--Evidence of community standards.
23A-36-9
Verdict on obscenity of material seized.
23A-36-10
Order for destruction of obscene material seized.
CHAPTER 23A-37
DISPOSITION OF SEIZED PROPERTY
23A-37-1 Property subject to chapter.
23A-37-2 Safekeeping of seized property.
23A-37-3 Transfer to another court of property required as evidence.
23A-37-4 Application for return of property to person with right to possession.
23A-37-5 Time of hearing on claim for return of seized property.
23A-37-6 Notice of hearing on disposition of seized property.
23A-37-7 Money restored to owner--Gambling money paid into county treasury.
23A-37-8 Conditions for release of seized property to owner.
23A-37-9 Destruction of contraband and illegal property--Sale of articles capable of lawful use--Controlled weapons or firearms.
23A-37-10 Sale or transfer of unclaimed property.
23A-37-11 Controlled substances exempt from chapter.
23A-37-12 Chapter supplemental--Disposition as directed by court.
23A-37-13 Controlled weapons and firearms disposal.
23A-37-13.1 Money from sale to be deposited in law enforcement officers training fund.
23A-37-14 Photographing and return of property of victim seized as evidence--Admissibility of photographs.
23A-37-15 Notice to defendant of return--Motion not to release.
23A-38-1
(Rule 42(a)) Summary punishment of contempt in presence of court--Contents and
signature of order--Maximum punishment.
23A-38-2
(Rule 42(b)) Notice and hearing on criminal contempt out of presence of court--Disqualification of judge--Jury trial--Punishment as misdemeanor.
23A-38-3
Order to witness before grand jury to show cause against contempt.
23A-38-4
Notice of hearing on contempt by grand jury witness.
23A-38-5
Order holding grand jury witness in contempt.
23A-38-6
Counsel for indigent defendants in contempt cases.
23A-38-7
Bail pending appeal from order of confinement--Expeditious disposition of appeal.
23A-38-8
Place of confinement of person held in contempt.
23A-38-9
Subsequent punishment for contempt permitted on subsequent refusal to provide
information.
23A-38-10
Service of prisoner's sentence tolled for refusal to testify in certain proceedings--Prisoner
defined.
23A-39-1
(Rule 43 (a)) Presence required at all times except as provided.
23A-39-2
(Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.
23A-39-3
(Rule 43(c)) Corporation appearing by counsel--Presence not required in misdemeanor
prosecutions--Hearing to reduce sentence.
23A-39-4
Bench warrant for defendant failing to appear after release on bail--Costs assessed against
defendant.
23A-39-5
Service of bench warrant.
CHAPTER 23A-40
(RULE 44) COUNSEL FOR INDIGENT DEFENDANT
23A-40-1 23A-40-1, 23A-40-2. Reserved
23A-40-3 23A-40-3 to 23A-40-5. Repealed by SL 1979, ch 159, §§ 30 to 32
23A-40-6 Arrest or detention without formal charge--Assignment of counsel--Certification of indigency required.
23A-40-6.1 Assigned counsel not required where defendant not deprived of liberty--Statement of judge required.
23A-40-7 Representation provided by county or municipality for indigents detained without formal charge.
23A-40-8 Compensation of assigned counsel.
23A-40-9 Compensation of assigned counsel for services after judgment and conviction.
23A-40-10 Funds available from or on behalf of defendant--Order for reimbursement--Applicability--Credit against lien.
23A-40-11 Lien created against property of person for whom counsel provided--Limitation.
23A-40-12 Public defender's lien.
23A-40-13 Statement of claim filed--Enforceability of lien.
23A-40-14 Enforcement or disposition of lien.
23A-40-15 Foreclosure prohibited upon homestead or exempt personal property.
23A-40-16 Correction of mistake in lien record at request of adversely affected person.
23A-40-17 Court appointed attorney and public defender payment fund established.
23A-40-18 23A-40-18, 23A-40-19. Repealed by SL 1988, ch 189, §§ 4, 5
23A-40-20 Annual distribution of moneys in fund--Determination of pro rata payments to counties.
