South Dakota § 23A-27-1.2 Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance.

South Dakota Statutes

§ 23A-27-1.2 — Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance.

South Dakota § 23A-27-1.2

Title 23ACRIMINAL PROCEDURE

Ch. 23A-26SENTENCE AND JUDGMENT

This text of South Dakota § 23A-27-1.2 (Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 23A-27-1.2 (2026).

Text

If a reduction of a previously imposed sentence requiring time to be served in a state correctional facility is proposed for consideration, the state's attorney in the county where the offense was committed shall notify the victim, at the victim's last known address, of the hearing. Upon request to the court by a victim and before reducing any sentence, the victim, in the discretion of the court, may address the court concerning the emotional, physical, and monetary impact of the crime upon the victim and may comment upon the proposed reduction of the sentence. The defendant may respond to the victim's statements orally or by presentation of evidence and may be granted a reasonable continuance to refute any inaccurate or false charges or statements. For the purpose of this section the term

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If a reduction of a previously imposed sentence requiring time to be served in a state correctional facility is proposed for consideration, the state's attorney in the county where the offense was committed shall notify the victim, at the victim's last known address, of the hearing. Upon request to the court by a victim and before reducing any sentence, the victim, in the discretion of the court, may address the court concerning the emotional, physical, and monetary impact of the crime upon the victim and may comment upon the proposed reduction of the sentence. The defendant may respond to the victim's statements orally or by presentation of evidence and may be granted a reasonable continuance to refute any inaccurate or false charges or statements. For the purpose of this section the term "victim" is defined as in § 23A-27-1.1 .