(HB 1071)

A judge may extend clemency or reduce a sentence, time to act increased.

         ENTITLED, An Act to  expand the time within which a judge may extend clemency or reduce a sentence.


     Section  1.  That § 23A-27-19 be amended to read as follows:

     23A-27-19.   A court which may suspend sentence under § 23A-27-18 retains jurisdiction for the purpose of suspending any such sentence for a period of one year two years from the effective date of the judgment of conviction, notwithstanding the fact that the time for an appeal from such judgment is limited to a shorter period of time. The court shall notify the attorney who prosecuted such person or shall notify the successor in office of such attorney at least fourteen days in advance of such suspension. Such notice shall be provided any victim by such attorney pursuant to the provisions of § 23A-27-1.2. Any person whose sentence is suspended pursuant to this section is under the supervision of the Board of Pardons and Paroles, except as provided in § 23A-27-18.2. The board is charged with the responsibility for enforcing the conditions imposed by the sentencing judge , and the board retains jurisdiction to revoke the suspended portion of the sentence for violation of the terms of the suspension.

     Section  2.  That § 23A-31-1 be amended to read as follows:

     23A-31-1.   A court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided in this section for the reduction of sentence. A court may reduce a sentence:

             (1)      Within one year two years after the sentence is imposed;

             (2)      Within one hundred twenty days after receipt by the court of a remittitur issued upon affirmance of the judgment or dismissal of the appeal; or

             (3)      Within one hundred twenty days after entry of any order or judgment of the Supreme Court denying review of, or having the effect of upholding, a judgment of conviction;

whichever is later. A court may also reduce a sentence upon revocation of probation or suspension of sentence as provided by law. The remedies provided by this section are not a substitute for nor do they affect any remedies incident to post-conviction proceedings.

     Signed February 3, 2005