reglab/housing_qa huggingface dataset:
SD Codified L § 24-15A-14 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-14 - File containing history of inmate--Purposes--Access to file.

24-15A-14. File containing history of inmate--Purposes--Access to file.If a defendant is sentenced to prison, the department shall develop a file which shall contain a complete history of that person. Except for the information authorized for release pursuant to §24-2-20, the record shall be a permanent record of the department, solely for the proper supervision of the inmate by the department and as a guide to the inmate's needs. No person other than members of the board, its executive director, the secretary, and any person specifically delegated for such access by the secretary, may inspect the file unless otherwise ordered by a circuit court or subpoena after notice to the secretary and an opportunity for a hearing on any objections to inspection. The secretary shall have ten days after receipt of the notice to inform the court if the secretary requests a hearing. Source: SL 1996, ch 158, §13; SL 2001, ch 118, §3; SL 2004, ch 168, §69; SL 2011, ch 127, §2.
SD Codified L § 24-15A-15 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-15 - Parole.

24-15A-15. Parole.Parole is the conditional release of an inmate from actual penitentiary custody before the expiration of the inmate's term of imprisonment. The prisoner remains an inmate under the legal custody of the department until the expiration of the inmate's term of imprisonment. A prisoner is not required to accept parole. Source: SL 1996, ch 158, §14.
SD Codified L § 24-15A-16 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-16 - Determination of whether prior offense constitutes felony--Effect of determination.

24-15A-16. Determination of whether prior offense constitutes felony--Effect of determination.The determination of whether a prior offense is a felony for the purposes of this chapter shall be determined by whether it is a felony under the laws of this state, any other state, or the United States at the time of conviction of the offense. Any felony conviction in this state, any other state, or the United States shall be considered to determine an initial parole date under §§24-15-4 and 24-15A-32. Source: SL 1996, ch 158, §15.
SD Codified L § 24-15A-16.1 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-16.1 - Suspended imposition of sentence--Effect on parole eligibility.

24-15A-16.1. Suspended imposition of sentence--Effect on parole eligibility.If a person receives a suspended imposition of sentence for an offense committed on or after July 1, 2008, and that offense constitutes a felony under the laws of the state, any other state, or the United States at the time of the suspension of imposition, that offense, whether or not discharge and dismissal have occurred, shall be considered a prior felony conviction for purposes of establishment of an initial parole date pursuant to this chapter. The date of the first order suspending the imposition of sentence, whether or not discharge and dismissal have occurred, shall be the date of conviction for purposes of establishment of the number of felony convictions needed to calculate an initial parole date pursuant to this chapter. Source: SL 2008, ch 119, §1; SL 2010, ch 134, §2.
SD Codified L § 24-15A-17 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-17 - Preparation for parole hearing.

24-15A-17. Preparation for parole hearing.The executive director of the board in preparing for each parole hearing shall receive from the department:(1)A true record of each inmate which specifies each infraction of rules and the disciplinary action taken;(2)The warden's report of substantive noncompliance with the individual program directive or subsequent progress and conduct;(3)A report of any conduct on the inmate's part evincing an intent to reoffend; and(4)In the case of a discretionary parole hearing following a revocation or finding of noncompliance, a report of the nature and seriousness of the parole violation or basis for noncompliance, results of risk and needs assessments of the inmate conducted by the department and other agencies as available and copies of documents related to supervision, treatment, and violation decisions in the inmate's prior prison, probation, and parole custodies as available. Source: SL 1996, ch 158, §16; SL 2013, ch 101, §31.
SD Codified L § 24-15A-18 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-18 - Concurrent sentencing--Determination of initial parole date.

24-15A-18. Concurrent sentencing--Determination of initial parole date.In the determination of an inmate's initial parole date, two or more convictions arising from the same transaction, for which the sentences are made to run concurrently, shall be considered as one conviction. Two or more sentences arising from different transactions for which the sentences are made to run concurrently shall be considered as separate convictions. The first parole date shall be figured on the concurrent sentence with the longest time to serve to parole. If there are different transactions with at least one occurring prior to July 1, 1996, and at least one occurring on or after July 1, 1996, the inmate shall be subject to parole provisions effective at the time of the offense with the longest time to parole eligibility or initial parole. Source: SL 1996, ch 158, §17.
SD Codified L § 24-15A-19 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-19 - Consecutive sentencing--Determination of initial parole date.

