reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:03 - Revocation of parole › Section 17:60:03:13 - Loss of good time

Current through Register Vol. 51, page 10, July 15, 2024
A notice of good time which the board orders withheld because of supervision revocation shall be furnished to the inmate. The inmate may request the return of withheld good time when next appearing for parole. The board may consider the inmate's institutional record since the inmate's return to the institution and may return any or all of the good time previously withheld.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-15-24.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:01 - Applications accompanied by signed statement

Current through Register Vol. 51, page 10, July 15, 2024
All applications for executive clemency shall be accompanied by a written statement signed by the applicant setting forth what the applicant believes to be a reasonable and realistic recommendation the board might make to the Governor. This statement may include any plea the applicant may desire to make in support of the application. A personal appearance may be required by the board.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:02 - Background checks on all applications

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a completed application for executive clemency, the executive director shall review the applicant's criminal history obtained from the National Crime Information Center.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:03 - Service of notice of application on state's attorney

Current through Register Vol. 51, page 10, July 15, 2024
Notice of an application for executive clemency requiring action by the Board of Pardons and Paroles shall be given by the applicant to the state's attorney who prosecuted the applicant or to the successor in office before being filed with the executive director of the Board of Pardons and Paroles. The service of notice upon the state's attorney shall be made and its return certified in the manner provided for the services of summons in the circuit court. The certificate of service shall accompany every application filed with the board.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-3.
Warrant executed by arrest -- Advise defendant as to warrant -- Manner of service of summons, SDCL  23A-2-9.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:05 - Hearing - Postponement - Notice

Current through Register Vol. 51, page 10, July 15, 2024
If circumstances do not permit a hearing on the application on the date set, the board may postpone the hearing for any period of time not to exceed six months. Applicants shall be given notice by the board of any postponement.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:06 - Notice by board

Current through Register Vol. 51, page 10, July 15, 2024
After the application for executive clemency is filed with the executive director, the executive director shall notify the state's attorney who prosecuted the applicant or the successor in office, the judge who presided at the trial, the Attorney General, and the sheriff or local law enforcement agency in the county where the offense was committed. The notice shall contain the applicant's name, crime, sentence, and date of the hearing and shall be completed and sent at least thirty days prior to the hearing.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-3.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:07 - Applicant's prison record

Current through Register Vol. 51, page 10, July 15, 2024
The executive director shall obtain and file a copy of the applicant's available prison records with the application.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:09 - Record of hearing

Current through Register Vol. 51, page 10, July 15, 2024
If the board recommends clemency, the executive director shall record the findings. The record shall include the reasons for granting the application. The record and all papers filed with the application shall be furnished to the Governor with a copy of the board's recommendation.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-7,  24-14-10.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:10 - Denial of application final - Reconsideration prohibited

Current through Register Vol. 51, page 10, July 15, 2024
If an application for clemency is denied by the board, the proceeding is terminated. The board may not reconsider or rehear that particular application. The board may not consider a new application for clemency from that applicant for a period of one-year following the denial of an application.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:12 - Grounds for recommending executive clemency

Current through Register Vol. 51, page 10, July 15, 2024
The factors to be considered by the board in all hearings on applications for executive clemency may include the following:
(1) Substantial evidence indicates that the sentence is excessive or constitutes a miscarriage of justice;
(2) The applicant's innocence of the crime for which the applicant was convicted under South Dakota law has been proven by clear and convincing evidence;
(3) The applicant has shown remarkable rehabilitation;
(4) Substantial evidence indicates that the board should be in a position at the earliest possible time to deal with the applicant as a parolee under supervision;
(5) Review of the applicant's personal and family history; the applicant's attitude, character, capabilities, and habits; the nature and circumstances of the offense or offenses; and the effect the applicant's clemency will have on the victims of the crime and the community indicates that applicant has carried the stigma of the crime for a long enough period to justify its removal;
(6) The applicant wishes to pursue a professional career from which society can benefit, but a conviction prevents it; and
(7) The applicant's age and medical status is such that it is in the best interest of society that the applicant receive clemency.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1,  24-14-6.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:13 - Application for executive clemency by inmate

Current through Register Vol. 51, page 10, July 15, 2024
The board may deny, without any hearing, an application for executive clemency submitted by an inmate confined in a correctional facility or an applicant under parole supervision.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:14 - Request for application

