SB 57 revises South Dakota’s presumptive probation law for certain lower-level felonies. The bill requires sentencing courts to impose probation for most Class 5 and Class 6 felony convictions, or, for offenders already under Department of Corrections supervision, to impose a fully suspended state incarceration sentence. It preserves a long list of statutory exceptions, including specified violent, sexual, drug, firearm, trafficking, and other offenses, as well as offenders who are otherwise ineligible for probation under existing law.
The bill also allows a judge to depart from presumptive probation if aggravating circumstances create a significant risk to the public. If a departure is made, the judge must state those aggravating circumstances on the record and in the sentencing order. The measure further clarifies that offenders who were already on felony probation or parole when the new offense occurred are not eligible for this presumptive-probation framework, and it states that the law does not create a protected liberty or due process interest.
Impact
SB 57 would amend South Dakota Codified Law § 22-6-11, narrowing judicial discretion in sentencing for many Class 5 and Class 6 felonies by making probation the default outcome, subject to enumerated exceptions and a public-safety-based departure standard. It would affect sentencing courts, defendants convicted of eligible lower-level felonies, and offenders under DOC supervision by requiring either probation or a fully suspended incarceration sentence in covered cases. The bill also reinforces existing probation exclusions for certain offenses and supervision statuses, while preserving judicial authority to depart when aggravating circumstances are found.
Sentiment
The bill appears to have had mixed but generally procedural support early in the process, with committee and floor votes showing strong approval for amended versions in February. However, the later March committee action shows a split and then deferral, suggesting the proposal became more contentious as it moved forward. Overall, the discussion history indicates interest in refining sentencing policy, but not unanimous agreement on the scope or effects of expanding presumptive probation.
Contention
The main point of contention is the balance between sentencing uniformity and judicial discretion. Supporters likely favor making probation the default for many lower-level felonies to reduce incarceration and promote consistency, while opponents appear concerned about limiting judges’ ability to impose prison sentences in cases they view as serious or risky. Another likely issue is the breadth of the exceptions list and whether the bill appropriately excludes offenses involving violence, firearms, drugs, and other conduct, as well as whether the aggravating-circumstances departure standard gives courts enough flexibility to protect public safety.