CHAPTER 23A-27
SENTENCE AND JUDGMENT
23A-27-1
(Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or
aggravation of punishment--Evidence received--Restitution.
23A-27-1.1
Address of court by victim before sentence imposed--Response of
defendant--"Victim" defined.
23A-27-1.2
Notice to victim of hearing to reduce sentence--Address to court by
victim--Response by defendant--Continuance.
23A-27-2
No forfeiture of property unless expressly imposed.
23A-27-3
(Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea.
23A-27-4
(Rule 32(b)(1)) Contents of judgment--Imprisonment in state penitentiary--Multiple convictions--Discharge--Signature--Filing--Crime qualifier
defined.
23A-27-4.1
Relief from judgment--Grounds--Time of motion.
23A-27-5
(Rule 32(c)(1)) Presentence investigation and report--Contents not
disclosed unless defendant convicted.
23A-27-6
(Rule 32(c)(2)) Contents of report of presentence investigation.
23A-27-7
(Rule 32(c)(3)(A)) Parties' access to presentence report before sentence
imposed--Material kept from defendant--Comments and other evidence
received.
23A-27-8
(Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence
report--Comments received.
23A-27-9
(Rule 32(c)(3)(C)) Disclosures from presentence report same for both
parties.
23A-27-10
(Rule 32(c)(3)(D)) Return of presentence report to court services officer--Filing with board of pardons and paroles, penitentiary sheriffs and jail
administrators--Use of information upon written order of judge.
23A-27-11
(Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere.
23A-27-12
(Rule 32(e)) Placement on probation--Exception.
23A-27-12.1
Supervision of probationers--Performance of special conditions--Payment
of costs.
23A-27-13
Order suspending imposition of sentence and placing defendant on
probation--Revocation of suspension.
23A-27-13.1
Copy of suspension order forwarded to criminal investigation division.
23A-27-14
Discharge and dismissal of probationer on completion of conditions--No
judgment entered--Limitation to one time.
23A-27-14.1
Revocation or refusal of teacher certificate.
23A-27-14.2
Revocation or refusal of gaming or racing license.
23A-27-15
Suspension of sentence as conviction for purposes of habitual offender
law.
23A-27-16
Report to criminal investigation division of discharge and dismissal of
probationer--Limited purpose of record.
23A-27-17
Sealing of records on discharge of probationer--Effect of order--Future
statements by defendant as to conviction.
23A-27-18
Suspension of execution of sentence--Conditions imposed.
23A-27-18.1
Imprisonment for specific period as condition of probation or suspension
of sentence--Credit for time.
23A-27-18.2
Supervision of person sentenced as condition of suspended sentence.
23A-27-18.3
Conditions required on probation or suspension of sentence.
23A-27-19
Jurisdiction retained after suspension of execution of sentence--Notice
before suspension--Supervision by Board of Pardons and Paroles--Revocation.
23A-27-19.1
Suspension of probationary period--Conditions.
23A-27-20
(Rule 32(f)) Hearing required to revoke probation or suspension of
sentence--Bail pending hearing.
23A-27-20.1
Modification of terms and conditions of probation.
23A-27-21
Report on failure to meet conditions of suspension or probation--Arrest
and detention for hearing--Disposition by court.
23A-27-22, 23A-27-23.
Repealed.
23A-27-24
Execution against property of organization for collection of fine--Duty of
officers to pay.
23A-27-25
Fines and penalties paid into county treasury--Exceptions--Use for
schools.
23A-27-25.1
Provisions for payment of fines, costs and restitution, etc.--Community
service.
23A-27-25.2
Costs and restitution designated as punishment.
23A-27-25.3
Failure to comply with conditions of suspended sentence--Defendant to
show cause.
23A-27-25.4
Default in payment of fine or costs and restitution.
23A-27-25.5
Hearing required prior to imprisonment or jailing for failure to pay fine,
costs, and restitution--Burden of proof--Computation of time to be served.
23A-27-25.6
Fine, costs, or restitution as a lien in civil action--No discharge from
imprisonment until full amount paid.
23A-27-26
Judgment against defendant for costs--Items excluded--Enforcement as
civil judgment.
23A-27-27
Fees and costs included in judgment for costs against defendant.
23A-27-28
Entry and docketing of judgment for costs against defendant.
23A-27-29
Copy of judgment for costs furnished to officer for execution.
23A-27-30
Delivery of defendant and judgment to penitentiary.
23A-27-31
Sheriff requiring assistance while conveying defendant to prison.
23A-27-32
Restitution plan and statement of crime provided--Presentence
investigation report in lieu of statement.
23A-27-33
Duties of court reporter and clerk on execution of sentence to penitentiary.
23A-27-34
Filing by warden of official statements--Inspection by secretary and
Governor.
23A-27-35
Suspension of civil rights on sentence to penitentiary--Prisoner as witness--Restoration of rights on suspension or termination of sentence.
23A-27-36
Repealed.
23A-27-36.1
Sentence to commence after expiration of last sentence of imprisonment.
23A-27-37
Repealed.
23A-27-38
Guilty but mentally ill finding or plea--Sentence--Treatment.
23A-27-39
Discharge of guilty but mentally ill defendant by treating facility--Report.
23A-27-40
Probation for defendant guilty but mentally ill--Treatment as condition.
23A-27-41
Facilities providing treatment for mentally ill probationer--Payment of
expense.
23A-27-42
Presentence hearing on mental condition.
23A-27-43
Mental examination and report before hearing.
23A-27-44
Conduct of hearing.
23A-27-45
Commitment--Finding--Provisional sentence.
23A-27-46
Recovery of defendant--Notice--Final sentencing.
23A-27-47
Confidentiality of records.
23A-27-48
Disclosure of parole eligibility at sentencing.
23A-27-49
Posthumous sentencing of certain defendants.
23A-27-50
Substitution of personal representative for appeal purposes.