reglab/housing_qa huggingface dataset:
SD Codified L § 24-13-3 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 13 - Board Of Pardons And Paroles|Section 24-13-3 - Direction and supervision of Board of Pardons and Paroles--Records and reports--Coordination of programs.

24-13-3. Direction and supervision of Board of Pardons and Paroles--Records and reports--Coordination of programs.The Board of Pardons and Paroles shall be administered under the direction and supervision of the Department of Corrections but shall retain the quasi-judicial, quasi-legislative, advisory, and other nonadministrative functions otherwise vested in it, and shall exercise those functions independently of the Department of Corrections. The Board of Pardons and Paroles shall submit records, information, and reports in the form and at such times as required by the secretary of corrections, except that the Board of Pardons and Paroles shall report at least annually. The Board of Pardons and Paroles shall also coordinate programs under its jurisdiction with related programs under the jurisdiction of the Department of Corrections. Source: SL 1973, ch 2, §85; SL 1977, ch 198, §13; SDCL Supp, §23-58-1.1; SL 1978, ch 186, §1; SL 1989, ch 20, §169.
SD Codified L § 24-13-4 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 13 - Board Of Pardons And Paroles|Section 24-13-4 - Chair of board--Meetings.

24-13-4. Chair of board--Meetings.At the first meeting in each year, the board shall select one of its members as chair. The board shall meet at the times and places prescribed by its rules and whenever called together by the chair. Source: SL 1961, ch 46, §§1, 3; SDCL, §23-58-4; SL 1978, ch 186, §7; SL 1979, ch 164, §1; SL 1990, ch 183, §1; SL 1992, ch 177, §5; SL 2004, ch 168, §41.
SD Codified L § 24-13-4.1 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 13 - Board Of Pardons And Paroles|Section 24-13-4.1 - Quorum.

24-13-4.1. Quorum.A majority of the members shall constitute a quorum for official administrative business. Source: SL 1992, ch 177, §6.
SD Codified L § 24-13-5 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 13 - Board Of Pardons And Paroles|Section 24-13-5 - Compensation and expenses of board members.

24-13-5. Compensation and expenses of board members.Each member of the Board of Pardons and Paroles shall receive compensation and expense reimbursement set pursuant to §4-7-10.4 for attending meetings or performing duties of the board. Source: SL 1961, ch 46, §1; SDCL, §23-58-2; SL 1978, ch 186, §4.
SD Codified L § 24-13-6 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 13 - Board Of Pardons And Paroles|Section 24-13-6 - Meetings at department facilities to consider clemency and paroles--Facilities--Cooperation by penitentiary personnel.

24-13-6. Meetings at department facilities to consider clemency and paroles--Facilities--Cooperation by penitentiary personnel.The Board of Pardons and Paroles shall meet in open session at facilities provided by the Department of Corrections at least every three months to hear applications for parole, to grant the privilege of parole to deserving inmates, for the discussion and adoption of policy, for revocation and recension decisions, to review agenda items and upon request of the Governor, make recommendation for pardon, commutation, reprieve, or remission of fines or forfeitures. A properly furnished room shall be made available by the Department of Corrections for hearings before the board. All officers and employees of the Department of Corrections shall at all times cooperate with the Board of Pardons and Paroles and the executive director of the board, give access to all inmates, and furnish such information as the board or the director may request pertaining to the performance of their duties. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner. Source: SL 1961, ch 46, §3; SDCL, §23-58-5; SL 1978, ch 186, §8; SL 1985, ch 205, §2; SL 1989, ch 20, §171; SL 1992, ch 177, §12.
SD Codified L § 24-13-7 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 13 - Board Of Pardons And Paroles|Section 24-13-7 - Procedural rules of board--Consideration in granting or denying parole.

24-13-7. Procedural rules of board--Consideration in granting or denying parole.Pursuant to chapter 1-26, the Board of Pardons and Paroles may promulgate procedural rules for the effective enforcement of chapters 24-13 to 24-15, inclusive, and for the exercise of powers and duties conferred upon it. Additionally, the Board of Pardons and Paroles may utilize the following standards in granting or denying paroles or in assisting inmates in an assessment of their rehabilitation needs:(1)The inmate's personal and family history;(2)The inmate's attitude, character, capabilities, and habits;(3)The nature and circumstances of the inmate's offense;(4)The number, nature, and circumstances of the inmate's prior offenses;(5)The successful completion or revocation of previous probation or parole granted to the inmate;(6)The inmate's conduct in the institution, including efforts directed towards self-improvement;(7)The inmate's understanding of his or her own problems and the willingness to work towards overcoming them;(8)The inmate's total personality as it reflects on the possibility that the inmate will lead a law-abiding life without harm to society;(9)The inmate's family and marital circumstances and the willingness of the family and others to help the inmate upon release on parole from the institution;(10)The soundness of the parole program and whether it will promote the rehabilitation of the inmate;(11)The inmate's specific employment and plans for further formal education or training;(12)The inmate's plan for additional treatment and rehabilitation while on parole;(13)The effect of the inmate's release on the community;(14)The effect of the inmate's release on the administration of justice; and(15)The effect of the inmate's release on the victims of crimes committed by the inmate.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 1961, ch 46, §4; SDCL, §23-58-7; SL 1978, ch 186, §11; SL 1985, ch 205, §3; SL 2004, ch 168, §46.
SD Codified L § 24-13-8 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 13 - Board Of Pardons And Paroles|Section 24-13-8 - Board process for witnesses and evidence--Administration of oaths.

