2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-32 - Department's establishment of initial parole date--Calculation of parole date--Certain crimes deemed violent for purposes of parole--Minimum time to be served--Parole eligibility.

24-15A-32. Department's establishment of initial parole date--Calculation of parole date--Certain crimes deemed violent for purposes of parole--Minimum time to be served--Parole eligibility.
For a crime committed before July 1, 2023, each inmate sentenced to a state incarceration term, except those under a sentence of life or death, or determined to be ineligible for parole as authorized in §24-15A-32.1, must have an initial parole date set by the department. This date must be calculated by applying the percentage indicated in the following grid to the full term, minus any suspended time. The following crimes or an attempt to commit, a conspiracy to commit, or a solicitation to commit any of the following crimes shall be considered a violent crime for purposes of setting an initial parole date: murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first degree, burglary in the second degree if committed before July 1, 2006, arson, kidnapping, felony sexual contact as defined in §22-22-7, child abuse, felony sexual contact as defined in §22-22-7.2, felony stalking as defined in §§22-19A-2 and 22-19A-3, photographing a child in an obscene act, felony assault as defined in §§22-18-26 and 22-18-29, felony simple assault as defined in §22-18-1, aggravated criminal battery of an unborn child as defined in §22-18-1.3, aggravated battery of an infant as defined in §22-18-1.4, assault with intent to cause serious permanent disfigurement as defined in §22-18-1.5, commission of a felony while armed as defined in §22-14-12, discharging a firearm at an occupied structure or motor vehicle as defined in §22-14-20, discharging a firearm from a moving vehicle as defined in §22-14-21, criminal pedophilia, threatening to commit a sexual offense as defined in §22-22-45, abuse or neglect of a disabled adult as defined in §22-46-2, and aggravated incest as defined in §§22-22A-3 and 22-22A-3.1:
Felony Convictions
Felony Class
First
Second
Third
Nonviolent
Class 6
.25
.30
.40
Class 5
.25
.35
.40
Class 4
.25
.35
.40
Class 3
.30
.40
.50
Class 2
.30
.40
.50
Class 1
.35
.40
.50
Class C
.35
.40
.50
Violent
Class 6
.35
.45
.55
Class 5
.40
.50
.60
Class 4
.40
.50
.65
Class 3
.50
.60
.70
Class 2
.50
.65
.75
Class 1
.50
.65
.75
Class C
.50
.65
.75
Class B
1.0
1.0
1.0
Class A
1.0
1.0
1.0
The application of the violent or nonviolent column of the grid is based on whether the inmate's current sentence is for a violent or nonviolent crime. The department shall consider any prior felony regardless of whether the crime is violent or nonviolent when determining which percentage to apply to the inmate's parole date calculation. Each inmate shall serve at least sixty days prior to parole release. An inmate with a life sentence is not eligible for parole except as provided in §§24-15A-55 to 24-15A-68, inclusive. An initial parole date through the application of this grid may be applied to a life sentence only after the sentence is commuted to a term of years. A Class A or B felony commuted to a number of years shall be applied to the Class C violent column of the grid. An inmate convicted of a Class A or B felony who was a juvenile at the time of the offense and receives a sentence of less than life shall be applied to the Class C violent column of the grid.
For a crime committed on or after July 1, 2023, each inmate sentenced to a penitentiary term, except those under a sentence of life or death, or determined to be ineligible for parole as authorized in §§24-15-4.1, 24-15-4.2, and 24-15A-32.1, must have an initial parole date set by the department. The date must be calculated by applying the percentage indicated in the following grid to the full term of the sentence, minus any suspended time. Any of the following crimes, or any attempt to commit, a conspiracy to commit, or a solicitation to commit any of the following crimes is considered a violent crime for the purpose of setting an initial parole date: felony stalking as defined in §§22-19A-2 and 22-19A-3, felony assault as defined in §§22-18-26 and 22-18-29, felony simple assault as defined in §22-18-1, discharging a firearm at an occupied structure or motor vehicle as defined in §22-14-20, discharging a firearm from a moving vehicle as defined in §22-14-21, threatening to commit a sexual offense as defined in § 22-22-45, abuse or neglect of a disabled adult as defined in §22-46-2, and aggravated incest as defined in §§22-22A-3 and 22-22A-3.1:
Felony Convictions
Felony Class
First
Second
Third
Nonviolent
Class 6
.25
.30
.40
Class 5
.25
.35
.40
Class 4
.25
.35
.40
Class 3
.30
.40
.50
Class 2
.30
.40
.50
Class 1
.35
.40
.50
Class C
.35
.40
.50
Violent
Class 6
.35
.45
.55
Class 5
.40
.50
.60
Class 4
.40
.50
.65
Class 3
.50
.60
.70
Class 2
.50
.65
.75
Class 1
.50
.65
.75
Class C
.50
.65
.75
Class B
1.0
1.0
1.0
Class A
1.0
1.0
1.0
§ 24-15-4.1
1.0
1.0
1.0
§ 24-15-4.2
1.0–.85
1.0–.85
1.0–.85
The application of the violent or nonviolent column of the grid is based on whether the inmate's current sentence is for a violent or nonviolent crime. The department shall consider any prior felony regardless of whether the crime is violent or nonviolent when determining which percentage to apply to the inmate's parole date calculation. Each inmate shall serve at least sixty days prior to parole release. An inmate with a life sentence and an inmate who commits an offense as defined in §24-15-4.1 is not eligible for parole except as provided in §§24-15A-55 to 24-15A-68, inclusive. An inmate who commits an offense as defined in §24-15-4.2 is not eligible for parole except as provided in §§24-15-4.2 and 24-15A-55 to 24-15A-68, inclusive. The provisions set forth in §§24-15-4.1 and 24-15-4.2 apply to a life sentence that has been commuted to a term of years.
Source: SL 1996, ch 158, §31; SL 2001, ch 126, §1; SL 2004, ch 168, §71; SL 2006, ch 117, §2; SL 2006, ch 121, §14; SL 2007, ch 141, §2; SL 2007, ch 153, §2; SL 2012, ch 136, §1; SL 2013, ch 105, §3; SL 2013, ch 116, §2; SL 2018, ch 152, §1; SL 2018, ch 154, §12; SL 2019, ch 119, §1; SL 2023, ch 80, §3; SL 2023, ch 82, §93.