24-15A-19. Consecutive sentencing--Determination of initial parole date.In the determination of an inmate's initial parole date, two or more convictions arising from the same transaction, for which the sentences are made to run consecutively, shall be considered as one conviction. Two or more sentences arising from different transactions for which the sentences are made to run consecutively shall be considered as separate convictions. For a person receiving two or more sentences which are made to run consecutively, time to serve to initial parole shall be calculated individually for each sentence then added to determine actual first parole date. In cases of different transactions, at least one occurring prior to July 1, 1996, and at least one occurring on or after July 1, 1996, time to initial parole shall be calculated by adding the time to serve to initial parole on transactions occurring on or after July 1, 1996, to the parole eligibility date of the transactions occurring prior to July 1, 1996, unless the subsequent transaction is a result of a crime committed as an inmate pursuant to §24-15A-20.In cases of different transactions, where at least one transaction has a discretionary parole date as a result of a parole revocation pursuant to §24-15-24, §24-15A-29, or as a result of noncompliance pursuant to §24-15A-39, and at least one transaction has an initial parole date pursuant to §24-15A-32, time to initial parole shall be calculated by adding the time to serve to parole on transactions with an initial parole date to the parole eligibility date on transactions with a discretionary date. Parole eligibility as used in this section is the date the inmate is next eligible for a parole hearing based on transactions with a discretionary date. Source: SL 1996, ch 158, §18; SL 2007, ch 153, §1.
SD Codified L § 24-15A-20 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-20 - Consecutive sentencing--Parole eligibility.

24-15A-20. Consecutive sentencing--Parole eligibility.If a person is convicted of a felony while an inmate under the custody of the warden of the penitentiary, the sentence shall run consecutively and the person is not eligible for consideration for parole until serving the last of all such consecutive sentences, unless the sentencing court specifically orders otherwise. The parole date shall be established subject to the provisions of §24-15A-32. This section does not apply to a person who commits a felony while on parole as defined in §24-15A-15. Source: SL 1996, ch 158, §19; SL 2004, ch 164, §3.
SD Codified L § 24-15A-23 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-23 - Application for clemency.

24-15A-23. Application for clemency.An application for clemency may not be heard by the board for one year after the date of the judgment. If an application for clemency is denied, an inmate may not again present an application for clemency for a period of one year. Source: SL 1996, ch 158, §22.
SD Codified L § 24-15A-23.1 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-23.1 - Eligibility for clemency.

24-15A-23.1. Eligibility for clemency.An inmate is ineligible to apply for clemency if the inmate reaches the initial parole date set pursuant to §24-15A-32. If an inmate is released on parole or the inmate's sentence has been discharged pursuant to §24-15A-7, the inmate may apply for clemency pursuant to §24-15A-23. Source: SL 1999, ch 131, §1.
SD Codified L § 24-15A-24 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-24 - Restrictions on parolee--Bond--Restitution--Child support--Supervision fees.

24-15A-24. Restrictions on parolee--Bond--Restitution--Child support--Supervision fees.The board and the department may place reasonable restrictions upon a parolee which are designed to continue the parolee's rehabilitation, including limited areas of residence or community access, required participation in treatment, enhanced reporting requirements, and use of electronic monitoring or global positioning units. The board and the department may require the parolee to post a bond to assure the parolee's appearance and compliance with the conditions and restrictions of parole. The board and the department shall require the implementation of a restitution plan and payment of supervision fees, if reasonably possible. The prior obligations of child support and restitution payments take precedence over collection of supervision fees. All restrictions shall be in writing, and the agreement shall be signed by the parolee. Source: SL 1996, ch 158, §23; SL 1997, ch 149, §2; SL 2006, ch 123, §13; SL 2010, ch 133, §2.
SD Codified L § 24-15A-25 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-25 - Parolee release--Necessities.

24-15A-25. Parolee release--Necessities.If an inmate is released on parole, the department shall provide the parolee, if the parolee is not already provided for, with necessary clothing not to exceed a cost of one hundred dollars, with necessary traveling expenses not to exceed fifty dollars, and with transportation to the county of commitment or an equivalent distance. Source: SL 1996, ch 158, §24.
SD Codified L § 24-15A-26 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-26 - Parolee release to other state--Supervision.