24-13-8. Board process for witnesses and evidence--Administration of oaths.The Board of Pardons and Paroles may issue process requiring the presence of any person before it and require the production of papers, records, and exhibits in any matter pending before it. Any member of the board may administer oaths to witnesses appearing before it. Source: SL 1961, ch 46, §5; SDCL, §23-58-8; SL 1978, ch 186, §12.
SD Codified L § 24-13-9 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 13 - Board Of Pardons And Paroles|Section 24-13-9 - Appointment and salary of executive director.

24-13-9. Appointment and salary of executive director.The secretary of corrections, after consulting with the Board of Pardons and Paroles, shall appoint an executive director for the Board of Pardons and Paroles to serve at the secretary's pleasure, who shall receive an annual salary fixed by the secretary. Source: SL 1961, ch 46, §2; SDCL, §23-58-3; SL 1978, ch 186, §5; SL 1989, ch 20, §170; SL 1992, ch 177, §13.
SD Codified L § 24-13-10 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 13 - Board Of Pardons And Paroles|Section 24-13-10 - Duties of executive director.

24-13-10. Duties of executive director.The executive director shall:(1)Keep minutes of all proceedings of the Board of Pardons and Paroles, keep a record of every application for a pardon, commutation, reprieve, or remission of a fine or forfeiture filed with the board and of all findings of the board and the disposition of each application;(2)Transmit to the Governor a copy of the board's recommendation for any pardon, commutation, reprieve, or remission of a fine or forfeiture, together with related papers and exhibits;(3)Keep a record of all paroles granted;(4)Keep all files, accounts, and records of the board;(5)Transmit the decisions and orders of the board to the Department of Corrections such that the department may fulfill its duties in supervising parolees;(6)Cooperate and coordinate with any employee of the Department of Corrections designated by the secretary to supervise parolees;(7)Supervise all administrative staff of the Board of Pardons and Parolees; and(8)Perform such other duties as the board and the secretary may prescribe. Source: SL 1961, ch 46, §2; SDCL, §23-58-6; SL 1978, ch 186, §10; SL 1989, ch 20, §172; SL 1992, ch 177, §14.
SD Codified L § 24-13-11 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 13 - Board Of Pardons And Paroles|Section 24-13-11 - Hearings by teleconference--Electronic document transfer.

24-13-11. Hearings by teleconference--Electronic document transfer.The Board of Pardons and Paroles may conduct hearings by teleconference during a regularly scheduled hearing. The board may receive documentary evidence via facsimile machines or other electronic means of document transfer. Source: SL 1990, ch 183, §2; SL 1992, ch 177, §15; SL 1997, ch 148, §1; SL 2001, ch 125, §1; SL 2012, ch 137, §4.
SD Codified L § 24-13-12 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 13 - Board Of Pardons And Paroles|Section 24-13-12 - Inapplicability of certain evidence rules.

24-13-12. Inapplicability of certain evidence rules.The provisions of articles I to IV, inclusive, and articles VI to XI, inclusive, of chapter 19-19 do not apply in proceedings before the Board of Pardons and Paroles. Source: SL 2009, ch 127, §1.
SD Codified L § 24-13-13 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 13 - Board Of Pardons And Paroles|Section 24-13-13 - Former board member service as auxiliary member.

24-13-13. Former board member service as auxiliary member.A former member of the Board of Pardons and Paroles is eligible, upon the request of the chair of the Board of Pardons and Paroles, to serve as an auxiliary member for a period of four years following the former member's service on the board. An auxiliary member has the same statutory powers and privileges, unless otherwise excluded pursuant to §§24-13-14 to 24-13-16, inclusive, as a member of the Board of Pardons and Paroles. Service as an auxiliary member does not require appointment pursuant to §24-13-1. Source: SL 2015, ch 144, §1.
SD Codified L § 24-13-14 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 13 - Board Of Pardons And Paroles|Section 24-13-14 - Restrictions on service of auxiliary member.