23A-40-21 Training on mental illness and services.
23A-41-1
(Rule 45(a)) Days included and excluded in computing time--Adjustment for weekends
and holidays.
23A-41-2
(Rule 45(b)) Extension of time by court--Permitting action after expiration of period--Exceptions.
23A-41-3
(Rule 45(c)) Reserved.
23A-41-4
(Rule 45(d)) Minimum time between notice and hearing on motion--Service of affidavits
supporting and opposing motions.
23A-41-5
(Rule 45 (e)) Time added when papers served by mail.
CHAPTER 23A-42
LIMITATION OF CRIMINAL PROSECUTIONS
23A-42-1 No limitation on prosecution for Class A, Class B, or Class C felonies.
23A-42-2 Seven-year limitation on other prosecutions.
23A-42-3 Limitation period on forgery or theft commences at time of discovery--Proof as to failure of discovery.
23A-42-4 Prosecution commenced by filing of complaint, information or indictment.
23A-42-5 Tolling of limitation period while defendant out of state.
23A-42-6 No limitation during time of mental incompetence.
CHAPTER 23A-43
BAIL
23A-43-1 23A-43-1. (Rule 46(a)) Reserved
23A-43-2 Release of defendant on personal recognizance or unsecured bond--Exceptions.
23A-43-2.1 Defendants charged with offense punishable by death.
23A-43-3 Additional conditions of release imposed when necessary to assure appearance for trial.
23A-43-3.1 Report of noncompliance with mental health treatment.
23A-43-3.2 Rules regarding noncompliance with mental health treatment.
23A-43-4 Factors considered in determining conditions of release to be imposed.
23A-43-4.1 23A-43-4.1, 23A-43-4.2. Transferred to §§ 25-10-40, 25-10-41.
23A-43-5 (Rule 46(b)) Conditions of release and bond continued unless ordered increased--Statement of reasons for adding conditions.
23A-43-6 Order stating conditions of release--Advice to defendant as to results of violation.
23A-43-7 Amendment of order to impose additional or different conditions of release--Review on inability of defendant to meet additional conditions.
23A-43-8 Review of conditions when defendant unable to meet conditions for release--Statement by magistrate of reasons for conditions.
23A-43-9 Review of conditions requiring return to custody after specified hours--Statement by magistrate of reasons for requirement.
23A-43-10 Review by another magistrate when committing magistrate unavailable.
23A-43-11 Continuation of conditions to insure subjection to another court where charges pending--Transmittal of papers to other jurisdiction.
23A-43-12 Information considered in bail proceedings need not conform to rules of evidence.
23A-43-13 Disposition of cases by forfeiture of collateral not prohibited.
23A-43-14 Motion for amendment by circuit judge of conditions of release.
23A-43-15 Appeal to Supreme Court for amendment of conditions of release--Disposition by court.
23A-43-16 Release pending judgment or appeal--Criteria considered--Right to judicial review of conditions.
23A-43-17 (Rule 46(c)) Burden of proof as to risk of flight or danger.
23A-43-18 Conditions of release imposed on material witness--Release after deposition taken.
23A-43-19 Order for commitment or better security from person about to abscond--Order of arrest.
23A-43-20 (Rule 46(d)) Justification by sureties--Findings as to financial responsibility--Attorney not to be surety.
23A-43-21 (Rule 46(e)(1)) Forfeiture of bond and revocation of release on breach of condition--Warrant for arrest.
23A-43-22 (Rule 46(e)(2)) Setting aside forfeiture of bail.
23A-43-23 (Rule 46(e)(3)) Default judgment on forfeiture--Enforcement of liability on motion--Notice of motion.
23A-43-24 (Rule 46(e)(4)) Remission of bond after entry of judgment.
23A-43-25 Proceeding against bail after forfeiture of undertaking--Payment into county treasury of money deposit forfeited--Bonds for traffic or other misdemeanor violations excluded.
