CHAPTER 144

(HB 1281)

Supervision of persons on probation.


        ENTITLED, An Act to revise certain provisions regarding persons on probation and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 23A-27 be amended by adding a NEW SECTION to read:

    If a defendant is serving a probationary sentence under the supervision of the Unified Judicial System and the same or any other sentencing court imposes a sentence on the defendant requiring supervision by the executive branch, other than as provided under § 23A-27-18.1 or 23A-27-18.2, the probationary supervision by the Unified Judicial System is immediately terminated. The court that previously imposed the probationary sentence retains jurisdiction over the defendant to impose a sentence to the Department of Corrections, or any other lawful sentence.

    Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

     Signed March 9, 2018
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