The bill amends South Dakota's sentencing laws regarding presumptive probation for offenders convicted of Class 5 or Class 6 felonies. It specifies that certain offenses, including those under sections 22-11-15.5 and 22-11-15.7, among others, are excluded from presumptive probation eligibility. Additionally, the bill removes the requirement for the court to order a fully suspended state incarceration sentence for offenders under the supervision of the Department of Corrections. Instead, it allows the court to impose a different sentence if aggravating circumstances that pose a significant risk to public safety are found, requiring the judge to document these circumstances during sentencing.

Furthermore, the bill clarifies that if an offender was under felony probation or parole supervision at the time of the current offense, the provisions of this section do not apply. It also states that the application of this section cannot be used to establish any constitutionally protected interests related to liberty, property, or due process.

Statutes affected:
Introduced, 01/10/2025: 22-6-11
Senate Judiciary Engrossed, 02/06/2025: 22-6-11