Current through Register Vol. 51, page 10, July 15, 2024
The executive director shall submit executive clemency application materials to an applicant upon receipt of a written request.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:15 - Publication of notice of application

Current through Register Vol. 51, page 10, July 15, 2024
The publication required by SDCL  24-14-4 shall be made in the official newspaper of the city closest to where the offense was committed. The notice shall include the applicant's current name and any additional name used when convicted.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1,  24-14-4.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:16 - Applicant name change

Current through Register Vol. 51, page 10, July 15, 2024
An application for executive clemency shall be filed under the name the applicant used when convicted. Any name change shall be noted on the application by placing the currently used name in parenthesis following the name used when convicted. The applicant's name when convicted shall be used on all attachments to the application, including the affidavit of publication and the notice to the state's attorney.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:17 - Receipt of application

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a submitted application, the executive director shall review the application for completeness. The application is considered complete when all required fields are addressed and all notices of the application and supporting documents are received. An application considered incomplete shall be returned to the applicant, who may then provide the missing information and resubmit the application. Any supporting document received by the executive director, but not accompanying an application, shall be returned to sender.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:17.01 - Notification of receipt of application - Schedule appearance for hearing panel

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a completed application for executive clemency and a background check, the executive director shall notify the applicant of the scheduled date and time that the applicant shall appear in front of the hearing panel for initial review and consideration.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1,  24-15A-10.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:18 - Request for information

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a completed application for executive clemency, the executive director may request any pre-sentence investigation, any police report, and any other relevant information from the local law enforcement agency and clerk of courts in the county where the offense was committed.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:19 - Notifying victims

Current through Register Vol. 51, page 10, July 15, 2024
The executive director shall notify any victim of the applicant, who request notice, of any scheduled hearings for the applicant for executive clemency pursuant to SDCL  23A-28C-11. Any victim may appear and state an opinion regarding the application for clemency at the hearing panel. The victim may also submit a written opinion for consideration at the hearing.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:20 - Recommended by hearing panel to the board - Request of hearing panel involving special circumstance - Applicant notified

Current through Register Vol. 51, page 10, July 15, 2024
Any application for executive clemency recommended by the hearing panel to go before the full board for further consideration shall be scheduled for the following month's board meeting. Special circumstances may require the applicant to appear for consideration in front of the board in the same month as the hearing panel. These circumstances include timeliness of travel for the applicant and the medical status of the applicant. If the hearing panel recommends the application to the full board in the same month, the executive director shall check all timelines associated with the application to determine the eligibility to be heard by the full board. These timelines include the thirty-day notice to any necessary party, the notification of any victim, and the twenty days since the final publication of notice of application.
The executive director shall notify the applicant of the time and date of the hearing in front of the full board.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:21 - Notification of decision by hearing panel

Current through Register Vol. 51, page 10, July 15, 2024
The executive director shall notify the applicant in writing of the hearing panel's decision to recommend or deny the applicant's application before the board. This notification shall be submitted to the applicant within ten working days from when the decision is made. Any applicant recommended to appear before the board the following month shall be notified of the date and time of the hearing.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:22 - Notification to applicant of board decision

Current through Register Vol. 51, page 10, July 15, 2024
The board shall notify the applicant in writing of the decision to grant or deny a recommendation for executive clemency to the Governor. This notification shall be submitted to the applicant within ten working days from when the final decision is made.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:23 - Notice to applicant of executive decision

Current through Register Vol. 51, page 10, July 15, 2024
The executive director shall notify the applicant, in writing, of the Governor's decision to grant or deny executive clemency within ten days upon receipt of the Governor's decision.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:24 - Notification of granted pardon to authorities

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a granted pardon by the Governor, the executive director shall notify the Division of Criminal Investigation and clerk of courts in the county where the offense was committed of the pardon.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1,  24-14-11.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:25 - Suspended imposition of sentence

Current through Register Vol. 51, page 10, July 15, 2024
Any pardon application submitted for a crime receiving a suspended imposition of sentence shall not be considered eligible for a pardon. Upon receipt of an ineligible application, the executive director shall return the application to sender.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:05 - Executive clemency › Section 17:60:05:26 - Expedited application - Persons eligible

