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South Dakota

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The local State’s Attorney represents the state on direct appeal. To receive direct appeal updates, victims can contact the State’s Attorney’s Office where the case was prosecuted. Victims can also register for notifications through South Dakota’s Statewide Automated Victim Information & Notification (SAVIN) system.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, reconsideration of parole decisions, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The local State’s Attorney represents the State in state post-conviction proceedings. To receive updates on the state post-conviction process, victims can contact the State’s Attorney’s Office where the case was prosecuted. Victims can also register for notifications through South Dakota’s Statewide Automated Victim Information & Notification (SAVIN) system.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under South Dakota law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Appellate Division of the South Dakota Office of the Attorney General represents the State in federal habeas corpus proceedings. To receive updates, victims can contact the Attorney General’s Crime Victim Services Unit by phone at 605-773-3331.

Early Release Programs

These programs can include parole, compassionate parole, or earning time off a sentence for good behavior in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in South Dakota, including parole, compassionate parole, or earning “credits” for good behavior in prison.
  • Victims can track the status of an incarcerated person on the Department of Corrections Adult Corrections Locator. Victims can request notification by registering with South Dakota’s Statewide Automated Victim Information & Notification (SAVIN) system. 

Clemency

In rare cases, the governor may grant the convicted person relief from their sentence or conviction.
  • The governor can grant clemency to people convicted under South Dakota law. Clemency usually takes the form of a pardon (which forgives a conviction), a commutation (which shortens a person’s sentence), or a remission (which reduces or eliminates court-ordered fines or forfeiture).
  • Victims receive notification of clemency by registering with South Dakota’s Statewide Automated Victim Information & Notification (SAVIN) system.

Victims Rights
Post-Conviction

In South Dakota, victims have the right to:
  • Be treated with fairness and respect for the victim’s dignity
  • Freedom from intimidation, harassment, and abuse
  • Prompt and final conclusion of the case and post-conviction proceedings
  • Communicate with the prosecution about appeals and post-conviction 
  • Timely notification of appeals and post-conviction processes and procedures
  • Be present at any hearings in appellate court or post-conviction proceedings
  • Prompt notification of any release, change in custody status, escape, or death of the incarcerated individual
  • Be heard and participate in any proceedings involving release, sentencing, clemency, and parole
  • Consideration of their safety in release decisions
  • Timely notification of clemency proceedings and the result of clemency proceedings
  • Seek restitution and apply for victim’s compensation
  • Prompt return of property that is no longer needed as evidence

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the South Dakota Crime Victims Compensation Program reimburses victims for expenses related to the crime, such as medical bills, lost wages, and funeral costs.
  • For assistance with unpaid restitution, victims can contact the Attorney General’s Crime Victim Services Unit by phone at 605-773-3331. For the South Dakota Crime Victims Compensation Program, victims may complete an application online. For additional information, victims can contact the program by email at victimservices@state.sd.us or by phone at (605) 773-6317. The claim must be filed within 1 year of the crime with limited exceptions.
Click here to learn more about the post-conviction process and victims’ rights in South Dakota

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