reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities 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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-1 - Files and case histories of inmates--Purposes—Access to file.

24-15-1. Files and case histories of inmates--Purposes--Access to file.
If a defendant is sentenced to a state correctional facility, the Department of Corrections shall develop a file which shall contain a complete history of that person. The executive director of the Board of Pardons and Paroles shall generate an adequate case history of each inmate of a state correctional facility to enable the executive director to make recommendations to the Board of Pardons and Paroles. The case history shall include results of risk and needs assessments of the inmate conducted by the department and other agencies as available and copies of documents relevant to supervision, treatment, and violation decisions in the inmate's prior prison, probation and parole custodies. The case history shall be transferred and kept as a permanent record of the Department of Corrections, solely for the proper supervision of the inmate by the Department of Corrections and as a guide to the inmate's needs. Except for the information authorized for release pursuant to §24-2-20, no person other than members of the Board of Pardons and Paroles, its executive director, the secretary of corrections, or any person specifically delegated for such access by the secretary of corrections, may inspect such file unless otherwise ordered by a circuit court or subpoena after notice to the secretary of corrections 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: SDC 1939, §13.5304 as added by SL 1955, ch 31, §2; SL 1964, ch 33, §6; SDCL §§23-57-11, 23-60-1, 23-60-2; SL 1977, ch 198, §11; SL 1978, ch 186, §16; SL 1987, ch 13, §2; SL 1989, ch 20, §173; SL 1991, ch 209, §1; SL 1992, ch 177, §16; SL 2001, ch 118, §2; SL 2004, ch 168, §51; SL 2011, ch 127, §1; SL 2013, ch 101, §30; SL 2023, ch 82, §80.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-1.1 - Parole defined--Prisoner not required to accept parole--No right to parole.

24-15-1.1. Parole defined--Prisoner not required to accept parole--No right to parole.
Parole is the discretionary 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 of Corrections until the expiration of the inmate's term of imprisonment. A prisoner is not required to accept a conditional parole. A prisoner is never entitled to parole. However, parole may be granted if in the judgment of the Board of Pardons and Paroles granting a parole would be in the best interests of society and the prisoner.
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 1985, ch 205, §1; SL 1989, ch 20, §174; SL 2004, ch 168, §52; SL 2023, ch 82, §81.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-1.2 - Prior felonies--Determination and effect on parole eligibility.

24-15-1.2. Prior felonies--Determination and effect on parole eligibility.
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 parole eligibility under §§24-15-4 and 24-15-5.
Source:
SL 1986, ch 204.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-2 - Contents and sources for case histories.

24-15-2. Contents and sources for case histories.
The executive director of the Board of Pardons and Paroles in preparing each case history shall:
(1)Adopt and implement a procedure by which a report shall be completed to contain the life history of each inmate;
(2)Receive from the Department of Corrections a copy of the true record of each inmate which specifies each infraction of rules and the disciplinary action taken; and
(3)Enlist the services of any sheriff, state's attorney, circuit judge, or other officer who may have knowledge concerning each inmate, or circumstances surrounding the commission of the crime for which the inmate was sentenced, or the inmate's previous history.
Source:
SDC 1939, §13.5304 as added by SL 1955, ch 31, §2; SL 1964, ch 33, §6; SDCL, §23-60-3; SL 1978, ch 186, §17; SL 1992, ch 177, §17; SL 2004, ch 168, §53.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-3 - Establishment of date of parole consideration eligibility--Change--Hearing--Completion of history--Findings regarding inmate.

24-15-3. Establishment of date of parole consideration eligibility--Change--Hearing--Completion of history--Findings regarding inmate.
Whenever any person becomes an inmate of a state correctional facility, the Department of Corrections must immediately establish in the record the date when the inmate will be eligible for consideration for parole. Such consideration for a parole eligibility 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 consideration eligibility date may apply for a hearing before the Board of Pardons and Paroles for a final determination of the true and correct parole consideration eligibility date. Between the date a person becomes an inmate of the state correctional facility and the date on which the person becomes eligible for consideration for parole, the department must complete the history of the inmate and must study the life, habits, previous environment, and nature of the inmate to determine the advisability of recommending the inmate for parole when the inmate becomes eligible to be considered. At least ten days before the date of eligibility the department must submit to the board the findings regarding the inmate.
Source: SDC 1939, §13.5304 as added by SL 1955, ch 31, §2; SL 1964, ch 33, §6; SDCL §23-60-4; SL 1978, ch 186, §19; SL 1984, ch 180, §3; SL 1986, ch 205, §4; SL 1986, ch 206; SL 2004, ch 168, §54; SL 2014, ch 116, §12; SL 2023, ch 82, §82.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-4 - Inmate sentenced to life imprisonment ineligible for parole--Exception.

