Suspended Execution of Sentence FAQ
Sioux Falls, South Dakota
What is a suspended execution of sentence, commonly referred to as 'suspended ex?'
A suspended execution of sentence is a legal term used to describe a sentence imposed by the Court where a person that has pled guilty to or has been convicted of a felony offense has the execution of any potential penitentiary time suspended by the sentencing judge contingent upon the defendant’s compliance with a number of sentence or probation conditions. These conditions commonly include, but are not limited to, serving a period of time in the county jail, successfully completing a supervised probationary period, having no violations of the law during the probationary period, random drug testing, and completion of counseling or treatment programs. If a person violates probation or any of the sentencing conditions, the State can file a motion to revoke the suspended sentence and request the Court to impose all or some of the penitentiary time that was suspended at the original sentencing. (See SDCL 23A-27-18, SDCL 23A-27-18.1, SDCL 23A-27-18.2, and SDCL 23A-27-18.3).