State Codes and Statutes

Statutes > South-dakota > Title-24 > Chapter-11a > Statute-24-11a-12

24-11A-12. Conditions for placement of offender in an adult community corrections facility. Following an adult offender's conviction of or plea of guilty to a felony as described in subdivision 24-11A-1(8), the sentencing court may, as an alternative to incarceration and a condition of probation or intensive probation, order that the offender be placed in or participate in a residential or nonresidential adult community corrections facility or program during all or any part of his probation. Placement of an offender in an adult community corrections facility or program shall be ordered by the court only if the conditions provided in this section are met. If an offender is placed in an adult community corrections facility or program, the court service officer for the judicial circuit shall have supervision of the offender as described in § 23A-27-12.1. The conditions are:
(1) The adult community corrections facility or program shall have an established local community correctional board and shall have an existing contract with the department to provide services;
(2) Funding for the placement shall be available;
(3) The court service officer for the judicial circuit shall include in the presentence report to the sentencing judge a statement concerning the eligibility of the offender for placement in an adult community corrections facility or program;
(4) The offender shall be prison bound; and
(5) The offender shall be accepted by the adult community corrections facility and the local community correctional board as described in § 24-11A-5 and subdivision 24-11A-11(1).

Source: SL 1991, ch 208, § 14.