If a court is of the view that there is information in a presentence report which should not be disclosed under § 23A-27-7, the court in lieu of making the report or part thereof available shall state orally or in writing a summary of the factual information contained therein to be relied on in determining sentence, and shall give the defendant, his counsel, or the prosecuting attorney an opportunity to comment thereon. The statement may be made to the parties in chambers.

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Terms Used In South Dakota Codified Laws 23A-27-8

  • Chambers: A judge's office.
  • 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

Source: SL 1978, ch 178, § 340.

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