24-15A-26. Parolee release to other state--Supervision.The board and the department may permit a parolee to leave this state and go to any other state, if satisfied that suitable employment or beneficial occupation of the parolee's time has been secured in the other state where the parolee will be free from criminal influences, and that a parole agency or department of the other state will undertake supervision of the parolee within the other state in conformity with the laws of South Dakota relating to parolees, in the same manner and to the same extent as if the parolee had not been permitted to leave the state. Source: SL 1996, ch 158, §25.
SD Codified L § 24-15A-27 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-27 - Show cause parole revocation order.

24-15A-27. Show cause parole revocation order.The executive director of the board may issue an order to show cause why parole should not be revoked if the director or the board is satisfied that:(1)A parolee is violating or has violated the regulations or restrictions that are placed upon the parolee by the board, the department, or the sentencing court;(2)A parolee has failed to report to the parolee's assigned parole agent;(3)A parolee has failed to answer inquiries made by a parole agent; or(4)The purposes or objects of parole are not being served. Source: SL 1996, ch 158, §26.
SD Codified L § 24-15A-28 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-28 - Revocation or modification of parole.

24-15A-28. Revocation or modification of parole.If the board is satisfied that any provision of §24-15A-27 has been violated, it may revoke the parole and reinstate the terms of the original sentence and conviction or it may modify conditions of parole and restore parole status. In addition, the board may order the denial of credit for time served on parole and withdraw time granted toward a partial early final discharge. If the board does not find that the provisions of §24-15A-27 have been violated, the board may restore the parolee to the original or modified terms and conditions of the parolee's parole. Source: SL 1996, ch 158, §27; SL 2004, ch 168, §70; SL 2011, ch 128, §8.
SD Codified L § 24-15A-29 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-29 - Discretionary parole date on revocation--Conditions--Discretionary hearings.

24-15A-29. Discretionary parole date on revocation--Conditions--Discretionary hearings. The board shall establish a discretionary parole date of not more than two years from the date of revocation if:(1)An offender's parole or suspended sentence is revoked and imposed following release to parole supervision; or(2)An offender's suspended sentence is revoked and imposed after the offender has been found noncompliant under § 24-15A-39.Subsequent discretionary hearings shall be held at intervals of not more than two years. The board is not required to see an inmate for a discretionary parole hearing at two-year intervals following a revocation if the inmate receives an additional felony sentence that carries an initial parole date longer than two years from the revocation. Source: SL 1996, ch 158, §28; SL 2010, ch 134, §1; SL 2013, ch 116, §1; SL 2021, ch 114, § 1.
SD Codified L § 24-15A-29.1 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-29.1 - Parole date on revocation prior to release.

24-15A-29.1. Parole date on revocation prior to release. If a suspended sentence is revoked and imposed prior to the initial parole date, a new initial parole date subject to § 24-15A-38 shall be calculated on the newly imposed incarceration term. Source: SL 2021, ch 114, § 2.
SD Codified L § 24-15A-30 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-30 - Parole release of inmate requiring treatment.

24-15A-30. Parole release of inmate requiring treatment.If an inmate sentenced pursuant to §23A-27-38 becomes eligible for parole release, the department shall consult with the treating facility at which the inmate is being treated, or from which the inmate has been discharged concerning the information required by §23A-27-39. If the inmate is released on parole, treatment recommended by the treating facility shall be made a condition of parole. An inmate's failure to continue treatment except by agreement of the treating facility and the department, is basis for commencing a parole revocation hearing and grounds for parole revocation. Source: SL 1996, ch 158, §29.
SD Codified L § 24-15A-31 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-31 - Modification of parole agreement.

24-15A-31. Modification of parole agreement.If the parolee or the parole agent wish to modify the terms, conditions, restrictions, and requirements contained within a parolee's parole agreement, the request shall be forwarded to the executive director of the board for approval. Source: SL 1996, ch 158, §30.
SD Codified L § 24-15A-32.1 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-32.1 - Withholding of parole eligibility of sex offender based upon history, treatment, and risk factors.

