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.
23A-48-1. Evidence-based probation supervision practices.
Adult probation supervision shall use evidence-based practices and shall target the probationer's criminal risk and need factors with appropriate supervision and intervention, focusing resources on moderate-risk and high-risk offenders.
Source: SL 2014, ch 256 (Supreme Court Rule 13-14, § 1), eff. Jan. 1, 2014.
23A-48-2. Methods used in adult probation supervision.
Adult probation supervision shall include:
(1) Use of a normed and validated risk and needs assessment measuring criminal risk factors, specific individual needs and driving variable supervision levels;
(2) Use of assessment results to guide targeted supervision responses consistent with evidence-based practices as to the level of supervision and the practices used to reduce recidivism;
(3) Collateral and personal contacts, including unscheduled contacts, with the offender and community and with a frequency consistent with the probationer's supervision level and risk of re-offense, staying informed of the probationer's conduct, compliance with conditions, and progress in community based intervention;
(4) Use of adult probation change plans for each probationer assessed as medium-risk, high-risk or intensive risk to reoffend;
(5) Use of an automated call-in system for each probationer assessed as administrative or low risk to reoffend unless otherwise approved by the chief court services officer for the judicial circuit; and
(6) Use of practical and suitable supervision methods that are consistent with evidence-based practices to aid and encourage the probationer to improve his or her conduct and circumstances and to reduce the risk of recidivism through the use of incentives and rewards for positive behavior and swift and certain sanctions for noncompliance.
Source: SL 2014, ch 256 (Supreme Court Rule 13-14, § 2), eff. Jan. 1, 2014.
23A-48-3. Adult probation change plan defined.
"Adult probation change plan" means an individualized, documented accountability and behavior change strategy that:
(1) Matches the type and intensity of supervision to the assessed risk of reoffending;
(2) Targets and prioritizes the specific criminal risk factors of the individual, with attention to addressing barriers to learning and participation;
(3) Engages the probationer in the development of the plan; and
(4) Establishes a timetable for achieving specific behavioral goals, including a schedule for payments of restitution, child support, and other financial obligations.
Source: SL 2014, ch 256 (Supreme Court Rule 13-14, § 3), eff. Jan. 1, 2014.
23A-48-4. Graduated response grid for violation of conditions of probation.
Pursuant to § 16-22-13, the Supreme Court hereby adopts the following graduated response grid and rules to guide court services officers in determining the appropriate response to a violation of conditions of probation. It is the policy of the Unified Judicial System that violations of probation be addressed in a timely, consistent and reasonable manner by use of a graduated response grid. The use of graduated sanctions and incentives is intended to achieve public safety by holding offenders accountable for their behavior and reinforcing positive behavior.
Source: SL 2014, ch 258 (Supreme Court Rule 13-16, § 1), eff. Jan. 1, 2014.
23A-48-5. Statewide utilization of grid for adult cases.
The response grid in Appendix A to this chapter is hereby adopted for statewide use by court services officers. The response grid shall be utilized statewide for all adult cases supervised through court services. Sections 23A-48-4 to 23A-48-14, inclusive, do not apply to probationers supervised as part of a drug court as defined by § 16-22-3.
Source: SL 2014, ch 258 (Supreme Court Rule 13-16, § 2), eff. Jan. 1, 2014.
23A-48-6. Incentives for compliance.
Court services officers are encouraged to provide incentives for compliance with the conditions of probation and acknowledge achievements to reinforce positive behavior.
Source: SL 2014, ch 258 (Supreme Court Rule 13-16, § 3), eff. Jan. 1, 2014.
23A-48-7. Response grid to be standard condition of probation--Review of moderate or serious sanctions.
Except as stated in § 23A-48-5 the response grid shall be made a standard condition of probation and a probationer shall be informed that they may seek review of any moderate or serious sanction imposed by requesting review by the chief court services officer for the judicial circuit. In the event the supervising court services officer is the chief court services officer, the probationer may request review of such determination by a chief court services officer from another judicial circuit which shall be assigned by the director of trial court services. The decision made by the chief court services officer concerning the imposition of a sanction is final.
Source: SL 2014, ch 258 (Supreme Court Rule 13-16, § 4), eff. Jan. 1, 2014.
23A-48-8. Arrest for misdemeanor or felony--Petition to modify or revoke probation--Report.
The response grid applies to conduct that is a violation of the terms and conditions of probation including an arrest for a misdemeanor offense. If a probationer is arrested for a felony, the court services officer shall submit a probation violation report to the prosecuting attorney. The court services officer may file a petition to modify or revoke probation with the court at any time. If a probationer's conduct demonstrates a significant risk to public safety the court services officer shall immediately submit a probation violation report.
