South Dakota has taken a strict approach to sentencing for several serious and repeat offenses. As a result, certain defendants may spend more time behind bars. The possible sentence can depend on the offense and the defendant’s criminal history.
How are some sentences getting tougher?
One major change involves parole. In 2023, South Dakota ended parole eligibility for certain crimes that people commit on or after July 1, 2023. These crimes include vehicular homicide, aggravated assault, second-degree burglary and second-degree robbery.
For these offenses, a person generally must serve the prison term that the court orders. However, a judge may still suspend part of the sentence. Therefore, the actual sentence can vary from case to case.
Then, in 2025, South Dakota expanded its no-parole rules. The state added attempted murder of a law enforcement officer and acts of terrorism to the list. With these changes, more defendants may have to serve their prison terms without parole.
How do repeat offenses increase the stakes?
South Dakota also gives tougher sentences for some repeat offenses. For example, the state’s habitual offender laws allow prosecutors to seek longer sentences for defendants with certain prior felony convictions. Prosecutors must file a separate habitual-criminal allegation. They must also identify the convictions they plan to use.
Similarly, repeat DUI offenses can bring tougher sentences. The law requires at least six years for certain aggravated sixth or subsequent DUI convictions. The person must serve one year of that sentence on parole. However, a court may suspend the sentence in some cases. To do so, the court must order the defendant to complete an approved specialty court program as a condition of probation.
Still, strict sentencing rules do not remove all flexibility. South Dakota allows exceptions to some mandatory sentences. For example, a judge may impose less than the required minimum for certain drug offenses if the defendant meets specific conditions.
How can defendants prepare for sentencing?
Because sentencing rules vary, the details of each case matter. Prior convictions and the exact charge can affect the possible sentence. Exceptions under state law can also change the outcome.
For that reason, a defendant may benefit from speaking with a criminal defense attorney. They may help explain the sentencing rules and how they apply to the case. They may also help identify legal options or arguments that may affect the sentence.