S.D. Codified Laws § 23A-48 app. A

Current through the 2024 Legislative Session
Appendix A TO CHAPTER 23A-48

Graduated Response Grid

South Dakota's Application of Supervisory Responses (ASR): Responding to the Public Safety Improvement Act

Violation Severity

Administrative/ Financial Obligations Only/Case Service Monitoring

Low Risk active probationer (LSI-R)

Moderate Risk active probationer (LSI-R)

High Risk active probationer (LSI-R)

Minor Failure to file paperwork/form on time

Failure to complete an assignment/directive

Missing programming appointment (1st time)

Missing meeting with officer (1st time)

Late to meeting w/officer (1st time)

Failure to meet financial obligation (1st time)

Dishonesty (1st time)

Failure to maintain satisfactory performance at educational/employment endeavor (1st time)

One 24/7 violation Violation of social decorum

$ Verbal consequence

$ Letter to client

$ Volunteer opportunity (service; 1 time)

$ Written assignment for client (brief)

$ Discretion of CSO; appropriate per violation

$ Verbal consequence

$ Letter to client

$ Volunteer opportunity (service; 1 time)

$ Written assignment for client (brief)

$ Discretion of CSO; appropriate per violation

$ Verbal consequence

$ Letter to client

$ Volunteer opportunity (service; 1 time)

$ Written assignment for client (brief)

$ Discretion of CSO; appropriate per violation

$ Verbal consequence

$ Letter to client

$ Volunteer opportunity (service; 1 time)

$ Written assignment for client (brief)

$ Discretion of CSO; appropriate per violation

$ Extra (scheduled) meeting with officer for problem solving

Moderate

Continuing failure to file paperwork/form

Continuing failure to complete assign/direct

Continuing missed programming appt.

Continuing lateness to meeting w/officer

Continuing failure to meet finance. ob.

Continuing dishonesty

Failure to report change in status (employ; residence; other)

New arrest/charge B Misdemeanor Class 2

Continuing missed meeting w/officer

New arrest/charge B Misdemeanor Class 1

Prohibited space by statute or court order Unsatisfactory termination from treatment program

Continuing failure to maintain satisfactory performance at educational/employment endeavor

Contact with prohibited associates

Violation of protection order

Two 24/7 violation Positive (or continuing positive) UA

Positive (or continuing positive) PBT AWOL

$ Verbal consequence

$ Letter to client

$ Volunteer opportunity (service)

$ Written assignment

$ Discretion of CSO; appropriate per violation

$ Verbal consequence

$ Letter to client

$ Volunteer opportunity (service)

$ Written assignment

$ Discretion of CSO; appropriate per violation

$ Treatment referral

$ Short-term jail stay B up to 48 hours

$ Verbal consequence

$ Letter to client

$ Volunteer opportunity (service)* Written assignment

$ Discretion of CSO; appropriate per violation

$ Treatment referral

$ Increase meeting requirement

$ Develop planner/scheduler/workbook

$ Court observations

$ Increase UA and similar

$ Residential/out-of-home placement

$ House arrest/Electronic monitoring

$ Short-term jail stay B up to 48 hours

$ Verbal consequence

$ Letter to client

$ Volunteer opportunity (service)

$ Written assignment

$ Discretion of CSO; appropriate per violation

$ Treatment referral

$ Increase meeting requirement

$ Develop planner/scheduler/workbook

$ Court observations

$ Increase UA and similar

$ Residential/out-of-home placement* House arrest/Electronic monitoring

$ Short-term jail stay B up to 48 hours

Serious

Continuing or ongoing contact w/prohibited associates

Continuing or ongoing prohibited space by statute or court order

Continuing failure to report change in status (employ; residence; other)

Three or more 24/7 violation

Ongoing failure to file paperwork/form

Ongoing missed programming appt.

Ongoing missed meeting w/officer

Ongoing lateness to meeting w/officer

Ongoing failure to meet finance ob.

Ongoing dishonesty

Ongoing failure to maintain satisfactory performance at educational/employment endeavor

Ongoing positive UA and similar

Ongoing positive PBT

Unsatisfactory termination from any treatment program

A significant event related to original/instant offense

*New arrest/charge B Felony

*Absconding

*Continuing orongoing AWOL

*Continuing violation of protection order

$ Verbal consequence

$ Letter to client

$ Volunteer opportunity (service)

$ Written assignment (thinking report)

$ Increase/ institute meeting requirement

$ Increase in supervision level/risk level

$ Discretion of CSO; appropriate per violation

$ Formal violation order to show cause issued

$ Verbal consequence

$ Letter to client

$ Volunteer opportunity (service)

$ Written assignment (thinking report)

$ Increase meeting requirement

$ Treatment referral

$ Increase UA and similar

$ Increase in supervision level/risk level

$ House arrest/Electronic monitoring

$ Discretion of CSO; appropriate per violation

$ Short-term jail stay B up to 48 hours

$ Verbal consequence

$ Letter to client

$ Volunteer opportunity (service)

$ Written assignment (thinking report)

$ Increase meeting requirement

$ Treatment referral

$ Increase UA and similar

$ House arrest/Electronic monitoring

$ Develop planner/scheduler/workbook

$ Residential/out-of-home placement (incltx)

$ Discretion of CSO; appropriate per violation

$ Short-term jail stay B up to 48 hours

$ Verbal consequence

$ Letter to client

$ Volunteer opportunity (service)

$ Written assignment (thinking report)

$ Increase meeting requirement

$ Treatment referral

$ Increase UA and similar

$ House arrest/Electronic monitoring

$ Develop planner/scheduler/workbook

$ Residential/ out-of-home placement (incltx)

$ Discretion of CSO; appropriate per violation

$ Short-term jail stay B up to 48 hours

Italics = discharge credit is not earned, if applicable to the case Once discharge credit has not been granted to the offender for a month, it may not be earned back.

Violations that are not Italicized assume earned discharge credit can still be earned by the offender, if applicable to the case.

*Indicates the officer is required to submit a violation of probation report In all other cells of the grid, the officer has the discretion to submit a probation violation report as appropriate in response to behavior.

SDCL 23A-48 app A TO CHAPTER 23A-48

SL 2014, ch 257 (Supreme Court Rule 13-15, § 8), eff Jan 1, 2014