23A-43-25.1 Reinstated bond or undertaking paid to officer with whom originally deposited.
23A-43-26 (Rule 46(f)) Exoneration of obligors and release of bail--Cash deposit or surrender of defendant exonerating.
23A-43-27 Exoneration of bail on commitment under sentence.
23A-43-28 Exoneration of bail on commitment as mentally ill.
23A-43-29 Arrest of defendant by surety on violation of conditions--Recommitment and discharge of surety.
23A-43-30 (Rule 46(g)) Court supervision to eliminate unnecessary detention.
23A-43-31 Failure to appear after release as forfeiture of security--Felony or misdemeanor.
23A-43-32 Contempt powers of courts unimpaired.
CHAPTER 23A-44
MISCELLANEOUS ADMINISTRATIVE PROVISIONS
23A-44-1 (Rule 47) Application for order to be by motion--When writing required--Contents--Supporting affidavit.
23A-44-2 (Rule 48(a)) Dismissal of charges by prosecution--Defendant's consent required during trial.
23A-44-3 Dismissal of charges for unnecessary delay in prosecution.
23A-44-4 Discharge of defendant and release of bail on dismissal of charges.
23A-44-5 Subsequent prosecution not barred by dismissal.
23A-44-5.1 Time allowed for disposition of criminal case--Periods excluded--Dismissal.
23A-44-6 Trial in one county as bar to prosecution in another.
23A-44-7 Service on parties of motions, notices, and similar papers.
23A-44-8 (Rule 49(b)) Service on attorney for party--Service as in civil proceedings.
23A-44-9 23A-44-9. (Rule 49(c)) Reserved
23A-44-10 (Rule 49(d)) Filing with court of papers to be served--Filing as in civil proceedings.
23A-44-11 (Rule 50(a)) Placement on calendars--Preference to criminal proceedings.
23A-44-12 23A-44-12. (Rule 50(b)) Reserved
23A-44-13 (Rule 51) Exceptions not required to preserve objection--Objection not required when no opportunity.
23A-44-14 (Rule 52(a)) Defects not affecting substantial rights disregarded.
23A-44-15 (Rule 52(b)) Plain error noticed though not brought to court's attention.
23A-44-16 23A-44-16. Repealed by SL 2008, ch 118, § 1.
23A-44-17 Content of record.
23A-45-1
Criminal proceedings defined.
23A-45-2
(Rule 54(a)) Proceedings to which title applies.
23A-45-3 to 23A-45-6.
(Rules 54(b)(1) to (4)) Reserved.
23A-45-7
(Rule 54(b)(5)) Proceedings to which title not applicable.
23A-45-8
Conflicts between title and other portions of code.
23A-45-9
Definition of terms.
23A-45-10
(Rule 55) Records kept as prescribed by Supreme Court.
23A-45-11
(Rule 56) Circuit court always open--Hours when clerk's office open.
23A-45-12
(Rule 57(a)) Circuit court rules adopted by presiding judge--Consistent with
title--Copies furnished to Supreme Court and code counsel--Publication of
rules.
23A-45-13
(Rule 57(b)) Procedure not specifically prescribed by statute or rule.
23A-45-14
(Rule 58) Forms drawn up by attorney general--Publication by code
commission--Not mandatory.
23A-45-15
(Rule 60) Citation of title--Citation of Rules of Criminal Procedure.
APPENDIX A. Circuit Court Rules (See § 23A-45-12).
23A-46-1
Conduct of psychiatric or psychological examination--Appointment of
examiners--Additional examiners--Commitment for examination.
23A-46-1.1
List of professionals qualified to conduct evaluations.
23A-46-2
Report by examiner--Contents.
23A-46-3
Hearing--Representation of subject--Opportunity to present evidence.
23A-46-4
Reports of director of facility where person hospitalized.
23A-46-5
Video tape of defendant's testimony or interview.
23A-46-6
Habeas corpus proceeding not precluded.
23A-46-7
Hearing on discharge of person--Time for requesting.