24-15-4. Inmate sentenced to life imprisonment ineligible for parole--Exception.
No inmate sentenced to life imprisonment is eligible for parole by the Board of Pardons and Paroles except as provided in §§24-15A-55 to 24-15A-68, inclusive.
Source:
SDC 1939, §13.5302; SL 1964, ch 33, §5; SDCL §23-60-15; SL 1978, ch 186, §21; SL 2004, ch 168, §55; SL 2018, ch 154, §11.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-4.1 - Inmate sentenced to term of imprisonment ineligible for parole--Exception--No discharge credit.

24-15-4.1. Inmate sentenced to term of imprisonment ineligible for parole--Exception--No discharge credit.
For the purposes of this section, the term, offense, means any of the following:
(1)Manslaughter in the first degree, as defined in §22-16-15;
(2)Kidnapping in the first degree, as defined in §22-19-1;
(3)Rape in the first degree, as defined in §22-22-1;
(4)Rape in the second degree, as defined in §22-22-1;
(5)Torture of a human trafficking victim, as defined in §22-49-5;
(6)Commission of a felony while armed with firearms, as defined in §22-14-12;
(7)Aggravated assault against a law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer, as defined in §22-18-1.05;
(8)Aggravated battery of an infant, as defined in §22-18-1.4;
(9)Assault with intent to cause serious permanent disfigurement, as defined in §22-18-1.5;
(10)Robbery in the first degree, as defined in §22-30-6;
(11)First degree burglary, as defined in §22-32-1;
(12)First degree arson, as defined in §22-33-9.1; and
(13)First degree human trafficking, as defined in §22-49-2.
An inmate convicted of and sentenced for an offense as specified in this section, for a crime committed on or after July 1, 2023, is not eligible for parole by the Board of Pardons and Paroles, except as provided in §§24-15A-55 to 24-15A-68, inclusive. An inmate shall serve the full term of imprisonment imposed by the court for the offense. The court shall retain the discretion to suspend a portion of the prison sentence required. If the court suspends a portion of the prison sentence, the Board of Pardons and Paroles shall supervise the suspended time and has the authority to revoke the suspended portion of the sentence for failing to follow the conditions of release.
An inmate may earn any credit for which the inmate is eligible. However, such credits may only be used for increased privileges and may not be used to reduce the sentence imposed by the court.
Source: SL 2023, ch 80, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-4.2 - Inmate sentenced to term of imprisonment ineligible for parole--Exception--Limited discharge credit.

24-15-4.2. Inmate sentenced to term of imprisonment ineligible for parole--Exception--Limited discharge credit.
For the purposes of this section, the term, offense, means any of the following:
(1)Vehicular homicide, as defined in §22-16-41;
(2)Aggravated assault, as defined in §22-18-1.1;
(3)Aggravated criminal battery of an unborn child, as defined in §22-18-1.3;
(4)Kidnapping in the second degree, as defined in §22-19-1.1;
(5)Second degree burglary, as defined in §22-32-3;
(6)Riot, as defined in §22-10-1;
(7)Manslaughter in the second degree, as defined in §22-16-20;
(8)Second degree human trafficking, as defined in §22-49-3;
(9)Felony child abuse, as defined in §26-10-1; and
(10)Attempt to commit, or a conspiracy to commit, or a solicitation to commit any offense enumerated in § 24-15-4.1.
An inmate convicted of and sentenced for an offense as specified in this section, for a crime committed on or after July 1, 2023, is not eligible for parole by the Board of Pardons and Paroles except as provided in §§24-15A-55 to 24-15A-68, inclusive. An inmate shall serve the full term of imprisonment imposed by the court for the offense. The court shall retain the discretion to suspend a portion of the prison sentence required. If the court suspends a portion of the prison sentence, the Board of Pardons and Paroles shall supervise the suspended time and has the authority to revoke the suspended portion of the sentence for failing to follow the conditions of release.
An inmate may earn any credit for which the inmate is eligible. However, such credits may only be used for increased privileges and may not be used to reduce the sentence imposed by the court, except as otherwise provided in this section.
Discharge credits earned pursuant to §§24-15A-50 and 24-15A-50.1 may be used to reduce an inmate's sentence by up to fifteen percent of the sentence imposed by the court that the inmate must serve before becoming eligible for release on parole. Discharge credits may not be used to alter the inmate's sentence expiration date.
Source: SL 2023, ch 80, §2.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-5 - Time of eligibility for parole.

24-15-5. Time of eligibility for parole.
An inmate is eligible for parole, subject to §24-15-4, after deducting from the inmate's sentence the statutory time granted for good conduct pursuant to §24-5-1:
(1)If convicted of a felony for the first time, when the inmate has served one-fourth of the time remaining;
(2)If convicted of a felony for the second time, when the inmate has served three-eighths of the time remaining; or
(3)If convicted of a felony three or more times, when the inmate has served one-half of the time remaining.
Source:
SDC 1939, §13.5301; SL 1939, ch 34; SL 1964, ch 33, §4; SDCL, §§23-60-6 to 23-60-9; SL 1975, ch 174, §1; SL 1978, ch 186, §20; SL 1988, ch 196, §2; SL 2004, ch 168, §56.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-6 - Effect of concurrent sentences on eligibility for parole.

24-15-6. Effect of concurrent sentences on eligibility for parole.
In the determination of an inmate's eligibility for parole, 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.
Source:
SDC 1939, §13.5301 as added by SL 1939, ch 34; SL 1964, ch 33, §4; SDCL, §23-60-10; SL 1978, ch 186, §22.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-7 - Effect of consecutive sentences on eligibility for consideration for parole.

24-15-7. Effect of consecutive sentences on eligibility for consideration for parole.
In the determination of an inmate's eligibility for consideration for parole, 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. In determining the eligibility date for a person receiving two or more sentences which are made to run consecutively, the sentences shall be added together and the total number of convictions shall then determine the total amount of time to be served before becoming eligible for consideration for parole subject to the provisions of §24-15-5.
Source:
SL 1978, ch 186, §23; SL 1983, ch 199, §2; SL 1986, ch 207.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-7.1 - Effect of consecutive sentence for offense committed as an inmate.

24-15-7.1. Effect of consecutive sentence for offense committed as an inmate.
Any person convicted of a felony while an inmate under the custody of the Department of Corrections and for which the sentence is made to run consecutively is not eligible for consideration for parole until serving the last of all such consecutive sentences. In such cases the parole consideration eligibility date shall be established subject to the provisions of subdivisions 24-15-5(2) and (3).
Source: SL 1984, ch 180, §4; SL 2023, ch 82, §83.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-8 - Right of eligible inmate to hearing before board--Decline of parole--Waiver of hearing--Criteria for parole.

24-15-8. Right of eligible inmate to hearing before board--Decline of parole--Waiver of hearing--Criteria for parole.
When an inmate becomes eligible for consideration for parole, the inmate is entitled to a hearing with the Board of Pardons and Paroles to present the inmate's application for parole. An inmate may decline parole consideration and waive the right to a hearing. The board may issue an order to the Department of Corrections that the inmate shall be paroled if it is satisfied that:
(1)The inmate has been confined in a state correctional facility for a sufficient length of time to accomplish the inmate's rehabilitation;
(2)The inmate will be paroled under the supervision and restrictions provided by law for parolees, without danger to society; and
(3)The inmate has secured suitable employment or beneficial occupation of the inmate's time likely to continue until the end of the period of the inmate's parole in some suitable place within or without the state where the inmate will be free from criminal influences.
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: SDC 1939, §§13.5301, 13.5302; SL 1939, ch 34; SDC Supp 1960, §13.5304; SL 1955, ch 31, §2; SL 1957, ch 36, §2; SL 1964, ch 33, §§4 to 6; SDCL §§23-60-11, 23-60-12, 23-60-14; SL 1978, ch 186, §24; SL 1985, ch 205, §4; SL 1986, ch 208; SL 1992, ch 177, §18; SL 2002, ch 124, §1; SL 2012, ch 137, §5; SL 2023, ch 82, §84.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-9 - Transfer of inmate to Human Services Center--Return to correctional facility.

24-15-9. Transfer of inmate to Human Services Center--Return to correctional facility.
The Board of Pardons and Paroles may order the Department of Corrections to transfer any inmate to the Human Services Center. The director of the human services center shall notify the Department of Corrections when the inmate is ready to be transferred back to the state correctional facility. Upon receipt of the notice, the Department of Corrections shall within five days bring the inmate back to the state correctional facility.
Source: SL 1967, ch 31; SDCL, §§23-60-28 to 23-60-30; SL 1978, ch 186, §15; SL 1992, ch 177, §20; SL 2023, ch 82, §85.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-10 - Waiting period for new application after denial of parole or clemency.

24-15-10. Waiting period for new application after denial of parole or clemency.
If an inmate's application for parole is denied, the inmate may not again present an application before the board for a period of eight months. A continuance of an application for parole is not a denial. An application for clemency may not be heard 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 1978, ch 186, §25; SL 1985, ch 205, §5; SL 2004, ch 168, §59.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-11 - Restrictions on parolee--Bond--Restitution--Child support--Supervision fees.

24-15-11. Restrictions on parolee--Bond--Restitution--Child support--Supervision fees.
The board may place reasonable restrictions upon a parolee which are designed to continue the parolee's rehabilitation. 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, upon granting parole, 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:
SDC 1939, §13.5307; SL 1955, ch 31, §5; SL 1957, ch 36, §3; SL 1964, ch 33, §8; SDCL §23-60-17; SL 1978, ch 186, §26; SL 1986, ch 196, §6; SL 1997, ch 149, §1; SL 2010, ch 133, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-11.1 - Substituting community service for supervision fees.

24-15-11.1. Substituting community service for supervision fees.
The Board of Pardons and Paroles and the Department of Corrections may allow inmates required to pay supervision fees pursuant to §24-15-11 or 24-15A-24 to substitute community service work hours for supervision fees.
Source:
SL 1997, ch 149, §3.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-11.2 - Revenue to general fund.

24-15-11.2. Revenue to general fund.
Any revenue collected pursuant to §§24-15-11 and 24-15A-24 as supervision fees shall be deposited in the state general fund.
Source:
SL 1997, ch 149, §4; SL 1998, ch 154, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-11.3 - Promulgation of rules establishing supervision fees.

24-15-11.3. Promulgation of rules establishing supervision fees.
The Department of Corrections may promulgate rules, pursuant to chapter 1-26, to establish supervision fee rates to be imposed pursuant to §§24-15-11 and 24-15A-24.
Source:
SL 1997, ch 149, §6.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-12 - Clothing and travel expense for parolee.

24-15-12. Clothing and travel expense for parolee.
When the Board of Pardons and Paroles grants a parole to an inmate, the Department of Corrections shall provide the parolee, if not already provided for, with necessary clothing not exceeding a cost of one hundred dollars, with necessary traveling expenses not exceeding fifty dollars, and with transportation to the county of commitment or an equivalent distance.
Source:
SDC 1939, §13.5309; SL 1964, ch 33, §9; SDCL, §23-60-24; SL 1978, ch 186, §27; SL 1992, ch 177, §21; SL 2004, ch 168, §60.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-13 - Legal custody of parolee--Conviction remains in effect.

24-15-13. Legal custody of parolee--Conviction remains in effect.
Each parolee shall at all times be considered confined, in the legal custody of the Department of Corrections, and shall remain under conviction for the crime for which the parolee was convicted and sentenced.
Source:
SDC 1939, §13.5306; SL 1964, ch 33, §7; SDCL, §23-60-21; SL 1978, ch 186, §28; SL 1992, ch 177, §22; SL 2004, ch 168, §61.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-14 - Supervision of parolees--Employment of personnel.

24-15-14. Supervision of parolees--Employment of personnel.
The Department of Corrections shall exercise supervision over all paroled prisoners. The secretary of corrections shall employ or appoint officers and employees, pursuant to chapter 3-6D, as may be necessary to accomplish the proper supervision of parolees, persons on parole under a suspended sentence, and inmates on work release or extended confinement pursuant to §§24-2-25 and 24-2-27.
Source:
SL 1961, ch 46, §8; SDCL §23-58-10; SL 1977, ch 198, §14; SL 1978, ch 186, §6; SL 1987, ch 13, §3; SL 1989, ch 20, §175; SL 2018, ch 12, §9; SL 2018, ch 151, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-15 - Out-of-state employment of parolee--Supervision by other state--State laws remaining applicable.

24-15-15. Out-of-state employment of parolee--Supervision by other state--State laws remaining applicable.
The Board of Pardons and Paroles may, in the board's discretion, 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. The parolee is subject to all 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 this state.
Source:
SDC 1939, §13.5301; SL 1939, ch 34; SL 1964, ch 33, §4; SDCL, §23-60-13; SL 1978, ch 186, §29; SL 1987, ch 13, §4; SL 2004, ch 168, §62.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-16 - Interstate agreements for supervision and return of parolees unimpaired.

