South Dakota § 23A-27-25.7 Objection to fines or costs--Defendant sentenced to state correctional facility--Hearing.

South Dakota Statutes

§ 23A-27-25.7 — Objection to fines or costs--Defendant sentenced to state correctional facility--Hearing.

South Dakota § 23A-27-25.7

Title 23ACRIMINAL PROCEDURE

Ch. 23A-26SENTENCE AND JUDGMENT

This text of South Dakota § 23A-27-25.7 (Objection to fines or costs--Defendant sentenced to state correctional facility--Hearing.) 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-27-25.7 (2026).

Text

If the sentencing court orders a defendant to a state correctional facility and the defendant objects at sentencing to the fines or costs imposed as a portion of the punishment on the basis the defendant will be ineligible to receive a wage for work performed while incarcerated because the defendant does not have a verifiable Social Security number, the defendant is entitled to a hearing at which the court shall determine whether there is good cause to reduce the fines or costs pursuant to § 23A-27-25.8 by a preponderance of the evidence. In making this determination, the court shall consider the defendant's employment circumstances, potential for employment and vocational training, financial condition, and other factors as may be appropriate.

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If the sentencing court orders a defendant to a state correctional facility and the defendant objects at sentencing to the fines or costs imposed as a portion of the punishment on the basis the defendant will be ineligible to receive a wage for work performed while incarcerated because the defendant does not have a verifiable Social Security number, the defendant is entitled to a hearing at which the court shall determine whether there is good cause to reduce the fines or costs pursuant to § 23A-27-25.8 by a preponderance of the evidence. In making this determination, the court shall consider the defendant's employment circumstances, potential for employment and vocational training, financial condition, and other factors as may be appropriate.