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 22-11-15.7, 22-11A-2.1, and others, as well as individuals ineligible for probation under 23A-27-12, are excluded from receiving presumptive probation. The bill also introduces new provisions that allow the sentencing court to impose a different sentence if aggravating circumstances that pose a significant risk to public safety are found. In such cases, the judge must document these circumstances during sentencing.

Additionally, the bill clarifies that if an offender was under probation or parole supervision at the time of the current offense, the presumptive probation provisions 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. The deletion of the requirement for a fully suspended state incarceration sentence for offenders under the supervision of the Department of Corrections reflects a significant change in the approach to sentencing in these cases.

Statutes affected:
Introduced, 01/10/2025: 22-6-11