23A-46-8
Notice that release of hospitalized person would create substantial risk--Stay of
release.
23A-46-9
Mental examination and report--Conduct of hearing.
23A-46-10
Commitment--Finding.
23A-46-11
Recovery--Release procedure--Compliance with prescribed regimen as condition.
23A-46-12
Failure to comply with regimen--Notice--Arrest--Court determination.
23A-46-13
Hospitalized person against whom charges dismissed--Notice of risk--Civil
proceedings.
23A-47-1
Placement into administrative financial accountability system.
23A-47-2
Management of parolee, inmate, or probationer by administrative financial
accountability system.
23A-47-3
Monitoring and tracking of payments.
23A-47-4
Promulgation of rules for collection of outstanding court-ordered financial
obligations.
23A-47-5
Termination of financial obligation.
23A-47-6
Failure to comply with plan of restitution or plan for financial obligations.
23A-47-7
Contempt or review hearings.
23A-47-8
Report on administrative financial accountability system.
CHAPTER 23A-48
PROBATION SUPERVISION, RESPONSE TO VIOLATION OF CONDITIONS, AND DISCHARGE
23A-48-1 Evidence-based probation supervision practices.
23A-48-2 Methods used in adult probation supervision.
23A-48-3 Adult probation change plan defined.
23A-48-4 Graduated response grid for violation of conditions of probation.
23A-48-5 Statewide utilization of grid for adult cases.
23A-48-6 Incentives for compliance.
23A-48-7 Response grid to be standard condition of probation--Review of moderate or serious sanctions.
23A-48-8 Arrest for misdemeanor or felony--Petition to modify or revoke probation--Report.
23A-48-9 Application of grid.
23A-48-10 Factors for imposition of sanction.
23A-48-11 Court services officer response to violation of conditions of probation.
23A-48-12 Term of probation.
23A-48-13 Response grid oversight committee.
23A-48-14 Sentencing court authority to respond to violation or modify conditions.
23A-48-15 Earned discharge policy established.
23A-48-16 Definitions pertaining to earned discharge credits.
23A-48-17 Certain probationers ineligible for earned discharged credits.
23A-48-18 Eligibility for earned discharge credit.
23A-48-19 Criteria for awarding earned discharge credits.
23A-48-20 Reports to chief court services officer.
23A-48-21 Review of denial of earned discharge credit.
23A-48-22 Irrevocability of discharge credits--Sentencing court authority to modify probation.
23A-48-A Graduated Response Grid
APPENDIX TO CHAPTER 23A-48
Appendix A. Graduated Response Grid
South Dakota's Application of Supervisory Responses (ASR): Responding to the Public Safety Improvement Act
Violation Severity |
Administrative/ Financial Obligations Only/ Case Service Monitoring |
Low Risk active probationer (LSI-R) |
Moderate Risk active probationer (LSI-R) |
High Risk active probationer (LSI-R) |
Minor Failure to file paperwork/form on time Failure to complete an assignment/ directive Missing programming appointment (1st time) Missing meeting with officer (1st time) Late to meeting w/officer (1st time) Failure to meet financial obligation (1st time) Dishonesty (1st time) Failure to maintain satisfactory performance at educational/ employment endeavor (1st time) One 24/7 violation Violation of social decorum |
$ Verbal consequence $ Letter to client $ Volunteer opportunity (service; 1 time) $ Written assignment for client (brief) $ Discretion of CSO; appropriate per violation |
$ Verbal consequence $ Letter to client $ Volunteer opportunity (service; 1 time) $ Written assignment for client (brief) $ Discretion of CSO; appropriate per violation |
$ Verbal consequence $ Letter to client $ Volunteer opportunity (service; 1 time) $ Written assignment for client (brief) $ Discretion of CSO; appropriate per violation |
$ Verbal consequence $ Letter to client $ Volunteer opportunity (service; 1 time) $ Written assignment for client (brief) $ Discretion of CSO; appropriate per violation $ Extra (scheduled) meeting with officer for problem solving |