24-15A-32.1. Withholding of parole eligibility of sex offender based upon history, treatment, and risk factors.Upon recommendation of sex offender treatment program staff and following a review of the inmate's history, treatment status, risk of re-offense, and psycho-sexual assessment, the warden may, at any time prior to the inmate's final discharge, recommend to the Board of Pardons and Paroles that parole eligibility pursuant to §24-15A-32 be withheld on an inmate convicted of a felony sex offense as defined in §22-24B-1.The board may, after a hearing, determine if parole eligibility is to be withheld. The decision of the board to withhold parole eligibility is final. Source: SL 2006, ch 121, §13.
SD Codified L § 24-15A-33 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-33 - Change in initial parole date.

24-15A-33. Change in initial parole date.An inmate's initial parole date is subject to change upon receipt of information regarding a change in the number of prior felony convictions or any subsequent felony convictions. Any inmate who is aggrieved by the established parole date may apply for a review of the date with the board for a determination of the true and correct parole date. Source: SL 1996, ch 158, §32.
SD Codified L § 24-15A-34 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-34 - Individual program directives for inmates.

24-15A-34. Individual program directives for inmates.Within thirty days of admission to the department, the department shall establish an individual program directive for each inmate which may include the following:(1)Required work, school, or program participation;(2)Refraining from conduct evincing an intent to reoffend; and(3)Required conduct in accordance with the rules and policies of the department and its institutions.The individual program directive may be modified by a classification board for reasons including program completion, changes in classification or housing status, medical or mental health needs or resource availability. Each inmate shall be notified in writing of the inmate's individual program directive and any modifications to it. Source: SL 1996, ch 158, §33.
SD Codified L § 24-15A-35 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-35 - Notification of inmate's substantive compliance, noncompliance, or undetermined compliance with program directive.

24-15A-35. Notification of inmate's substantive compliance, noncompliance, or undetermined compliance with program directive.At least thirty days prior to an inmate's initial parole date, the warden shall notify the board in writing of the inmate's substantive compliance or noncompliance with the inmate's individual program directive. If an award of earned discharge credit moves an inmate's initial parole date to within thirty days, the compliance report shall be completed no later than seven calendar days from the date of the application of the credits. If there is insufficient information for the warden to determine substantive compliance or noncompliance, the warden shall report a finding of undetermined compliance to the board. The warden shall also notify the inmate in writing of the warden's report of substantive compliance, noncompliance, or undetermined compliance. At least thirty days prior to an inmate's subsequent, discretionary parole hearing, the warden shall submit to the board an updated report of the inmate's conduct and progress since the last hearing. Source: SL 1996, ch 158, §34; SL 2012, ch 137, §1; SL 2019, ch 120, §1.
SD Codified L § 24-15A-36 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-36 - Inmate to submit parole release plan.

24-15A-36. Inmate to submit parole release plan.At least thirty days prior to an inmate's parole date, the inmate shall submit a parole release plan to the executive director of the board. If an award of earned discharge credit moves an inmate's initial parole date to within thirty days, the inmate shall submit the release plan upon completion of the plan. This plan will include the inmate's proposed residence, employment, or means of support, and any specialized treatment, counseling, or educational services the inmate proposes to be involved with upon parole. This plan is subject to approval by the executive director of the board. The executive director may require an inmate to modify a release plan prior to approval. Source: SL 1996, ch 158, §35; SL 2019, ch 120, §2.
SD Codified L § 24-15A-37 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-37 - Parole agreement on conditions of supervision.

24-15A-37. Parole agreement on conditions of supervision.As a condition of parole release, each inmate shall be required to sign an agreement setting forth the conditions of supervision placed on the inmate by the board and the department. The agreement shall be developed by the executive director of the board. Source: SL 1996, ch 158, §36.
SD Codified L § 24-15A-38 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 15A - Adult Prison Parole System|Section 24-15A-38 - Inmate release to parole supervision--Conditions.

24-15A-38. Inmate release to parole supervision--Conditions.Each inmate shall be released from incarceration to parole supervision, without a hearing with the board, at the time of the inmate's initial parole date, if the inmate has substantively met the requirements of the individual program directive established by the department, agreed to the conditions of supervision and has an approved parole release plan. Source: SL 1996, ch 158, §37.