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.