South Dakota Statutes
§ 23A-28-5 — Factors considered in formulating restitution plan.
South Dakota § 23A-28-5
This text of South Dakota § 23A-28-5 (Factors considered in formulating restitution plan.) 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-28-5 (2026).
Text
The court services officer when assisting the defendant in preparing the plan of restitution and the court before approving or modifying the plan of restitution shall consider the physical and mental health and condition of the defendant, the defendant's age, the defendant's education, the defendant's employment circumstances, the defendant's potential for employment and vocational training, the defendant's family circumstances, the defendant's financial condition, the number of victims, the pecuniary damages of each victim, what plan of restitution will most effectively aid the rehabilitation of the defendant, and each victim, and such other factors as may be appropriate.
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Related
State v. Wolff
438 N.W.2d 199 (South Dakota Supreme Court, 1989)
State v. Hurst
507 N.W.2d 918 (South Dakota Supreme Court, 1993)
United Building Centers v. Ochs
2010 SD 30 (South Dakota Supreme Court, 2010)
State v. Holsing
2007 SD 72 (South Dakota Supreme Court, 2007)
Legislative History
SL 1978, ch 177, § 2; SDCL Supp, § 23-48A-3; SL 1978, ch 178, § 357; SL 1986, ch 196, § 2; SL 1987, ch 179, § 2; SL 1999, ch 124, § 2.
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-28-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-28-5.