Source: SL 2014, ch 258 (Supreme Court Rule 13-16, § 5), eff. Jan. 1, 2014.
23A-48-9. Application of grid.
A court services officer shall respond to a violation through the application of the grid by utilizing the appropriate cells based on the probationer's risk level and the type of violation. The imposition of sanctions within a grid cell is vested to the discretion of the supervising court services officer. A court services officer may deviate up or down from the grid cell with supervisor approval. Not all responses in each grid cell may be appropriate for all violations or for all probationers. Graduated responses may be used individually or in combination and include formal and informal responses to probation violations. The imposition of any sanction or incentive shall be documented by the court services officer.
Source: SL 2014, ch 258 (Supreme Court Rule 13-16, § 6), eff. Jan. 1, 2014.
23A-48-10. Factors for imposition of sanction.
Court services officers shall consider the risk the probationer poses to the community, the severity of any violation, prior history on probation, previous violations or sanctions, and the deterrent effect when imposing a sanction. The court services officer shall also employ positive reinforcement for a probationer's compliance with the conditions of supervision and completion of benchmarks during the term of supervision.
Source: SL 2014, ch 258 (Supreme Court Rule 13-16, § 7), eff. Jan. 1, 2014.
23A-48-11. Court services officer response to violation of conditions of probation.
In response to a violation of the conditions of probation the court services officer may:
(1) Modify the conditions of community supervision for the limited purpose of imposing graduated sanctions.
(2) Place a probationer who violates the terms of supervision in a local correctional or detention facility for a period of time up to forty-eight hours with review and prior approval of the chief court services officer for the judicial circuit.
(3) Impose any sanction with consideration to the probationers' employment schedule while still preserving public safety and maintaining the purpose and integrity of the sanctioning process.
Source: SL 2014, ch 258 (Supreme Court Rule 13-16, § 8), eff. Jan. 1, 2014.
23A-48-12. Term of probation.
A sanction cannot extend the term of probation.
Source: SL 2014, ch 258 (Supreme Court Rule 13-16, § 9), eff. Jan. 1, 2014.
23A-48-13. Response grid oversight committee.
There is hereby established a response grid oversight committee to consider recommendations to the graduated response grid and make such changes as the committee determines appropriate by majority vote. The committee shall be appointed by the Chief Justice of the South Dakota Supreme Court. The committee shall consist of nine members and be composed of two judges, two chief court services officers, one deputy chief court services officer, two court services officers that are not chief or deputy chief court services officers, one state's attorney and one defense attorney. The director of trial court services shall also serve as a non-voting member of the committee. The committee shall meet within 180 days from appointment and at least annually thereafter.
Source: SL 2014, ch 258 (Supreme Court Rule 13-16, § 10), eff. Jan. 1, 2014.
23A-48-14. Sentencing court authority to respond to violation or modify conditions.
Nothing in §§ 23A-48-4 to 23A-48-14, inclusive, shall be construed to limit the sentencing court's ability to respond to a probation violation or modify the terms and conditions of probation.
Source: SL 2014, ch 258 (Supreme Court Rule 13-16, § 11), eff. Jan. 1, 2014.
23A-48-15. Earned discharge policy established.
Pursuant to the South Dakota Public Safety Improvement Act the Supreme Court establishes the following criteria and procedure for awarding earned credits for discharge from probation.
Source: SL 2014, ch 257 (Supreme Court Rule 13-15, § 1), eff. Jan. 1, 2014.
23A-48-16. Definitions pertaining to earned discharge credits.
Definitions for the purposes of determining earned discharge credits:
A. Absconded. The term absconded means to be absent from the offender's approved place of residence or employment with the intent of avoiding supervision. When there is reason to believe that an offender has absconded, verification of absence is obtained by conducting a field contact at the last known approved place of residence, contacting the last known approved place of employment, if applicable, and contacting known family members and collateral contacts.
B. Probationer. A probationer is defined as any person convicted of a felony or receiving a suspended imposition under § 23A-27-13 on a felony charge and sentenced by a South Dakota court to a term of supervised probation exceeding six months. A probationer for the purpose of §§ 23A-48-15 to 23A-48-22, inclusive, does not include a person sentenced to drug court, a minor on juvenile court probation, or a person serving probation only on a misdemeanor offense under the laws of the State of South Dakota.
C. Probation Violation. A probation violation is defined as any written report submitted to the prosecuting attorney by a supervising court service's officer, or any petition to modify or revoke probation filed with the court by a state's attorney, the attorney general or court services officer alleging that a probationer has violated the terms of supervised probation.