24-13-14. Restrictions on service of auxiliary member.No more than one auxiliary member may serve on a single hearing panel pursuant to §24-15A-10. No auxiliary member may serve as a hearing officer pursuant to §24-15A-9. Source: SL 2015, ch 144, §2.
SD Codified L § 24-13-15 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 13 - Board Of Pardons And Paroles|Section 24-13-15 - Maximum number of members conducting hearing or taking action.

24-13-15. Maximum number of members conducting hearing or taking action.The Board of Pardons and Paroles may not have more than nine members, including auxiliary members, conducting a hearing or taking action on a parole or clemency matter. Source: SL 2015, ch 144, §3.
SD Codified L § 24-13-16 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 13 - Board Of Pardons And Paroles|Section 24-13-16 - Auxiliary member not to serve as chair.

24-13-16. Auxiliary member not to serve as chair.No auxiliary member may serve as chair of the Board of Pardons and Paroles. Source: SL 2015, ch 144, §4.
SD Codified L § 24-14-1 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 14 - Executive Clemency|Section 24-14-1 - Delegation of authority by Governor.

24-14-1. Delegation of authority by Governor.The Governor may, by executive order, delegate to the Board of Pardons and Paroles the authority to hear applications for pardon, commutation, reprieve, or remission of fines and forfeitures, and to make its recommendations to the Governor. Source: SL 1978, ch 186, §9; SL 2004, ch 168, §47.
SD Codified L § 24-14-2 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 14 - Executive Clemency|Section 24-14-2 - Forms of clemency.

24-14-2. Forms of clemency.The term, clemency, means either a pardon, commutation, reprieve, or remission of a fine or forfeiture. Source: SL 1978, ch 186, §34; SL 2004, ch 168, §48.
SD Codified L § 24-14-3 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 14 - Executive Clemency|Section 24-14-3 - Notice to prosecuting attorney, sentencing judge, attorney general, and law enforcement of hearing for clemency.

24-14-3. Notice to prosecuting attorney, sentencing judge, attorney general, and law enforcement of hearing for clemency.The executive director shall notify the attorney who prosecuted the person applying for clemency, or the attorney' s successor in office, the sentencing judge, the attorney general, and the sheriff or local law enforcement agency where the offense was committed, at least thirty days prior to a hearing by the board. Source: SDC 1939, §13.5105; SL 1964, ch 33, §2; SDCL, §23-59-5; SL 1978, ch 186, §36; SL 1988, ch 200, §1; SL 2004, ch 168, §49; SL 2005, ch 132, §5.
SD Codified L § 24-14-4 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 14 - Executive Clemency|Section 24-14-4 - Publication of notice of application for clemency.

24-14-4. Publication of notice of application for clemency.Any applicant shall, upon notice of hearing from the board for clemency consideration, publish once each week for three consecutive weeks in one of the official newspapers designated by the county where the offense was committed, the name of the person on whose behalf the application is made, the public offense for which the person was convicted, the time of the person's conviction, and the term of imprisonment. The last publication shall be published at least twenty days before the hearing. The affidavit of the publisher of the paper showing that notice has been published shall accompany the application. This notice requirement does not apply to an applicant requesting an exceptional pardon. Source: SDC 1939, §13.5105; SL 1964, ch 33, §2; SDCL, §23-59-6; SL 1978, ch 186, §37; SL 1988, ch 200, §2; SL 2003, ch 140, §2; SL 2005, ch 132, §6.
SD Codified L § 24-14-5 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 14 - Executive Clemency|Section 24-14-5 - Submission to board of applications for clemency--Governor not bound by board recommendations.

24-14-5. Submission to board of applications for clemency--Governor not bound by board recommendations.The Governor may submit an application for clemency to the Board of Pardons and Paroles for its recommendation. The Governor may, by executive order, delegate to the board the authority to consider applications for clemency and make recommendations to the Governor. The Governor is not bound to follow any recommendation returned by the board. Source: SL 1978, ch 186, §35; SL 2004, ch 168, §50.
SD Codified L § 24-14-6 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 14 - Executive Clemency|Section 24-14-6 - Appearance before board to object to recommendation for clemency.

24-14-6. Appearance before board to object to recommendation for clemency.Any person feeling aggrieved by an application for clemency may appear in person before the Board of Pardons and Paroles during its consideration to show cause by written or oral testimony why a recommendation for clemency should not be granted. Source: SDC 1939, §13.5107; SL 1964, ch 33, §3; SDCL, §23-59-7; SL 1978, ch 186, §38.
SD Codified L § 24-14-7 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 14 - Executive Clemency|Section 24-14-7 - Recommendation for clemency to be in writing--Record of findings and reasons.

