South Dakota Codified Laws 23A-27-1.2. Notice to victim of hearing to reduce sentence–Address to court by victim–Response by defendant–Continuance
If a reduction of a previously imposed sentence requiring time to be served in a state correctional facility is proposed for consideration, the state’s attorney in the county where the offense was committed shall notify the victim, at the victim’s last known address, of the hearing. Upon request to the court by a victim and before reducing any sentence, the victim, in the discretion of the court, may address the court concerning the emotional, physical, and monetary impact of the crime upon the victim and may comment upon the proposed reduction of the sentence.
The defendant may respond to the victim’s statements orally or by presentation of evidence and may be granted a reasonable continuance to refute any inaccurate or false charges or statements.
Terms Used In South Dakota Codified Laws 23A-27-1.2
- Continuance: Putting off of a hearing ot trial until a later time.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
For the purpose of this section the term “victim” is defined as in § 23A-27-1.1.
Source: SL 1987, ch 174; SL 2023, ch 82, § 22.