Moderate Continuing failure to file paperwork/form Continuing failure to complete assign./direct. Continuing missed programming appt. Continuing lateness to meeting w/officer Continuing failure to meet finance.ob. Continuing dishonesty Failure to report change in status (employ;residence; other) New arrest/charge B Misdemeanor Class 2 Continuing missed meeting w/officer New arrest/charge B Misdemeanor Class 1 Prohibited space by statute or court order Unsatisfactory termination from treatment program Continuing failure to maintain satisfactory performance at educational/ employment endeavor Contact with prohibited associates Violation of protection order Two 24/7 violation Positive (or continuing positive) UA Positive (or continuing positive) PBT AWOL |
$ Verbal consequence $ Letter to client $ Volunteer opportunity (service) $ Written assignment $ Discretion of CSO; appropriate per violation |
$ Verbal consequence $ Letter to client $ Volunteer opportunity (service) $ Written assignment $ Discretion of CSO; appropriate per violation $ Treatment referral $ Short-term jail stay B up to 48 hours |
$ Verbal consequence $ Letter to client $ Volunteer opportunity (service) $ Written assignment $ Discretion of CSO; appropriate per violation $ Treatment referral $ Increase meeting requirement $ Develop planner/scheduler/ workbook $ Court observations $ Increase UA and similar $ Residential/out-of-home placement $ House arrest/Electronic monitoring $ Short-term jail stay B up to 48 hours |
$ Verbal consequence $ Letter to client $ Volunteer opportunity (service) $ Written assignment $ Discretion of CSO; appropriate per violation $ Treatment referral $ Increase meeting requirement $ Develop planner/scheduler/ workbook $ Court observations $ Increase UA and similar $ Residential/out-of-home placement $ House arrest/Electronic monitoring $ Short-term jail stay B up to 48 hours |
Serious Continuing or ongoing contact w/prohibited associates Continuing or ongoing prohibited space by statute or court order Continuing failure to report change in status (employ; residence; other) Three or more 24/7 violation Ongoing failure to file paperwork/ form Ongoing missed programming appt. Ongoing missed meeting w/officer Ongoing lateness to meeting w/officer Ongoing failure to meet finance ob. Ongoing dishonesty Ongoing failure to maintain satisfactory performance at educational/ employment endeavor Ongoing positive UA and similar Ongoing positive PBT Unsatisfactory termination from any treatment program A significant event related to original/instant offense *New arrest/charge B Felony *Absconding *Continuing or ongoing AWOL *Continuing violation of protection order
|
$ Verbal consequence $ Letter to client $ Volunteer opportunity (service) $ Written assignment (thinking report) $ Increase/ institute meeting requirement $ Increase in supervision level/risk level $ Discretion of CSO; appropriate per violation $ Formal violation order to show cause issued |
$ Verbal consequence $ Letter to client $ Volunteer opportunity (service) $ Written assignment (thinking report) $ Increase meeting requirement $ Treatment referral $ Increase UA and similar $ Increase in supervision level/risk level $ House arrest/Electronic monitoring $ Discretion of CSO; appropriate per violation $ Short-term jail stay B up to 48 hours |
$ Verbal consequence $ Letter to client $ Volunteer opportunity (service) $ Written assignment (thinking report) $ Increase meeting requirement $ Treatment referral $ Increase UA and similar $ House arrest/Electronic monitoring $ Develop planner/scheduler/ workbook $ Residential/out-of-home placement (incl.tx) $ Discretion of CSO; appropriate per violation $ Short-term jail stay B up to 48 hours |
$ Verbal consequence $ Letter to client $ Volunteer opportunity (service) $ Written assignment (thinking report) $ Increase meeting requirement $ Treatment referral $ Increase UA and similar $ House arrest/Electronic monitoring $ Develop planner/scheduler/ workbook $ Residential/ out-of-home placement (incl.tx) $ Discretion of CSO; appropriate per violation $ Short-term jail stay B up to 48 hours |
Italics = discharge credit is not earned, if applicable to the case. Once discharge credit has not been granted to the offender for a month, it may not be earned back.
