reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-23.1 - Preliminary hearing on parole violation not required under certain conditions.

24-15-23.1. Preliminary hearing on parole violation not required under certain conditions.
A preliminary hearing as provided for in §24-15-23 is not required if:
(1)The parolee is under arrest and being held on an order issued by a jurisdiction other than the Board of Pardons and Paroles;
(2)The parolee left the state or other approved jurisdiction without authorization and was apprehended outside of that jurisdiction; or
(3)The parolee was convicted of a felony or misdemeanor in a South Dakota court or a court of another state or a federal court.
Source:
SL 2004, ch 170, §2.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-23.2 - Failure to provide preliminary hearing prior to return to facility--Hearing required after return.

24-15-23.2. Failure to provide preliminary hearing prior to return to facility--Hearing required after return.
If a preliminary hearing under §24-15-23 is required and a parolee fails to receive a preliminary hearing prior to the parolee's return to a Department of Corrections facility, the parolee shall receive a preliminary hearing within ten working days of the parolee's return to a Department of Corrections facility.
Source:
SL 2004, ch 170, §3.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-24 - Revocation or modification of parole.

24-15-24. Revocation or modification of parole.
If the Board of Pardons and Paroles is satisfied that any provision of §24-15-20 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 reduction of time in full or in part for good conduct granted under §24-5-1 and withdraw time granted toward a partial early final discharge. If the board does not find that the provisions of §24-15-20 have been violated, the board may restore the parolee to the original or modified terms and conditions of parole.
Source:
SDC 1939, §13.5307; SL 1955, ch 31, §5; SL 1957, ch 36, §3; SL 1964, ch 33, §8; SDCL §23-60-22; SL 1978, ch 186, §31; SL 1983, ch 201; SL 1986, ch 210; SL 2004, ch 168, §65; SL 2011, ch 128, §7.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-25 - Parole of mentally ill inmate--Continuation of treatment as condition.

24-15-25. Parole of mentally ill inmate--Continuation of treatment as condition.
If the Board of Pardons and Paroles considers an inmate sentenced pursuant to §23A-27-38 for parole, the board 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 placed on parole by the board, 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 board, is basis for commencing a parole revocation hearing and grounds for parole revocation.
Source:
SL 1983, ch 174, §20; SL 1992, ch 177, §26.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-26 - Arrest of parolee--Notification to executive director.

24-15-26. Arrest of parolee--Notification to executive director.
If the Department of Corrections and its parole agents arrest or take a parolee into custody, the executive director shall be notified of the action and the cause for the action.
Source:
SL 1992, ch 177, §23.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-27 - Request to modify parole agreement.

24-15-27. Request to modify parole agreement.
If the parolee, the Department of Corrections, or the agent wish to modify board-ordered terms, conditions, restrictions, and requirements contained within a parolee's parole agreement, the request shall be forwarded to the executive director for submission to a panel or board. No board-ordered terms, conditions, restrictions, or requirements in a parole agreement may be modified without the concurrence of two board members.
Source:
SL 1992, ch 177, §24; SL 2004, ch 171, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-28 - County expenses in detaining parole violator--Reimbursement--Limit--Timeframe--Exclusion.

24-15-28. County expenses in detaining parole violator--Reimbursement--Limit--Timeframe--Exclusion.
The state shall reimburse any county of this state for expenses the county incurs for the detention of a parolee pursuant to §§24-15-19 and 24-15-21. The reimbursement may not exceed ninety-five dollars per day. Upon receipt of the bill, the state shall make reimbursement within thirty days. No county may be reimbursed by the state for costs incurred from detaining a parolee held for criminal charges unrelated to the parolee's current conviction and sentence.
Source: SL 1994, ch 191, §1; SL 1999, ch 130, §1; SL 2014, ch 120, §2; SL 2023, ch 81, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-29 - County expenses in detaining parole violator--Reimbursement--Process.

24-15-29. County expenses in detaining parole violator--Reimbursement--Process.
In order to obtain reimbursement pursuant to §24-15-28, the chair of the board of county commissioners of the county shall present a claim on a voucher to be approved by the secretary of corrections for detention expenses paid by the county, not to exceed ninety-five dollars per day. When the voucher is presented to the state auditor, the state auditor shall examine it and if the claim is just and valid, the state auditor shall issue a warrant for payment to be made from funds appropriated for that purpose, and the state treasurer shall then pay the sum to the treasurer of the county.
Source: SL 1994, ch 191, §2; SL 2004, ch 168, §66; SL 2014, ch 120, §1; SL 2023, ch 81, §2.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-30 - Written waiver of right to hearing or appearance.

24-15-30. Written waiver of right to hearing or appearance.
A request for waiver of a right to a parole hearing or an appearance at a parole hearing pursuant to §24-15-8, 24-15-23, 24-15A-39, or 24-15A-41 shall be submitted in writing to the Board of Pardons and Paroles by the inmate or parolee.
Source:
SL 2002, ch 124, §5; SL 2012, ch 137, §7; SL 2021, ch 112, § 1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-1 - Application of chapter.

