What’s a Suspended Imposition of Sentence?

A Suspended Imposition of Sentence (SIS) in South Dakota is a legal option in criminal cases that allows a court to withhold the formal entry of a conviction on a defendant's record, provided they successfully complete specific conditions set by the court.

Key Features of a “SIS”:

1. Eligibility:

   • Available to individuals who plead guilty or are found guilty of certain crimes.

   • Generally not available for violent crimes, habitual offenders, or dishonest offenses.

   • Often used for first-time offenders or cases with mitigating circumstances.

   • The Court must find that the ends of justice and the best interests of the Defendant and society is served by granting the SIS.

2. No Formal Conviction (**with some caveats)

   • If the individual successfully completes probation or other court-ordered conditions, the court does not formally enter a conviction.

   • Upon successful completion of conditions, the case is essentially dismissed, and the individual avoids a permanent criminal record for the offense.

   • *** The caveats are that the SIS will still remain on your record and can be used as a conviction to aggravate further convictions (for example: it can be used as a part II habitual or can be used to aggravate a DUI to a 2nd offense)

3. Conditions of SIS:

   • The court typically imposes conditions such as:

     • Probation supervision.

     • Restitution payments.

     • Community service.

     • Substance abuse counseling or treatment.

     • Staying law-abiding during the probation period.

   • Failure to meet these conditions can result in the imposition of the original sentence and then face an open sentence

4. Benefits:

   • The individual's record remains clean of a conviction, which can be advantageous for employment, education, housing, and other opportunities.

   • A successful SIS may allow the individual to truthfully state they have not been convicted of a crime (depending on the specific legal context and how the question is asked).

5. Limitations:

   • The SIS does not erase the record of arrest or court proceedings, but it prevents the entry of a conviction.

   • Law enforcement and courts may still access the record, even though it isn’t publicly visible as a conviction.

   • An SIS cannot be granted if the defendant has a prior felony conviction or has previously received an SIS.

   • The prosecutor and Defendant can not plea negotiate for a SIS, it is only up to the Judge’s discretion whether they will grant it.

Example:

If someone is charged with a DUI 1st offense and granted an SIS, they may be required to complete treatment assessment and follow through on recommendations, do 30 days of 24/7 sober monitoring, pay a fine, and not get a similar driving offense for 360 days. If they meet these conditions, the court grants the SIS, and there is no DUI conviction on their history. The person also would not have a driver license revocation, where there normally is 30 day driver license revocation, and they would not have to report it to insurance.

This legal mechanism can offer a second chance, especially for first-time offenders, while still holding them accountable for their actions.