South Dakota Statutes
§ 23A-27-5 — (Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant convicted.
South Dakota § 23A-27-5
This text of South Dakota § 23A-27-5 ((Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant convicted.) 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-27-5 (2026).
Text
A presentence investigation may be ordered in the discretion of a court. The court services officer of a court shall make a presentence investigation and report to the court before the imposition of sentence or the granting of probation unless, with the permission of the court, the defendant waives a presentence investigation and report, or the court finds there is in the record information sufficient to enable the meaningful exercise of sentencing discretion, and the court explains this finding on the record. The report shall not be submitted to a court or its contents disclosed to anyone unless the defendant has pleaded guilty or nolo contendere or has been found guilty, except that a judge may, with the written consent of the defendant, inspect a presentence report at any time.
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Related
Goetz v. State
2001 SD 138 (South Dakota Supreme Court, 2001)
State v. Pasek
2004 SD 132 (South Dakota Supreme Court, 2004)
Pennington County v. State ex rel. Unified Judicial System
2002 SD 31 (South Dakota Supreme Court, 2002)
State v. Thorsby
2008 SD 100 (South Dakota Supreme Court, 2008)
Pennington v. STATE EX REL. JUD. SYSTEM
2002 SD 31 (South Dakota Supreme Court, 2002)
Legislative History
SDC 1939, § 34.3704 as added by SL 1966, ch 120; SDCL, §§ 23-48-17, 23-48-18; SL 1977, ch 198, §§ 7, 8; SL 1978, ch 178, § 337; SL 1982, ch 28, § 20.
Nearby Sections
15
§ 23A-10-2
Form of plea raising defense.§ 23A-10A-1
Definition of mental incompetency.§ 23A-10A-10
Expense of maintenance of defendant committed.§ 23A-10A-13
Approved facility defined.§ 23A-10A-13.1
Restoration to competency program defined.§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.§ 23A-10A-15
Length of detention for Class A, B, or C felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 23A-27-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-27-5.