(HB 1003)
Deferred imposition of sentence, eligibility changed.
Section 1. That § 23A-27-53 be amended to read:
23A-27-53. After receiving a plea of guilty for a violation of § 22-42-5 or 22-42-5.1, a court
that has jurisdiction of the defendant may, without entering a judgment of guilt, and with the
consent of the defendant, defer the imposition of sentence and place the defendant on probation
or fully suspend a penitentiary sentence and place the defendant on parole for a period, terms,
and conditions as the court deems best. The conditions shall include that the defendant complete
a drug and alcohol evaluation and complete any recommended course of treatment. If after one
year, the defendant has successfully completed the course of treatment and complied with all
conditions of probation or parole, the court shall dismiss the charge under § 22-42-5 or 22-42-5.1 upon the defendant pleading guilty to ingestion under § 22-42-15 or possession under § 22-42-15.1. If the defendant violates any conditions of probation or parole, the court or the Board
of Pardons and Paroles shall revoke the deferred imposition of sentence and impose and execute
the sentence. No person who has previously been granted a deferred imposition of sentence is
eligible to be granted a second deferred imposition of sentence. A defendant is ineligible for the
deferred imposition of sentence under this section if aggravating circumstances exist as defined
by § 22-6-11. A defendant serving a sentence under the supervision of the executive branch is
not eligible for a deferred imposition of sentence.