24-14-7. Recommendation for clemency to be in writing--Record of findings and reasons.Whenever the Board of Pardons and Paroles recommends clemency to the Governor, the recommendation shall be in writing. The board shall keep a record of its findings and the reasons for its recommendation. Source: SL 1961, ch 46, §6; SDCL, §23-59-8; SL 1978, ch 186, §39.
SD Codified L § 24-14-8 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 14 - Executive Clemency|Section 24-14-8 - Application for exceptional pardon--Persons eligible.

24-14-8. Application for exceptional pardon--Persons eligible.Upon the expiration of five years following the release of an applicant from a Department of Corrections facility who was convicted of not more than one felony, which was not an offense punishable by life imprisonment, the applicant may apply to the Board of Pardons and Paroles for an exceptional pardon. If an applicant was convicted of a crime that did not result in the applicant subsequently serving a prison sentence, the applicant may apply for an exceptional pardon if at least five years have passed from the date of the applicant's offense, if the applicant was not convicted of more than one felony, and if the offense was not punishable by life imprisonment. Source: SL 1974, ch 169, §2; SDCL Supp, §23-59-11; SL 1978, ch 186, §41; SL 2005, ch 132, §7.
SD Codified L § 24-14-9 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 14 - Executive Clemency|Section 24-14-9 - Notice requirements on application for exceptional pardon--Reference by Governor.

24-14-9. Notice requirements on application for exceptional pardon--Reference by Governor.Applications for exceptional pardons shall be in accordance with §§24-14-3 and 24-14-5. The notice requirement contained in §24-14-4 does not apply to exceptional pardons. Source: SL 1974, ch 169, §3; SDCL Supp, §23-59-12; SL 1978, ch 186, §42; SL 2003, ch 140, §4.
SD Codified L § 24-14-10 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 14 - Executive Clemency|Section 24-14-10 - Recommendations for exceptional pardon.

24-14-10. Recommendations for exceptional pardon.The Board of Pardons and Paroles may recommend exceptional pardons to the Governor. Source: SL 1974, ch 169, §1; SDCL Supp, §23-59-10; SL 1978, ch 186, §40.
SD Codified L § 24-14-11 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 14 - Executive Clemency|Section 24-14-11 - Effects of pardon--Disabilities removed--Records sealed--Filing of document making pardon public--Failure to acknowledge proceedings not perjury--Prior conviction for habitual offender law.

24-14-11. Effects of pardon--Disabilities removed--Records sealed--Filing of document making pardon public--Failure to acknowledge proceedings not perjury--Prior conviction for habitual offender law.Any person who has been granted a pardon under the provisions of this chapter shall be released from all disabilities consequent on the person's conviction. Upon the granting of a pardon under the provisions of this chapter, the Governor shall order that all official records relating to the pardoned person's arrest, indictment or information, trial, finding of guilt, application for a pardon, and the proceedings of the Board of Pardons and Paroles shall be sealed. The Governor shall file a public document with the secretary of state certifying that the Governor has pardoned the person in compliance with the provisions of this chapter. The document shall remain a public document for five years and after five years that document shall be sealed. The receipt of any pardon, which was granted without following the provisions of this chapter, may not be sealed. The pardon restores the person, in the contemplation of the law, to the status the person occupied before arrest, indictment, or information. No person as to whom such order has been entered may be held thereafter under any provision of any law to be guilty of perjury or of giving a false statement by reason of such person's failure to recite or acknowledge such arrest, indictment, information, or trial in response to any inquiry made of such person for any purpose.For the sole purpose of consideration of the sentence of a defendant for subsequent offenses or the determination of whether the defendant is a habitual offender under chapter 22-7 or whether the defendant has prior driving under the influence convictions pursuant to chapter 32-23, the pardoned offense shall be considered a prior conviction.The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation. The nonpublic record shall be retained solely for use by law enforcement agencies, prosecuting attorneys, and courts in sentencing such person for any subsequent offense and in determining whether or not, in any subsequent proceeding, the person is a habitual offender under chapter 22-7 or the determination of whether the defendant has prior driving under the influence convictions pursuant to chapter 32-23. Source: SL 1983, ch 199, §3; SL 2003, ch 140, §1.
SD Codified L § 24-14-12 (2021)
2021 South Dakota Codified Laws|Title 24 - Penal Institutions, Probation and Parole|Chapter 14 - Executive Clemency|Section 24-14-12 - Application of § 22-14-15 to person granted pardon by Governor.

24-14-12. Application of §22-14-15 to person granted pardon by Governor.Notwithstanding the provisions of §24-14-11, the provisions of §22-14-15 continue to apply to any person granted a pardon by the Governor, unless the Governor specifies otherwise in the order granting the pardon. Source: SL 1986, ch 203.