24-15A-1. Application of chapter.
The provisions of this chapter do not apply to persons sentenced to prison for crimes committed prior to July 1, 1996, except the provisions in §§24-15A-18 and 24-15A-19 involving multiple sentences occurring both prior and subsequent to the enactment of this chapter and the provisions of §§24-15A-8.1, 24-15A-9, 24-15A-10, 24-15A-11, 24-15A-11.1, 24-15A-31, 24-15A-37, 24-15A-40, 24-15A-41.1, 24-15A-45, 24-15A-48, 24-15A-50, 24-15A-51, 24-15A-52, and 24-15A-54.
Source:
SL 1996, ch 158, §1; SL 2004, ch 171, §2; SL 2005, ch 132, §8; SL 2011, ch 128, §4; SL 2012, ch 137, §9; SL 2013, ch 101, §41.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-2 - Definition of terms.

24-15A-2. Definition of terms.
Terms used in this chapter mean:
(1)"Board," the Board of Pardons and Paroles;
(2)"Department," the Department of Corrections;
(3)"Secretary," the secretary of the Department of Corrections.
Source:
SL 1996, ch 158, §1A.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-3 - Crimes committed after July 1, 1996.

24-15A-3. Crimes committed after July 1, 1996 .
The provisions of §§24-2-9, 24-2-12, 24-2-12.1, 24-2-12.2, 24-2-17, 24-2-18, 24-5-1, 24-5-2, 24-5-7, 24-13-6, 24-13-7, 24-13-10, 24-15-1, 24-15-1.1, 24-15-1.2, 24-15-2, 24-15-3, 24-15-5, 24-15-6, 24-15-7, 24-15-7.1, 24-15-8, 24-15-10, 24-15-11, 24-15-12, 24-15-15, 24-15-20, 24-15-24, and 24-15-25 do not apply to any person sentenced to prison for a crime committed after July 1, 1996.
Source:
SL 1996, ch 158, §2; SL 2004, ch 171, §3; SL 2012, ch 138, §3.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-5 - Record of inmate conduct and infractions--Notice--Challenge to findings or sanctions--Investigation--Modification--Use of record.

24-15A-5. Record of inmate conduct and infractions--Notice--Challenge to findings or sanctions--Investigation--Modification--Use of record.
The warden shall keep a true record of the conduct of each inmate specifying in the record each infraction of the rules of discipline. Each inmate shall be notified of every entry on the inmate's record of each such infraction of the rules of discipline. The inmate shall have thirty days to challenge, by notifying the warden, the validity of the finding that the inmate committed the rule infraction or the disciplinary sanction imposed. After investigation, the warden may determine that the inmate did not commit the rule infraction and revise the record accordingly. The warden may also modify the imposed disciplinary sanction or rule infraction. The record shall be used by the warden and board in determining the inmate's compliance with the inmate's individual program directive at the time of the inmate's initial parole date. This record may also be used by the board in the determination of discretionary parole releases.
Source:
SL 1996, ch 158, §4; SL 2009, ch 128, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-6 - Sentence discharge dates--Jurisdiction over inmate.

24-15A-6. Sentence discharge dates--Jurisdiction over inmate.
The department must establish the sentence discharge date for each inmate based on the total sentence length, minus court ordered jail time credit. The total sentence length is the sum of imprisonment time and any suspended time. In the case of an entirely suspended state incarceration sentence under the supervision of the Department of Corrections and the Board of Pardons and Paroles pursuant to §§22-6-11, 23A-27-18.4, and 23A-27-19, the total sentence length is the term of imprisonment that has been suspended. Each inmate is under the jurisdiction of the department, either incarcerated or under parole release or a combination, for the entire term of the inmate's total sentence length unless the board grants an early final discharge pursuant to §24-15A-8, a partial early final discharge pursuant to §24-15A-8.1, the court modifies the sentence, the inmate receives earned discharge credits pursuant to §24-15A-50 or 24-15A-50.1, the inmate receives a compliant discharge pursuant to §16-22-29, or the sentence is commuted.
Source: SL 1996, ch 158, §5; SL 2011, ch 128, §2; SL 2017, ch 92, §4; SL 2018, ch 150, §1; SL 2018, ch 153, §2; SL 2023, ch 82, §90.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-7 - Status of inmate upon discharge--Certificate to inmate upon discharge or parole--Mailing to clerk of court.

24-15A-7. Status of inmate upon discharge--Certificate to inmate upon discharge or parole--Mailing to clerk of court.
Whenever any inmate has been discharged under the provisions of §24-15A-6, the inmate shall at the time of discharge be considered as restored to the full rights of citizenship. At the time of the discharge of any inmate under the provisions of this chapter, the inmate shall receive from the secretary a certificate stating that the inmate has been restored to the full rights of a citizen. If an inmate is on parole at the time the inmate becomes eligible for discharge, the secretary shall issue a like certificate, which is due notice that the inmate has been restored to the full rights of a citizen.
The secretary shall mail a copy of the certificate to the clerk of court for the county from which the inmate was sentenced.
Source:
SL 1996, ch 158, §6.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-8 - Early final discharge--Certificate of discharge.