Current through Register Vol. 51, page 10, July 15, 2024
Any applicant who qualifies for an exceptional pardon may use an expedited process if the applicant's offense is a Class 2 misdemeanor or a petty offense that is at least five years old or a nonviolent Class 1 misdemeanor at least ten years old. A person who has a felony conviction or violent misdemeanor or is requesting restoration of firearms rights or has had a conviction within the proceeding five years, excluding traffic offenses, is not eligible for the expedited process. An expedited application may be presented directly to the full board without the necessity of a personal appearance or a hearing panel. Except for the foregoing, the provisions of the rest of this chapter apply to the expedited pardon process in accordance with the exceptional pardon process.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-14-8,  24-14-9.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:06 - General provisions under SDCL chapter 24-15A › Section 17:60:06:01 - Board meetings

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of §§
									17:60:01:01  to 17:60:01:04, inclusive, apply to parole hearings under SDCL chapter 24-15 A.
General Authority:
24-15A-42.
Law Implemented:
24-15A-12, 24-15A-42.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:07 - Parole date review under SDCL chapter 24-15A › Section 17:60:07:01 - Application for board review of established parole date

Current through Register Vol. 51, page 10, July 15, 2024
An inmate who is aggrieved by the parole date established by the Department of Corrections may apply to the board for a review by the board and a determination of the true parole date. The application shall be in writing and shall specify the inmate's factual and legal contentions concerning the application.
General Authority:
24-15A-42.
Law Implemented:
24-15A-33.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:07 - Parole date review under SDCL chapter 24-15A › Section 17:60:07:02 - Hearing on application

Current through Register Vol. 51, page 10, July 15, 2024
Before determining the inmate's true parole date, the board shall provide the inmate with an opportunity to present the inmate's factual and legal arguments at a hearing. Notice of the hearing before the board shall be given to the inmate at least ten days before the hearing.
General Authority:
24-15A-42.
Law Implemented:
24-15A-33.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:07 - Parole date review under SDCL chapter 24-15A › Section 17:60:07:03 - Continuances

Current through Register Vol. 51, page 10, July 15, 2024
The board may continue a scheduled hearing for a period of time up to six months and shall give notice of the continuance to the inmate.
General Authority:
24-15A-42.
Law Implemented:
24-15A-33.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:07 - Parole date review under SDCL chapter 24-15A › Section 17:60:07:04 - Evidence at hearing

Current through Register Vol. 51, page 10, July 15, 2024
The board may consider at the hearing any evidence, affidavit, testimony, letter, or other material not ordinarily admissible in a criminal or civil proceeding.
General Authority:
24-15A-42.
Law Implemented:
24-15A-33.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:07 - Parole date review under SDCL chapter 24-15A › Section 17:60:07:05 - Order setting parole date

Current through Register Vol. 51, page 10, July 15, 2024
The board's decision on the determination of parole date shall be in writing and shall state the findings of fact and conclusions of law which support the order.
General Authority:
24-15A-42.
Law Implemented:
24-15A-33.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:08 - Noncompliance with individual program directives under SDCL chapter 24-15A › Section 17:60:08:01 - Hearing on noncompliance or insufficient information

Current through Register Vol. 51, page 10, July 15, 2024
An inmate, who has been reported by the warden to be out of compliance with the inmate's individual program directive or who the warden reports that there is insufficient information to determine the inmate's compliance or noncompliance, shall be scheduled for a hearing. This hearing shall be commenced within 60 days after the board's receipt of the warden's report of noncompliance or insufficient information.
General Authority:
24-15A-42.
Law Implemented:
24-15A-10, 24-15A-35, 24-15A-39.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:08 - Noncompliance with individual program directives under SDCL chapter 24-15A › Section 17:60:08:02 - Notice of hearing

