Chapter 27 - SENTENCE AND JUDGMENT
- Section 23A-27-NEW - [Newly enacted section not yet numbered] [Effective 7/1/2024]
- Section 23A-27-1 - (Rule 32(a)(1)) Time of imposition of sentence-Hearing in mitigation or aggravation of punishment-Presentence hearing for juvenile-Restitution
- Section 23A-27-1.1 - Victim's oral impact statement to court before sentence imposed-Response of defendant-Victim defined
- Section 23A-27-1.2 - Notice to victim of hearing to reduce sentence-Address to court by victim-Response by defendant-Continuance
- Section 23A-27-1.3 - Victim's written impact statement to court before sentence imposed-Response of defendant-Victim defined
- 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 - Contents of judgment-Imprisonment in state correctional facility-Multiple convictions-Discharge-Signature-Filing-Crime qualifier defined
- 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 not disclosed 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 sentence imposed-Material kept from defendant-Comments and other evidence received
- Section 23A-27-8 - (Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence report-Comments received
- Section 23A-27-9 - (Rule 32(c)(3)(C)) Disclosures from presentence report same for both parties
- Section 23A-27-10 - Return of presentence report to court services officer-Filing with board of pardons and paroles, state correctional facility, sheriffs, and jail administrators-Use of information upon written order of judge
- 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-Payment of costs
- Section 23A-27-12.2 - Order suspending imposition of misdemeanor sentence and placing defendant on probation-Eligibility-Revocation of suspension
- Section 23A-27-13 - Order suspending imposition of felony sentence and placing defendant on probation-Eligibility-Revocation of suspension
- Section 23A-27-13.1 - Copy of suspension order forwarded to criminal investigation division
- Section 23A-27-13.2 - Probationary supervision by court terminated upon imposition of sentence requiring supervision by executive branch
- Section 23A-27-14 - Discharge and dismissal of probationer on completion of conditions-No judgment entered-Limitation
- Section 23A-27-14.1 - Revocation or refusal of certificate of teacher, administrator, or other educational professional
- Section 23A-27-14.2 - Revocation or refusal of gaming or racing license-Conditional license
- Section 23A-27-15 - Suspension of sentence as conviction for purposes of habitual offender law
- Section 23A-27-16 - Report to criminal investigation division of discharge and dismissal of probationer-Limited purpose of record
- Section 23A-27-17 - Sealing of records on discharge of probationer-Effect of order-Future statements by defendant as to conviction
- Section 23A-27-18 - Suspension of execution of sentence-Conditions
- Section 23A-27-18.1 - Imprisonment as condition of probation or suspension of sentence-Credit for time
- Section 23A-27-18.2 - Supervision of person sentenced to county jail or state correctional facility as condition of suspension
- Section 23A-27-18.3 - Conditions required on probation or suspension of sentence
- Section 23A-27-18.4 - Suspension of correctional facility sentence-Conditions-Supervision
- Section 23A-27-18.5 - Continuing jurisdiction to revoke probation or suspended execution of sentence
- Section 23A-27-18.6 - Maintenance of good disciplinary record and compliance with program requirements
- Section 23A-27-18.7 - Inmate under suspended sentence considered parolee
- Section 23A-27-19 - Continuing jurisdiction to suspend sentence-Notice to prosecuting attorney 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 of sentence-Bail pending hearing
- Section 23A-27-20.1 - Modification of terms and conditions of probation
- Section 23A-27-21 - Warrantless arrest and taking into custody of person on probation or with suspended sentence-Conditions
- Section 23A-27-21.1 - Court services officer-Order authorizing law enforcement officer to aid in arrest or taking into custody
- Section 23A-27-21.2 - Detainer authorizing detention of probationer to obtain warrant, revocation, bond hearing, or court order
- Section 23A-27-22, 23A-27-23 - [Repealed]
- Section 23A-27-24 - Execution against property of organization for collection of fine-Duty of officers to pay
- Section 23A-27-25 - [Effective Until 7/1/2024] Fines and penalties paid into county treasury-Exceptions-Use for schools
- Section 23A-27-25 - [Effective 7/1/2024] Fines and penalties paid into county treasury-Exceptions-Use for schools
- Section 23A-27-25.1 - Provisions for payment of fines, costs and restitution, etc.-Community service
- 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 to show 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 from imprisonment until full amount paid
- Section 23A-27-25.7 - Objection to fines or costs-Defendant sentenced to state correctional facility-Hearing
- Section 23A-27-25.8 - Reduction of fines or costs for work performed-Department of Corrections to track-Defendant responsible for remainder
- Section 23A-27-26 - Judgment against defendant for costs-Items excluded-Enforcement as civil 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 state correctional facility
- Section 23A-27-31 - Sheriff requiring assistance while conveying defendant to prison
- Section 23A-27-32 - Restitution plan and statement of crime provided-Presentence investigation report in lieu of statement
- Section 23A-27-33 - Duties of court reporter and clerk on execution of sentence to state correctional facility
- Section 23A-27-34 - Filing by warden of official statements-Inspection by secretary and Governor
- Section 23A-27-35 - Suspension of civil rights on sentence to state correctional facility-Prisoner as witness-Restoration of rights-Voting rights
- 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 of expense
- Section 23A-27-42 - Presentence hearing on mental condition
- Section 23A-27-43 - 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-Court order
- Section 23A-27-47.1 - Motion to access court services records or testimony on court services records-Notice
- Section 23A-27-48 - [Repealed]
- Section 23A-27-49 - Posthumous sentencing of certain defendants
- Section 23A-27-50 - Substitution of personal representative for appeal purposes
- Section 23A-27-51 - Procedure for delayed appeal where applicant unconstitutionally denied right of appeal
- Section 23A-27-52 - Defendant serving in military or veteran
- Section 23A-27-53 - Probation for violation of section 22-42-5 or.1-Treatment-Revocation