D. Supervised Probation. Supervised probation under §§ 23A-48-15 to 23A-48-22, inclusive, shall mean a period of probation, exceeding six months, imposed upon a probationer who has entered into a written agreement for probation with a court services officer that has been approved and filed with the court. Supervised probation does not include supervision through case-service monitoring or through the financial accountability collections system.
Source: SL 2014, ch 257 (Supreme Court Rule 13-15, § 2), eff. Jan. 1, 2014.
23A-48-17. Certain probationers ineligible for earned discharged credits.
Any probationer serving a term of supervised probation as the result of a sex offense under § 22-24B-1, a violation of the sex offender registry requirements, or a violation of community safety zone requirements is not eligible for earned discharge credits under §§ 23A-48-15 to 23A-48-22, inclusive.
Source: SL 2014, ch 257 (Supreme Court Rule 13-15, § 3), eff. Jan. 1, 2014.
23A-48-18. Eligibility for earned discharge credit.
Except as set forth in § 23A-48-17, a probationer who has a term of supervised probation of six months or more as of January 1, 2014 shall be eligible for earned discharge credit as set forth in § 23A-48-19 regardless of the date of conviction.
Source: SL 2014, ch 257 (Supreme Court Rule 13-15, § 4), eff. Jan. 1, 2014.
23A-48-19. Criteria for awarding earned discharge credits.
A probationer shall be awarded earned discharge credits while on supervised probation as follows:
(1) For each full calendar month of compliance with the terms of supervised probation an earned discharge credit of 30 days shall be awarded to a probationer. Each earned discharge credit shall reduce the term of supervised probation by 30 days. No earned discharge credit may be awarded for a partial month or the last two full months of supervised probation. No earned discharge credit may be awarded for any month, or portion of a month, during which the probationer is incarcerated.
(2) A probationer shall not receive an earned discharge credit for any month(s) during which a probation violation is pending before the court. If the court does not sustain the probation violation, the court may enter a written order awarding earned discharge credits to the probationer for the months the probation violation was pending before the court. Absent such an order the probationer shall not be entitled to any earned discharge credit for such period of time.
(3) Earned discharge credits shall not be awarded to a probationer for any month(s) in which a probationer is absconded. Additionally, a probationer shall not be awarded earned discharge credit for any month in which the probationer was sanctioned for conduct that disqualifies the probationer from receiving earned discharge credits as provided by the graduated response grid.
(4) A South Dakota probationer placed on supervised probation who is supervised in another state under the Interstate Compact for Adult Offender Supervision is eligible for earned discharge credits pursuant to §§ 23A-48-15 to 23A-48-22, inclusive.
(5) Earned discharge credits shall be applied to the probation term within fifteen days after the end of the month in which any credit was earned. A probationer who is eligible for earned discharge credits shall be notified of their probation discharge date on a semi-annual basis.
Source: SL 2014, ch 257 (Supreme Court Rule 13-15, § 5), eff. Jan. 1, 2014; SL 2015, ch 275 (Supreme Court Rule 15-13), eff. July 1, 2015; SL 2024, ch 240 (Supreme Court Rule 24-02), eff. Feb. 20, 2024.
23A-48-20. Reports to chief court services officer.
Within ten days following the end of the month, a supervising court services officer shall report to the chief court services officer for the judicial circuit the name of any probationer eligible for an award of earned discharge credit and whether an earned discharge credit was awarded for the previous month.
Source: SL 2014, ch 257 (Supreme Court Rule 13-15, § 6), eff. Jan. 1, 2014.
23A-48-21. Review of denial of earned discharge credit.
A probationer who objects to a supervising court services officer's determination that the probationer is ineligible for the award of earned discharge credit may seek review of that decision with the chief court services officer for the judicial circuit. Review of the denial of earned discharge credit may be made by filing a notice of review with the chief court services officer within 10 days from receiving notice of the denial. In the event the supervising court services officer is the chief court services officer, the probationer may request review of such determination by a chief court services officer from another judicial circuit which will be assigned by the director of trial court services. The decision made by the chief court services officer concerning the award of earned discharge credits is final.
Source: SL 2014, ch 257 (Supreme Court Rule 13-15, § 7), eff. Jan. 1, 2014.
23A-48-22. Irrevocability of discharge credits--Sentencing court authority to modify probation.
Earned discharge credits are not revocable once awarded. However, nothing in §§ 23A-48-15 to 23A-48-22, inclusive, limits the sentencing court's authority to modify the terms and conditions of probation.
Source: SL 2014, ch 257 (Supreme Court Rule 13-15, § 8), eff. Jan. 1, 2014.