Deferred Imposition FAQ
Sioux Falls, South Dakota
What is deferred imposition of sentence?
A deferred imposition of sentence is a procedure that reduces a felony conviction for either unauthorized possession of a controlled substance or unauthorized ingestion of a controlled substance to a misdemeanor conviction after the person successfully completes a 1-year term of supervised felony probation.
The process of receiving a deferred imposition of sentence involves entering a guilty plea to either felony possession of a controlled substance or felony ingestion of a controlled substance, then being placed on supervised probation for 1 year, completing a drug and alcohol evaluation and any recommended treatment programs, and possibly serving some time in county jail. If the probationary term is completed successfully, the case can be re-opened and the felony controlled substance conviction will be dismissed and replaced by a misdemeanor ingestion conviction.
A person can only receive one deferred imposition of sentence in a lifetime. (See SDCL 23A-27-53).