reglab/housing_qa huggingface dataset:
SD Codified L § 24-15A-39 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-39 - Hearing to determine compliance with parole release standards--Waiver of appearance--Determinations of board--Discretionary hearings.

24-15A-39. Hearing to determine compliance with parole release standards--Waiver of appearance--Determinations of board--Discretionary hearings.Any inmate whom the warden reports has not substantively complied with the individual program directive or for whom there is insufficient information for the warden to determine substantive compliance or noncompliance shall have a hearing with the board to determine the inmate's compliance with the individual program directive. However, if the inmate wishes to admit to noncompliance with the individual program directive, the inmate may waive an appearance at this hearing.The board may determine the inmate has substantively complied with the individual program directive and release the inmate at the inmate's initial parole date or as soon as reasonably possible following the initial parole date and hearing. The board may also determine the inmate has not substantively met the requirements of the individual program directive, deny release at the initial parole date and set the time for a subsequent discretionary parole hearing. If an inmate does not have an individual program directive, the board shall utilize the standards contained in §24-15A-42 in making its determination. Any inmate appeal of a finding of noncompliance by the board shall be filed pursuant to chapter 1-26 in the county in which the inmate is confined or in Minnehaha County if the inmate is housed outside the State of South Dakota.Any inmate not released at the time of the inmate's initial parole date shall have a discretionary parole hearing at least every two years. Source: SL 1996, ch 158, §38; SL 1999, ch 132, §1; SL 2002, ch 124, §3; SL 2012, ch 137, §2.
SD Codified L § 24-15A-40 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-40 - Right of review.

24-15A-40. Right of review.Any inmate objecting to conditions of parole supervision or a required modification of a release plan may seek a review of the plan or conditions with the board. The board may determine if the proposed conditions or release plan modifications are acceptable or the board may remove or modify proposed conditions or release plan provisions. This review may be of the inmate's record, release plan, or release conditions. A personal appearance of the inmate is not required. An inmate shall agree to parole conditions and have an acceptable release plan prior to parole release. Source: SL 1996, ch 158, §39.
SD Codified L § 24-15A-41 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-41 - Subsequent parole after hearing.

24-15A-41. Subsequent parole after hearing.Any inmate not released at the time of the inmate's first parole date or any inmate whose parole has been revoked may be subsequently paroled, based on the discretion of the board after a hearing. An inmate may decline parole consideration and waive the right to a hearing.Neither this section or its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner. Source: SL 1996, ch 158, §40; SL 2002, ch 124, §4.
SD Codified L § 24-15A-41.1 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-41.1 - Parole of inmate to custody of another state or federal jurisdiction.

24-15A-41.1. Parole of inmate to custody of another state or federal jurisdiction.Notwithstanding an inmate's statutory right to refuse parole or waive parole consideration, the Board of Pardons and Paroles may parole an inmate to the custody of another state or federal jurisdiction for the purpose of confinement and or deportation if it is in the best interest of the citizens of South Dakota. Source: SL 2012, ch 137, §8.
SD Codified L § 24-15A-42 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-42 - Procedural rules--Parole release standards.

24-15A-42. Procedural rules--Parole release standards.Pursuant to chapter 1-26, the board may promulgate procedural rules for the effective enforcement of this chapter and for the exercise of the powers and duties conferred upon it. Additionally, the board shall utilize the following standards in determining if the inmate has substantively met the requirements for parole release at the initial parole date:(1)The inmate's compliance with work, school, and program directives;(2)The inmate's compliance with the rules and policies of the department;(3)Conduct by the inmate evincing an intent to reoffend; and(4)Mitigating factors impacting the warden's determination of substantive noncompliance.The board may also use standards in subdivisions (1) to (3), inclusive, of this section in discretionary parole decisions. In addition, in considering a discretionary parole for an inmate who previously violated parole, the board may consider the nature and seriousness of the conduct leading to the parole revocation. Source: SL 1996, ch 158, §41.
SD Codified L § 24-15A-44 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-44 - Effect of validity of chapter.

24-15A-44. Effect of validity of chapter.If the provisions of this chapter are found invalid, good time and parole eligibility provisions shall revert to those in effect at the time of the passage of this chapter. Source: SL 1996, ch 158, §43.
SD Codified L § 24-15A-45 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-45 - Evidence-based practices targeting parolee's criminal risk and need factors.

