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    (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.

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    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-27-26    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    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.

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.