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
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-26SENTENCE AND JUDGMENT

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)
40 case citations
State v. Pasek
2004 SD 132 (South Dakota Supreme Court, 2004)
30 case citations
Pennington County v. State ex rel. Unified Judicial System
2002 SD 31 (South Dakota Supreme Court, 2002)
16 case citations
State v. Thorsby
2008 SD 100 (South Dakota Supreme Court, 2008)
7 case citations
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.

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Bluebook (online)
South Dakota § 23A-27-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-27-5.