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.

23A-31-1. (Rule 35) Correction or reduction of sentence--Time permitted--Post-conviction remedies unimpaired.

A court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided in this section for the reduction of sentence. A court may reduce a sentence:

(1)    Within two years after the sentence is imposed;

(2)    Within one hundred twenty days after receipt by the court of a remittitur issued upon affirmance of the judgment or dismissal of the appeal; or

(3)    Within one hundred twenty days after entry of any order or judgment of the Supreme Court denying review of, or having the effect of upholding, a judgment of conviction;

whichever is later. A court may also reduce a sentence upon revocation of probation or suspension of sentence as provided by law. The remedies provided by this section are not a substitute for nor do they affect any remedies incident to post-conviction proceedings.

Source: SL 1978, ch 178, § 384; SL 2005, ch 127, § 2.

23A-31-2. (Rule 36) Correction of clerical mistakes.

Clerical mistakes in judgments, orders, or other parts of a record and errors in a record arising from oversight or omission may be corrected by a court at any time and after such notice, if any, as the court orders.

Source: SL 1978, ch 178, § 385.

23A-31-3. Reduction of sentence for substantial assistance in investigating or prosecuting another.

Upon the motion of the prosecuting attorney, the court may reduce a sentence if the defendant has provided substantial assistance in investigating or prosecuting another person.

Whenever granting a sentence reduction pursuant to this section, the court is not prohibited from reducing the sentence to a level below the minimum sentence provided in statute.

Source: SL 2009, ch 125, § 1.