Alternative sentences include the sentences or punishments a judge may give, other than a traditional jail or prison term, or the death penalty. Alternative sentences are often given in combinations of fines, restitution, probation, deferred adjudication, suspended sentences, community service, diversion programs, drug and alcohol treatment programs, house arrest, breathalyzer or ignition interlock device (IID) installation, and teaching or attending classes regarding crime and criminal behavior.
In South Dakota, alternative sentences are legal options that judges can use to divert individuals from traditional incarceration or the death penalty. These alternatives are designed to address the specific circumstances of the offender and the offense, and can include fines, restitution payments to victims, probation, and deferred adjudication where judgment is postponed as the offender complies with certain conditions. Suspended sentences allow the court to delay serving time in jail or prison on the condition that the offender meets court-ordered requirements. Community service is another alternative that can be ordered in lieu of or in addition to other penalties. Diversion programs are designed to redirect offenders, often first-time or low-level, away from the criminal justice system, typically through education, counseling, or treatment programs. Drug and alcohol treatment programs may be mandated for offenders with substance abuse issues. House arrest confines an individual to their home instead of jail, sometimes monitored with electronic devices. Breathalyzer or ignition interlock device (IID) installation in vehicles is a common requirement for DUI offenders. Educational programs may also be required, aiming to prevent future criminal behavior by teaching about the consequences of crime. These alternative sentences are subject to the discretion of the court and the specific statutes that govern sentencing in South Dakota.