(HB 1071)
A judge may extend clemency or reduce a sentence, time to act increased.
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: