APPENDIX TO CHAPTER 23A-48
Appendix A. Graduated Response Grid
South Dakota's Application of Supervisory Responses (ASR): Responding to the Public Safety Improvement Act
| Violation Severity | Administrative/ Financial Obligations Only/ Case Service Monitoring | Low Risk active probationer (LSI-R) | Moderate Risk active probationer (LSI-R) | High Risk active probationer (LSI-R) |
| Minor Failure to file paperwork/form on time Failure to complete an assignment/ directive Missing programming appointment (1st time) Missing meeting with officer (1st time) Late to meeting w/officer (1st time) Failure to meet financial obligation (1st time) Dishonesty (1st time) Failure to maintain satisfactory performance at educational/ employment endeavor (1st time) One 24/7 violation Violation of social decorum | $ Verbal consequence $ Letter to client $ Volunteer opportunity (service; 1 time) $ Written assignment for client (brief) $ Discretion of CSO; appropriate per violation | $ Verbal consequence $ Letter to client $ Volunteer opportunity (service; 1 time) $ Written assignment for client (brief) $ Discretion of CSO; appropriate per violation | $ Verbal consequence $ Letter to client $ Volunteer opportunity (service; 1 time) $ Written assignment for client (brief) $ Discretion of CSO; appropriate per violation | $ Verbal consequence $ Letter to client $ Volunteer opportunity (service; 1 time) $ Written assignment for client (brief) $ Discretion of CSO; appropriate per violation $ Extra (scheduled) meeting with officer for problem solving |
| Moderate Continuing failure to file paperwork/form Continuing failure to complete assign./direct. Continuing missed programming appt. Continuing lateness to meeting w/officer Continuing failure to meet finance.ob. Continuing dishonesty Failure to report change in status (employ;residence; other) New arrest/charge B Misdemeanor Class 2 Continuing missed meeting w/officer New arrest/charge B Misdemeanor Class 1 Prohibited space by statute or court order Unsatisfactory termination from treatment program Continuing failure to maintain satisfactory performance at educational/ employment endeavor Contact with prohibited associates Violation of protection order Two 24/7 violation Positive (or continuing positive) UA Positive (or continuing positive) PBT AWOL | $ Verbal consequence $ Letter to client $ Volunteer opportunity (service) $ Written assignment $ Discretion of CSO; appropriate per violation | $ Verbal consequence $ Letter to client $ Volunteer opportunity (service) $ Written assignment $ Discretion of CSO; appropriate per violation $ Treatment referral $ Short-term jail stay B up to 48 hours | $ Verbal consequence $ Letter to client $ Volunteer opportunity (service) $ Written assignment $ Discretion of CSO; appropriate per violation $ Treatment referral $ Increase meeting requirement $ Develop planner/scheduler/ workbook $ Court observations $ Increase UA and similar $ Residential/out-of-home placement $ House arrest/Electronic monitoring $ Short-term jail stay B up to 48 hours | $ Verbal consequence $ Letter to client $ Volunteer opportunity (service) $ Written assignment $ Discretion of CSO; appropriate per violation $ Treatment referral $ Increase meeting requirement $ Develop planner/scheduler/ workbook $ Court observations $ Increase UA and similar $ Residential/out-of-home placement $ House arrest/Electronic monitoring $ Short-term jail stay B up to 48 hours |
| Serious Continuing or ongoing contact w/prohibited associates Continuing or ongoing prohibited space by statute or court order Continuing failure to report change in status (employ; residence; other) Three or more 24/7 violation Ongoing failure to file paperwork/ form Ongoing missed programming appt. Ongoing missed meeting w/officer Ongoing lateness to meeting w/officer Ongoing failure to meet finance ob. Ongoing dishonesty Ongoing failure to maintain satisfactory performance at educational/ employment endeavor Ongoing positive UA and similar Ongoing positive PBT Unsatisfactory termination from any treatment program A significant event related to original/instant offense *New arrest/charge B Felony *Absconding *Continuing or ongoing AWOL *Continuing violation of protection order
| $ Verbal consequence $ Letter to client $ Volunteer opportunity (service) $ Written assignment (thinking report) $ Increase/ institute meeting requirement $ Increase in supervision level/risk level $ Discretion of CSO; appropriate per violation $ Formal violation order to show cause issued | $ Verbal consequence $ Letter to client $ Volunteer opportunity (service) $ Written assignment (thinking report) $ Increase meeting requirement $ Treatment referral $ Increase UA and similar $ Increase in supervision level/risk level $ House arrest/Electronic monitoring $ Discretion of CSO; appropriate per violation $ Short-term jail stay B up to 48 hours | $ Verbal consequence $ Letter to client $ Volunteer opportunity (service) $ Written assignment (thinking report) $ Increase meeting requirement $ Treatment referral $ Increase UA and similar $ House arrest/Electronic monitoring $ Develop planner/scheduler/ workbook $ Residential/out-of-home placement (incl.tx) $ Discretion of CSO; appropriate per violation $ Short-term jail stay B up to 48 hours | $ Verbal consequence $ Letter to client $ Volunteer opportunity (service) $ Written assignment (thinking report) $ Increase meeting requirement $ Treatment referral $ Increase UA and similar $ House arrest/Electronic monitoring $ Develop planner/scheduler/ workbook $ Residential/ out-of-home placement (incl.tx) $ Discretion of CSO; appropriate per violation $ Short-term jail stay B up to 48 hours |
Italics = discharge credit is not earned, if applicable to the case. Once discharge credit has not been granted to the offender for a month, it may not be earned back.
Violations that are not Italicized assume earned discharge credit can still be earned by the offender, if applicable to the case.
*Indicates the officer is required to submit a violation of probation report. In all other cells of the grid, the officer has the discretion to submit a probation violation report as appropriate in response to behavior.
Source: SL 2014, ch 258 (Supreme Court Rule 13-15, §8), eff. Jan. 1, 2014.