24-15A-8. Early final discharge--Certificate of discharge.
Upon recommendation of the supervising agent, the board may grant an early final discharge from supervision for a parolee or person serving a suspended sentence under supervision of the board if the board is satisfied that an early final discharge would be in the best interests of society and the inmate. At the time of early final discharge from supervision, the secretary shall issue a certificate of discharge pursuant to §24-15A-7. An inmate is not entitled to an early final discharge. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any inmate.
Source:
SL 1996, ch 158, §7.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-8.1 - Partial early final discharge.

24-15A-8.1. Partial early final discharge.
Upon the recommendation of the supervising agent, the board may grant a partial early final discharge for a parolee or person serving a suspended sentence under supervision of the board if the board is satisfied that a partial early final discharge would be in the best interests of society and the inmate. A partial early final discharge is a reduction of the sentence term in an amount less than the amount to discharge the inmate from supervision. A partial early final discharge shall impact the inmate's sentence discharge date pursuant to §§24-15A-6 and 24-5-1. There is no entitlement to a partial early final discharge. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any inmate.
Source:
SL 2011, ch 128, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-9 - Designation of hearing officers--Written recommendation.

24-15A-9. Designation of hearing officers--Written recommendation.
The chair of the board may designate individual parole board members as hearing officers who may conduct hearings pursuant to this chapter and chapters 24-13, 24-14, and 24-15, take testimony, and make recommendations to the board. The recommendation shall be in writing and reviewed by the board or a panel of the board who may adopt, modify, or reject the recommendations.
Source:
SL 1996, ch 158, §8; SL 2004, ch 168, §67; SL 2005, ch 132, §9.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-10 - Designation of panels to conduct hearings--Final action.

24-15A-10. Designation of panels to conduct hearings--Final action.
The chair of the board may designate panels of two or more board members to conduct hearings pursuant to this chapter and chapters 24-13, 24-14, and 24-15, take testimony, and take final action.
Source:
SL 1996, ch 158, §9; SL 2004, ch 168, §68; SL 2005, ch 132, §10; SL 2019, ch 118, §2.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-11 - Parole and clemency--Concurrence by panel or board.

24-15A-11. Parole and clemency--Concurrence by panel or board.
No person seen by a panel may be paroled or denied parole, recommended for clemency, nor may a person's parole be revoked or rescinded without the concurrence of two board members. No person seen by the full board may be paroled or denied parole or recommended for clemency without the concurrence of the majority of the full board.
Source:
SL 1996, ch 158, §10; SL 2005, ch 132, §11; SL 2019, ch 118, §3; SL 2021, ch 113, § 1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-11.1 - Appeal of panel's decisions--Authority of panel.

24-15A-11.1. Appeal of panel's decisions--Authority of panel.
No decision made by a panel of two or more board members may be appealed to the Board of Pardons and Paroles. Any panel designated by the chair shall exercise the same authority and assume the same responsibilities as the full Board of Pardons and Paroles in those actions that the panel is authorized to take.
Source:
SL 2005, ch 132, §12.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-11.2 - Review of denial of pardon recommendation.

24-15A-11.2. Review of denial of pardon recommendation.
A denial of a pardon recommendation by a panel shall be reviewed by the board. The board may adopt, modify, or reject the denial and recommend a pardon.
Source:
SL 2019, ch 118, §4.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-12 - Parole hearings.

24-15A-12. Parole hearings.
The board shall meet in open session at facilities provided by the department at least every three months to conduct parole hearings pursuant to §§24-15A-39 and 24-15A-41, for the discussion and adoption of policy, for revocation and recession 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 for hearings before the board. All officers and employees of the department shall at all times cooperate with the board and the executive director of the board, give access to all inmates, and furnish such information as the board and the director may request pertaining to the performance of their duties.
Source:
SL 1996, ch 158, §11.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-13 - Duties of executive director of board.

24-15A-13. Duties of executive director of board.
The executive director of the board shall:
(1)Keep minutes of all proceedings of the board, 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 parole hearings and the results of these hearings;
(4)Keep all files, accounts, and records of the board;
(5)Transmit the decisions and orders of the board to the department such that the department may fulfill its duties in supervising parolees;
(6)Cooperate and coordinate with any employee of the department designated by the secretary to supervise parolees;
(7)Supervise all administrative staff of the board; and
(8)Perform such other duties as the board and the secretary may prescribe.
Source:
SL 1996, ch 158, §12.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-15 - Parole.

24-15A-15. Parole.
Parole is the conditional release of an inmate from actual state correctional facility 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; SL 2023, ch 82, §91.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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 Department of Corrections, 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; SL 2023, ch 82, §92.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional 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.