South Dakota Codified Laws 23A-27-7. (Rule 32(c)(3)(A)) Parties’ access to presentence report before sentence imposed–Material kept from defendant–Comments and other evidence received
Before imposing sentence a court shall disclose the report of the presentence investigation to the defendant, the defendant’s counsel, if represented by counsel, and the prosecuting attorney, but the court may exclude any recommendation as to sentence, and other material that, in the opinion of the court, contains a diagnostic opinion which might seriously disrupt a program of rehabilitation, sources of information obtained upon a promise of confidentiality, or any other information which, if disclosed, might result in harm, physical or otherwise, to the defendant or other persons. The court shall afford the defendant, the defendant’s counsel, or the prosecuting attorney an opportunity to comment thereon and, in the discretion of the court, to introduce testimony or other information relating to any alleged factual inaccuracy contained in the presentence report.
Terms Used In South Dakota Codified Laws 23A-27-7
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Source: SL 1978, ch 178, § 339; SL 1979, ch 159, § 14; SL 1997, ch 142, § 1.