25.310.10 100th Legislative Session 57
2025 South Dakota Legislature
Senate Bill 57
SENATE JUDICIARY ENGROSSED
Introduced by: The Chair of the Committee on Judiciary at the request of the Attorney General
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise presumptive probation. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 22-6-11 be AMENDED: 3
22-6-11. The sentencing court shall sentence an offender convicted of a Class 5 4
or Class 6 felony, except those convicted under §§ 22-11-15.5, 22-11-15.7, 22-11A-2.1, 5
22-14-15, 22-18-1, 22-18-1.05, 22-18-26, 22-18-29, 22-19A-1, 22-19A-2, 22-19A-3, 6
22-19A-7, 22-19A-16, 22-22A-2, 22-22A-4, 22-22-24.3, subdivision 22-23-2(2), 22-24-7
1.2, 22-24B-2, 22-24B-12, 22-24B-12.1, 22-24B-23, 22-30A-17 if the property stolen is 8
a firearm, 22-30A-46, 22-42-7, subdivision 23A-43-31(1), subdivision 24-2-14(1), 32-23-9
4.6, 32-33-18.2, and 32-34-5, and any person ineligible for probation under § 23A-27-10
12, to a term of probation. 11
If the offender is under the supervision of the Department of Corrections, the court 12
must order a fully suspended state incarceration sentence pursuant to § 23A-27-18.4. The 13
sentencing court may impose a sentence other than probation or a fully suspended state 14
incarceration sentence if the court finds aggravating circumstances exist that pose a 15
significant risk to the public and require a departure from presumptive probation under 16
this section. If a departure is made, the judge must state the aggravating circumstances 17
on the record at the time of sentencing and in the dispositional order. 18
If the offender was under felony probation or parole supervision at the time of the 19
instant offense, this section does not apply. 20
Neither this section nor its application may be the basis for establishing a 21
constitutionally protected liberty, property, or due process interest. 22