SB 57 South Dakota Senate · 2025 Regular Session

revise presumptive probation.

SB 57 proposes to revise the presumptive probation standards in South Dakota, directly affecting judges and individuals facing criminal charges. The bill would update the criteria used to determine whether a defendant is eligible for probation instead of prison time. Key provisions include modifying the scoring system that judges use to assess risk and set conditions for probation. This change aims to standardize how probation decisions are made across the state's court system.
Bill status passed 4 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Mar 2025
Senate Passage
Feb 2025
House Passage
Mar 2025
Governor
Introduced Feb 11, 2025 Last action Mar 3, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Senate Judiciary Engrossed · 6 edits · Feb 6, 2025
MODERATE
This bill revises South Dakota's presumptive probation rules for Class 5 and 6 felony offenders, establishing when probation must be granted and when it can be denied. It clarifies that offenders under Department of Corrections supervision must receive fully suspended sentences unless aggravating circumstances exist, and it protects the state from lawsuits claiming the law creates constitutional rights.
Scope change
The bill applies to Class 5 and 6 felony convictions with specific exceptions for certain violent and property crimes, and excludes offenders who were already under felony probation or parole supervision at the time of the new offense.
REQUIREMENT

Requires courts to sentence eligible Class 5 and 6 felony offenders to probation unless aggravating circumstances pose a significant public risk.

Mandates that offenders under Department of Corrections supervision receive fully suspended state incarceration sentences unless a departure from probation is warranted.

Requires judges to state aggravating circumstances on the record and in the dispositional order if they deny presumptive probation.

Adds a provision stating that the law cannot be used to establish constitutionally protected liberty, property, or due process interests.

DEFINITION

Includes a specific list of felony exceptions where presumptive probation does not apply, including various violent and property crimes.

TECHNICAL

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Floor votes · Senate Feb 10, 2025

How they voted

313
Passed · 1 other
Total votes 35
Feb 10, 2025
D Democratic3
3 Nay
100% Nay
R Republican32
31 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
11
Key actions
4
Committee
4
Amendments
1
Mar 3, 2025
Lower · Passed
Judiciary Deferred to the 41st legislative day , Passed, YEAS 9, NAYS 3
lower
Mar 3, 2025
Committee
Judiciary Do Pass , Passed, YEAS 3, NAYS 9
lower
Feb 11, 2025
Introduced
First read in House and referred to H.J. 254
lower
Feb 10, 2025
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 31, NAYS 3 S.J. 221
upper
Feb 10, 2025
Senate · Passed
Senate Vote: pass (31-3-1)
senate
Feb 6, 2025
Upper · Passed
Judiciary Do Pass Amended , Passed, YEAS 7, NAYS 0
upper
Feb 6, 2025
Introduced
Judiciary Motion to amend , Passed, Amendment 57A
upper
Jan 21, 2025
Committee
Referred to S.J. 63
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.