24-15A-45. Evidence-based practices targeting parolee's criminal risk and need factors.Parolee supervision shall use evidence-based practices and shall target the parolee's criminal risk and need factors with appropriate supervision and intervention, focusing resources on moderate-risk and high-risk offenders.Parole supervision shall include:(1)Use of validated risk and needs assessments of the parolee measuring criminal risk factors, specific individual needs and driving variable supervision levels;(2)Use of assessment results to guide supervision responses consistent with evidence-based practices as to the level of supervision and the practices used to reduce recidivism;(3)Collateral and personal contacts, some unscheduled, with the offender and community and with a frequency consistent with the parolee's supervision level and risk of re-offense, staying informed of the parolee's conduct, compliance with conditions, and progress in community based intervention;(4)Case planning for each parolee assessed as moderate-risk to high-risk to reoffend; and(5)Use of practical and suitable methods that are consistent with evidence-based practices to aid and encourage the parolee to improve his or her conduct and circumstances and to reduce the risk of recidivism. Source: SL 2013, ch 101, §27.
SD Codified L § 24-15A-46 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-46 - Training on evidence-based practices and criminal risk factors.

24-15A-46. Training on evidence-based practices and criminal risk factors.Any employee who exercises supervision over a parolee pursuant to §24-15-14 or provides intervention services to any parolee shall receive annual training on evidence-based practices and criminal risk factors, as well as instruction on how to target these factors to reduce recidivism. Source: SL 2013, ch 101, §28.
SD Codified L § 24-15A-47 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-47 - Report on implementation of supervision practices and training.

24-15A-47. Report on implementation of supervision practices and training.The department shall monitor and report semiannually to the oversight council the extent to which practices of parole supervision pursuant to §24-15A-45 and training requirements pursuant to sections §§24-13-2 and 24-15A-46 are implemented with fidelity. Source: SL 2013, ch 101, §29.
SD Codified L § 24-15A-48 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-48 - Response to violation of supervision conditions.

24-15A-48. Response to violation of supervision conditions.The department shall respond to each known violation of supervision conditions established pursuant to §§24-15A-37, 24-15-11, and 24-15A-24. The response to a violation shall reflect the parolee's supervision level, the severity of the violation, and consideration of previous violations. The response to a violation and the sanctioning options shall be standardized and reflect graduated responses and sanctions including informal and formal responses to violations.Formal response to a violation shall be documented and may include the following:(1)Written reprimand by the agent, agent supervisor, or executive director of the board;(2)Referral to community based programming;(3)Additional substance use testing or monitoring, or both;(4)Community service work without pay;(5)Placement in custody through house arrest or jailing;(6)Required participation in an alcohol or drug accountability program; and(7)Submission of a violation report to the board for the return of the parolee to prison and the revocation of the parolee's supervision. Source: SL 2013, ch 101, §32.
SD Codified L § 24-15A-49 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-49 - Report of graduated sanction.

24-15A-49. Report of graduated sanction.The Department of Corrections shall report semiannually to the oversight council the number and percentage of parolees who received a graduated sanction. Source: SL 2013, ch 101, §33.
SD Codified L § 24-15A-50 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-50 - Award of earned discharge credits.

24-15A-50. Award of earned discharge credits.Each parolee shall be awarded earned discharge credits as follows:(1)For each full calendar month of compliance with the terms of supervision, an earned discharge credit of the number of days in that month shall be deducted from the parolee's sentence discharge date established in §§24-15A-6 and 24-5-1. No earned discharge credit may be awarded for partial months or for the first full calendar month of parole supervision in the community;(2)A parolee is deemed to be compliant with the terms of supervision and shall be awarded earned discharge credits for the month if there was no violation of conditions of supervision during the month at the level warranting formal response per standardized department directive. A parolee may not receive earned discharge credits for the month if the parolee had a violation of conditions resulting in a formal response;(3)No earned discharge credit may accrue for a calendar month in which a violation report has been submitted, the parolee has absconded from supervision, the parolee is under sanction of jailing or detainment, or for the months between the submission of the violation report and the final action on the violation report by the board. If the board does not find that the provisions of §24-15A-27 or 24-15-20 have been violated, the board may include an award of earned discharge credits for the months the violation report was pending in the board's order to restore the parolee to the original or modified terms and conditions of parole;(4)A parolee serving a sentence for a conviction of a sex offense as defined in §22-24B-1 or a violation of sex offender registry requirements or a violation of community safety zone requirements is not eligible for earned discharge credits on any sex offense, sex offender registry violation, or community safety zone violation sentence;(5)Earned discharge credits shall be applied to the sentence discharge date within thirty days of the end of the month in which the credits were earned. At least every six months, a parolee who is serving a sentence eligible for earned discharge credits shall be notified of the current sentence discharge date; and(6)A parolee serving an eligible South Dakota prison sentence in any community in another state under the Interstate Compact for Adult Offender Supervision is eligible for earned discharge credits pursuant to this chapter. Source: SL 2013, ch 101, §36.
SD Codified L § 24-15A-50.1 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-50.1 - Additional earned discharge credits.