Violations that are not Italicized assume earned discharge credit can still be earned by the offender, if applicable to the case.
*Indicates the officer is required to submit a violation of probation report. In all other cells of the grid, the officer has the discretion to submit a probation violation report as appropriate in response to behavior.
Source: SL 2014, ch 258 (Supreme Court Rule 13-15, § 8), eff. Jan. 1, 2014.
CHAPTER 23A-49
CIVIL FORFEITURE FOR CRIME
23A-49-1 Real property subject to forfeiture for crime listed in chapter 34-20B or 22-24A.
23A-49-2 Conveyance used in common carrier business not subject to forfeiture--Exception.
23A-49-3 Stolen and leased conveyances not subject to forfeiture--Exception.
23A-49-4 Conveyance not subject to forfeiture for acts or omissions of nonowner--Exception.
23A-49-5 Item not subject to forfeiture for act or omission without owner's knowledge or consent.
23A-49-6 Victim protected against forfeiture by victim immunity.
23A-49-7 Seizure of property by court process.
23A-49-8 Seizure of property without court process.
23A-49-9 Time for instituting proceedings.
23A-49-10 Seized property subject only to order of court or official.
23A-49-11 Attorney general action with respect to seized property.
23A-49-12 Property subject to security interest--Action by attorney general.
23A-49-13 Civil action--Standard of proof.
23A-49-14 Procedure in forfeiture proceedings involving property other than real property or conveyances.
23A-49-15 Procedure in forfeiture proceedings involving real property or conveyances.
23A-49-16 Service of process by mail where person released on bail.
23A-49-17 Answer by party in interest.
23A-49-18 Disposition of property by court where no appearance made.
23A-49-19 Trial--Disposition of property by court.
23A-49-20 Attorney general's disposition of forfeited property.
23A-49-21 Seized property--Written report--Contents.
23A-49-22 Seized property--Searchable website or spreadsheet.
23A-49-23 Seized property--Information to be public.
23A-49-24 Seized property--Fees and costs recouped.
23A-49-25 Seized property--Promulgation of rules.
CHAPTER 23A-50
MENTAL HEALTH PROCEDURES IN CRIMINAL JUSTICE
23A-50-1 Definitions.
23A-50-2 Repealed.
23A-50-3 Repealed.
23A-50-4 Repealed.
23A-50-5 Fund for assisting counties with cost of court-ordered competency evaluations of defendants.
23A-50-6 Appointment of mental health response teams--Confidentiality of records.
23A-50-7 Establishment of mental health response team processes.
23A-50-8 Repealed.
23A-50-9 Rules on team formation and procedures.
23A-50-10 Rules regarding procedures for court-appointed defense attorney training.
23A-50-11 List of services available through community mental health system.
23A-50-12 Repealed.
23A-50-13 Repealed.
23A-50-14 Repealed.
CHAPTER 23A-51
INDIGENT LEGAL SERVICES
23A-51-1 Definitions.
23A-51-2 Commission on Indigent Legal Services--Purpose.
23A-51-3 Commission on Indigent Legal Services--Members--Terms--Officers--Meetings.
23A-51-4 Commission on Indigent Legal Services--Member removal--Vacancy.
23A-51-5 Commission on Indigent Legal Services--Member compensation prohibited--Per diem.
23A-51-6 Commission on Indigent Legal Services--Duties--Promulgation of rules.
23A-51-7 Office of Indigent Legal Services--Purpose.
23A-51-8 Office of Indigent Legal Services--Duties.
23A-51-9 Chief defender--Appointment--Duty--Term--Removal.
23A-51-10 Chief defender--Qualifications.
23A-51-11 Chief defender--Authority.
23A-51-12 Budget--Unified Judicial System.
23A-51-13 Commission of Indigent Legal Services subject to chapter 1-26.
23A-51-14 Office of Indigent Legal Services--Contracting with state agencies permitted.
