Chapter 27 - Sentence And Judgment
- Section 23A-27-1 - (Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation oraggravation of punishment--Evidence received--Restitution.
- Section 23A-27-1.1 - Address of court by victim before sentence imposed--Response ofdefendant--"Victim" defined.
- Section 23A-27-1.2 - Notice to victim of hearing to reduce sentence--Address to court byvictim--Response by defendant--Continuance.
- Section 23A-27-2 - No forfeiture of property unless expressly imposed.
- Section 23A-27-3 - (Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea.
- Section 23A-27-4 - (Rule 32(b)(1)) Contents of judgment--Imprisonment in state penitentiary--Multiple convictions--Discharge--Signature--Filing--Crime qualifierdefined.
- Section 23A-27-4.1 - Relief from judgment--Grounds--Time of motion.
- Section 23A-27-5 - (Rule 32(c)(1)) Presentence investigation and report--Contents notdisclosed unless defendant convicted.
- Section 23A-27-6 - (Rule 32(c)(2)) Contents of report of presentence investigation.
- Section 23A-27-7 - (Rule 32(c)(3)(A)) Parties' access to presentence report before sentenceimposed--Material kept from defendant--Comments and other evidencereceived.
- Section 23A-27-8 - (Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentencereport--Comments received.
- Section 23A-27-9 - (Rule 32(c)(3)(C)) Disclosures from presentence report same for bothparties.
- Section 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 jailadministrators--Use of informatio
- Section 23A-27-11 - (Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere.
- Section 23A-27-12 - (Rule 32(e)) Placement on probation--Exception.
- Section 23A-27-12.1 - Supervision of probationers--Performance of special conditions--Paymentof costs.
- Section 23A-27-13 - Order suspending imposition of sentence and placing defendant onprobation--Eligibility--Revocation of suspension.
- Section 23A-27-13.1 - Copy of suspension order forwarded to criminal investigation division.
- Section 23A-27-14 - Discharge and dismissal of probationer on completion of conditions--Nojudgment entered--Limitation to one time.
- Section 23A-27-14.1 - Revocation or refusal of teacher certificate.
- Section 23A-27-14.2 - Revocation or refusal of gaming or racing license.
- Section 23A-27-15 - Suspension of sentence as conviction for purposes of habitual offenderlaw.
- Section 23A-27-16 - Report to criminal investigation division of discharge and dismissal ofprobationer--Limited purpose of record.
- Section 23A-27-17 - Sealing of records on discharge of probationer--Effect of order--Futurestatements by defendant as to conviction.
- Section 23A-27-18 - Suspension of execution of sentence--Conditions.
- Section 23A-27-18.1 - Imprisonment for specific period as condition of probation or suspensionof sentence--Credit for time.
- Sections 23A-27-18.2, 23A-27-18.3 - Supervision of person sentenced to county jail or state penitentiary as condition of suspension. Conditions required on probation or suspension of sentence
- Section 23A-27-18.4 - Suspension of penitentiary sentence--Conditions--Supervision.
- Section 23A-27-18.5 - Continuing jurisdiction to revoke probation or suspended execution ofsentence.
- Section 23A-27-19 - Continuing jurisdiction to suspend sentence--Notice to prosecutingattorney and victim--Supervision--Revocation.
- Section 23A-27-19.1 - Suspension of probationary period--Conditions.
- Section 23A-27-20 - (Rule 32(f)) Hearing required to revoke probation or suspension ofsentence--Bail pending hearing.
- Section 23A-27-20.1 - Modification of terms and conditions of probation.
- Section 23A-27-21 - Report on failure to meet conditions of suspension or probation--Arrestand detention for hearing--Disposition by court.
- Sections 23A-27-22, 23A-27-23 - Repealed
- Section 23A-27-24 - Execution against property of organization for collection of fine--Duty ofofficers to pay.
- Section 23A-27-25 - Fines and penalties paid into county treasury--Exceptions--Use forschools.
- Section 23A-27-25.1 - Provisions for payment of fines, costs and restitution, etc.--Communityservice.
- Section 23A-27-25.2 - Costs and restitution designated as punishment.
- Section 23A-27-25.3 - Failure to comply with conditions of suspended sentence--Defendant toshow cause.
- Section 23A-27-25.4 - Default in payment of fine or costs and restitution.
- Section 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.
- Section 23A-27-25.6 - Fine, costs, or restitution as a lien in civil action--No discharge fromimprisonment until full amount paid.
- Section 23A-27-26 - Judgment against defendant for costs--Items excluded--Enforcement ascivil judgment.
- Section 23A-27-27 - Fees and costs included in judgment for costs against defendant.
- Section 23A-27-28 - Entry and docketing of judgment for costs against defendant.
- Section 23A-27-29 - Copy of judgment for costs furnished to officer for execution.
- Section 23A-27-30 - Delivery of defendant and judgment to penitentiary.
- Section 23A-27-31 - Sheriff requiring assistance while conveying defendant to prison.
- Section 23A-27-32 - Restitution plan and statement of crime provided--Presentenceinvestigation report in lieu of statement.
- Section 23A-27-33 - Duties of court reporter and clerk on execution of sentence to penitentiary.
- Section 23A-27-34 - Filing by warden of official statements--Inspection by secretary andGovernor.
- Section 23A-27-35 - Suspension of civil rights on sentence to penitentiary--Prisoner as witness--Restoration of rights on suspension or termination of sentence.
- Section 23A-27-36 - Repealed.
- Section 23A-27-36.1 - Sentence to commence after expiration of last sentence of imprisonment.
- Section 23A-27-37 - Repealed.
- Section 23A-27-38 - Guilty but mentally ill finding or plea--Sentence--Treatment.
- Section 23A-27-39 - Discharge of guilty but mentally ill defendant by treating facility--Report.
- Section 23A-27-40 - Probation for defendant guilty but mentally ill--Treatment as condition.
- Section 23A-27-41 - Facilities providing treatment for mentally ill probationer--Payment ofexpense.
- Sections 23A-27-42, 23A-27-43 - Presentence hearing on mental condition. Mental examination and report before hearing
- Section 23A-27-44 - Conduct of hearing.
- Section 23A-27-45 - Commitment--Finding--Provisional sentence.
- Section 23A-27-46 - Recovery of defendant--Notice--Final sentencing.
- Section 23A-27-47 - Confidentiality of records.
- Section 23A-27-48 - Disclosure of parole eligibility at sentencing.
- Section 23A-27-49 - Posthumous sentencing of certain defendants.
- Section 23A-27-50 - Substitution of personal representative for appeal purposes.