24-15A-50.1. Additional earned discharge credits.The department may grant an inmate up to ninety days of earned discharge credits for each program completion; up to ninety days of earned discharge credits upon completion of three hundred sixty hours of satisfactory work not to exceed one hundred eighty days of earned discharge credit for work in a twelve-month period; and up to three hundred sixty-five days of earned discharge credits for heroic acts in life threatening situations, through significant efforts in disaster response or by providing exceptional assistance in maintaining the safety and security of a prison. Each program shall fit the definition of evidence based practices as defined in §16-22-1, or consist of an academic or vocational program. Earned discharge credits under this section may be granted if in the judgement of the warden and the secretary of corrections, the inmate has met the criteria set forth in this section. Nothing in this section may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any inmate. Any earned discharge credit under this section shall be applied to the sentence prior to the calculation of the initial parole date. Source: SL 2018, ch 153, §1.
SD Codified L § 24-15A-51 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-51 - Report of eligibility for award of discharge credits.

24-15A-51. Report of eligibility for award of discharge credits.Within fifteen days following the end of the month, a supervising parole agent shall report to the department the name of any supervised parolee eligible for the award of discharge credits earned in the previous month. Source: SL 2013, ch 101, §37.
SD Codified L § 24-15A-52 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-52 - Review of ineligibility determination.

24-15A-52. Review of ineligibility determination.A parolee who objects to a parole agent's determination that the parolee is ineligible for the award of earned discharge credits may seek a review with the board. The board may determine if the parolee is eligible for the award of earned discharge credits and order that the credits be applied to the parolee's sentence discharge date. The board may also determine if the parolee is ineligible for the award of earned discharge credits. This review may be of the parolee's record. A personal appearance of the parolee is not required. The decision of the board is final. Source: SL 2013, ch 101, §38.
SD Codified L § 24-15A-53 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-53 - Report of parolees qualifying for earned discharge credits.

24-15A-53. Report of parolees qualifying for earned discharge credits.The department shall provide semiannually to the oversight council the number and percentage of parolees who qualify for earned discharge credits and the average amount of credits a parolee earned within the year. Source: SL 2013, ch 101, §39.
SD Codified L § 24-15A-54 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-54 - Transfer to administrative financial accountability system.

24-15A-54. Transfer to administrative financial accountability system.Each inmate discharging pursuant to §24-15A-7 or 24-5-2 who owes court-ordered financial obligations on the sentence or sentences discharging shall be transferred by the department to the administrative financial accountability system pursuant to §23A-47-2. Source: SL 2013, ch 101, §40.
SD Codified L § 24-15A-55 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-55 - Eligibility for compassionate parole.

24-15A-55. Eligibility for compassionate parole.Notwithstanding any contrary provision in chapter 24-13, 24-15, or 24-15A, an inmate who:(1)Has a terminal illness;(2)Is seriously ill and not likely to recover;(3)Requires extensive medical care or significant chronic medical care;(4)Is at least sixty-five years of age, has served at least ten consecutive years of the inmate's sentence incarcerated, whose current sentences are for convictions of a Class 3 felony or below and whose medical care needs are at least double the average annual medical cost of the inmate population; or(5)Is at least seventy years of age and has served at least thirty consecutive years of the inmate's sentence incarcerated; and(6)Is not serving a capital punishment sentence;is eligible for compassionate parole consideration. Source: SL 2018, ch 154, §1.
SD Codified L § 24-15A-56 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-56 - Referral for compassionate parole hearing.

