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 allows the sentencing court to impose a sentence other than probation if aggravating circumstances that pose a significant risk to public safety are found. In such cases, the judge must 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 neither the section nor its application can be used to establish any constitutionally protected interests in liberty, property, or due process. The previous requirement for a fully suspended state incarceration sentence for offenders under the supervision of the Department of Corrections has been removed.

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