24-15-16. Interstate agreements for supervision and return of parolees unimpaired.
Nothing in this chapter affects the authority of the Governor to enter into compacts with other states, through their duly constituted authorities, for reciprocal supervision of persons placed on probation or released on parole and for the reciprocal return of such persons to the contracting states for violation of the terms of their parole or probation.
Source:
SL 1978, ch 186, §18; SL 2004, ch 168, §63.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-19 - Powers of Department of Corrections when purposes of parole not being served.

24-15-19. Powers of Department of Corrections when purposes of parole not being served.
If the purposes or objects of parole are not being served, the Department of Corrections and its parole agents may use any necessary means to establish discipline, arrest, or take custody and control of the parolee pending the issuance of a warrant of arrest by the executive director.
Source: SL 1978, ch 186, §32; SL 1987, ch 13, §5; SL 1989, ch 20, §176.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-20 - Order to show cause against parole revocation--Grounds.

24-15-20. Order to show cause against parole revocation--Grounds.
The executive director of the Board of Pardons and Paroles may issue an order to show cause why parole should not be revoked whenever the executive director or the board is satisfied that:
(1)A parolee is violating or has violated the regulations or restrictions placed upon the parolee by the board;
(2)A parolee has failed to report to his or her 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 1978, ch 186, §30; SL 1987, ch 13, §6; SL 2004, ch 168, §64.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-21 - Warrant to arrest parolee or inmate--Suspension of parole supervision time--Time credited.

24-15-21. Warrant to arrest parolee or inmate--Suspension of parole supervision time--Time credited.
If the chair of the Board of Pardons and Parole is satisfied that any provision of §24-15-20 or 24-15A-27 has been violated or an inmate under parole supervision in the community has escaped, the executive director of the Board of Pardons and Parole may issue a warrant approved by the chair or a designee of the Board of Pardons and Parole to the Department of Corrections, a law enforcement officer, or parole agent directing that the parolee or inmate named be arrested. Pursuant to the provisions of §24-15-23, the parolee may be returned to the state correctional facility. Upon the issuance of the warrant, the running of the parole supervision time shall be suspended until the board has entered a final order on the revocation. The board shall credit the inmate with time spent in custody as a direct result of the parole violation.
Source: SDC 1939, §§13.5306, 13.5307; SL 1955, ch 31, §§4, 5; SL 1964, ch 33, §§7, 8; SDCL §§23-60-22, 23-60-23; SL 1978, ch 186, §31; SL 1986, ch 209; SL 1987, ch 13, §7; SL 1992, ch 177, §25; SL 2018, ch 151, §2; SL 2023, ch 82, §86.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-22 - Records and report to board on return of parolee to correctional facility.

24-15-22. Records and report to board on return of parolee to correctional facility.
Immediately upon the return of a parolee to the state correctional facility, the supervising agent shall immediately furnish to the Board of Pardons and Paroles the permanent records and a report containing all the facts connected with the return of the parolee.
Source: SDC 1939, §13.5306; SL 1955, ch 31, §4; SL 1964, ch 33, §7; SDCL, §23-60-23; SL 1978, ch 186, §33; SL 1987, ch 13, §8; SL 2023, ch 82, §87.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15 - Paroles From State Correctional Facilities › Section 24-15-23 - Preliminary hearing on parole violation--Waiver of preliminary hearing--Detention for board hearing--Waiver of appearance at revocation hearing.

24-15-23. Preliminary hearing on parole violation--Waiver of preliminary hearing--Detention for board hearing--Waiver of appearance at revocation hearing.
Subject to the provisions of §§24-15-23.1 and 24-15-23.2, within ten working days of the arrest of the parolee, a preliminary hearing must be held. The preliminary hearing must be held before an independent hearing officer to determine if there is probable cause to believe that the parolee has violated the terms and conditions of the parolee's parole status. The parolee has the right to waive this preliminary hearing at any time after the order for arrest has been issued by the executive director of the Board of Pardons and Paroles. If probable cause is found to exist, the parolee is to be returned to the state correctional facility, there to be held, for a hearing to be held before the Board of Pardons and Paroles to determine whether the parole should be revoked. If the parolee wishes to admit to an alleged violation of conditions of parole, the parolee may waive an appearance at the revocation hearing with the board.
Source: SL 1978, ch 186, §31; SL 2002, ch 124, §2; SL 2004, ch 170, §1; SL 2012, ch 137, §6; SL 2023, ch 82, §88.