24-15A-56. Referral for compassionate parole hearing.The secretary of corrections may consider referrals for compassionate parole consideration from the inmate's health care provider or the warden. If the secretary determines the inmate meets the criteria for compassionate parole consideration as set forth in §24-15A-55, the secretary may refer the inmate for a compassionate parole hearing. The executive director of the Board of Pardons and Paroles shall schedule a discretionary, compassionate parole hearing with the board within three months of receipt of the referral. Source: SL 2018, ch 154, §2.
SD Codified L § 24-15A-57 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-57 - Factors for consideration in determining grant or denial of compassionate parole.

24-15A-57. Factors for consideration in determining grant or denial of compassionate parole.The Board of Pardons and Paroles shall consider the following factors in determining the grant or denial of a compassionate parole:(1)The inmate's assessed risk level;(2)The inmate's conduct in prison;(3)The inmate's conduct while on extended confinement, if applicable;(4)Sentence served and sentence remaining;(5)Offense and chronicity of criminal behavior;(6)Prognosis and incapacitation level;(7)The inmate's compliance with health care ordered by a health care provider;(8)Release plan including provisions for health care;(9)Input, if any, of the sentencing judge, the prosecuting attorney, and the victim;(10)If the care and supervision that the inmate requires and is anticipated to require can be provided in a more medically appropriate or cost effective manner than the Department of Corrections;(11)Allowing a geriatric or terminally ill person to live at a location outside of prison prior to death; and(12)The ability to adequately monitor the inmate, after release, to ensure public safety. Source: SL 2018, ch 154, §3.
SD Codified L § 24-15A-58 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-58 - Release plan to ensure health care expenses will be paid by inmate or third party payer.

24-15A-58. Release plan to ensure health care expenses will be paid by inmate or third party payer.An inmate may not be released on compassionate parole if the inmate meets the eligibility requirements of a medically indigent person under the provisions of chapter 28-13. An inmate may not be released on compassionate parole, unless the inmate's release plan ensures the inmate's health care expenses will be paid either by the inmate or a third party payer including Medicare, Medicaid, Indian Health Service, veteran's assistance, or private insurance. Source: SL 2018, ch 154, §4.
SD Codified L § 24-15A-59 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-59 - Grant or denial of compassionate parole--Reconsideration--Removal from consideration.

24-15A-59. Grant or denial of compassionate parole--Reconsideration--Removal from consideration.The board may grant or deny a compassionate parole. If denied the board shall set the date for the next consideration of compassionate parole not to exceed one year. The board may elect to review the inmate sooner than one year. If the inmate no longer meets the criteria for compassionate parole as set forth in §24-15A-55, the inmate's health care provider or the warden shall notify the secretary of corrections. The secretary may remove the inmate from compassionate parole consideration. An inmate removed from compassionate parole consideration is subject to applicable parole provisions under chapters 24-13, 24-15, and 24-15A notwithstanding the provisions of §§24-15A-55 to 24-15A-68, inclusive, or a pending compassionate parole hearing. If an inmate is released on compassionate parole and is compliant with the terms of the inmate's supervision, no longer meeting the criteria for compassionate parole in §24-15A-55 does not constitute grounds for parole revocation. Source: SL 2018, ch 154, §5.
SD Codified L § 24-15A-60 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-60 - Inmate who reaches parole eligibility date or initial parole date not eligible for compassionate parole.

24-15A-60. Inmate who reaches parole eligibility date or initial parole date not eligible for compassionate parole.An inmate is ineligible for compassionate parole once the inmate reaches the parole eligibility date pursuant to §24-15-5 or the inmate's initial parole date pursuant to §24-15A-32. However, if an inmate previously referred by the secretary for compassionate parole continues to meet the criteria for compassionate parole consideration as outlined in §24-15A-55 the factors listed in §24-15A-57 shall be considered in any subsequent discretionary parole release decision. Source: SL 2018, ch 154, §6.
SD Codified L § 24-15A-61 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-61 - Inmate granted compassionate parole subject to statutory requirements.

24-15A-61. Inmate granted compassionate parole subject to statutory requirements.An inmate granted compassionate parole is subject to the provisions of chapters 24-13, 24-15, and 24-15A, including the provisions related to supervision, early final discharge, and revocation of parole, so far as those provisions are consistent with §§24-15A-55 to 24-15A-68, inclusive. Source: SL 2018, ch 154, §7.