Current through Register Vol. 51, page 10, July 15, 2024
The board shall notify the inmate, legal counsel, if any, and the warden in writing of the following:
(1) The date, time, and place of the hearing and the legal authority under which it is being held;
(2) The reasons asserted for noncompliance with the individual program directive or the reason for undetermined compliance;
(3) The right to a hearing, to have witnesses appear on the inmate's behalf, and to be represented by any retained counsel, and that these and other due process rights are forfeited if they are not exercised at the hearing;
(4) The right to cross-examine any witness appearing against the inmate unless the board finds cause for limiting or denying this right;
(5) The right to offer testimony that includes any letter, affidavit, or other written material not normally admissible in a criminal or civil proceeding; and
(6) The right to appeal the board's decision to the circuit court and the Supreme Court of South Dakota as provided by SDCL chapter 1-26.
General Authority:
24-15A-42.
Law Implemented:
24-15A-39.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:08 - Noncompliance with individual program directives under SDCL chapter 24-15A › Section 17:60:08:03 - Continuances

Current through Register Vol. 51, page 10, July 15, 2024
The board may order a continuance of a hearing on the request of the inmate, the state, or counsel for either party, or on the board's own motion if it appears to be in the best interest of justice or for good cause.
General Authority:
24-15A-42.
Law Implemented:
24-15A-39.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:08 - Noncompliance with individual program directives under SDCL chapter 24-15A › Section 17:60:08:04 - Evidence at hearing

Current through Register Vol. 51, page 10, July 15, 2024
The board may consider at the hearing testimony, affidavits, letters, or other material not ordinarily admissible in a criminal or civil proceeding.
General Authority:
24-15A-42.
Law Implemented:
24-15A-39.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:08 - Noncompliance with individual program directives under SDCL chapter 24-15A › Section 17:60:08:05 - Standard of proof

Current through Register Vol. 51, page 10, July 15, 2024
If the board is reasonably satisfied that the conditions of the individual program directive have been violated by the inmate, the board may find noncompliance. The board shall give full consideration to any mitigating circumstances offered by the inmate.
General Authority:
24-15A-42.
Law Implemented:
24-15A-39.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:08 - Noncompliance with individual program directives under SDCL chapter 24-15A › Section 17:60:08:06 - Insufficient information

Current through Register Vol. 51, page 10, July 15, 2024
If an inmate does not have an individual program directive or the inmate's compliance status with the inmate's individual program directive is not available and the warden has reported a finding of undetermined compliance to the board, the board shall use the following standards to make a determination of compliance or noncompliance:
(1) The inmate's compliance with work, school, and program directives;
(2) The inmate's compliance with the rules and policies of the department and the institution where the inmate was housed;
(3) Conduct by the inmate evincing an intent to reoffend; and
(4) Mitigating factors impacting noncompliance.
If the board is reasonably satisfied that the inmate has violated these conditions, the board may find noncompliance.
General Authority:
SDCL  24-15A-42.
Law Implemented:
SDCL  24-15A-39,  24-15A-42.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:09 - Procedures for parole under SDCL chapter 24-15A › Section 17:60:09:01 - Purpose of discretionary parole hearing

Current through Register Vol. 51, page 10, July 15, 2024
A discretionary parole hearing with the board shall provide to each inmate an opportunity to present to the board a statement of the inmate's needs, desires, problems, evaluation of present progress, and plans for possible future parole.
General Authority:
24-15A-42.
Law Implemented:
24-15A-17, 24-15A-29, 24-15A-39, 24-15A-41.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:09 - Procedures for parole under SDCL chapter 24-15A › Section 17:60:09:02 - Time for hearing

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided in SDCL  24-15A-29, each inmate who is eligible for discretionary parole following revocation of parole or following initial denial shall be afforded a hearing during the month designated by the board for the inmate's discretionary parole hearing.
General Authority:
24-15A-42.
Law Implemented:
24-15A-10, 24-15A-29, 24-15A-39, 24-15A-41.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:09 - Procedures for parole under SDCL chapter 24-15A › Section 17:60:09:03 - Continuance of hearing

Current through Register Vol. 51, page 10, July 15, 2024
For cause the board may continue a hearing for discretionary parole. The inmate shall be advised of any continuance.
General Authority:
24-15A-42.
Law Implemented:
24-15A-29, 24-15A-39, 24-15A-41.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:09 - Procedures for parole under SDCL chapter 24-15A › Section 17:60:09:04 - Effect of detainers

Current through Register Vol. 51, page 10, July 15, 2024
Except as follows, the board may not take final action on a discretionary parole until each felony detainer has been disposed of by the inmate:
(1) The board may take tentative action which becomes final when each felony detainer has been removed; and
(2) The board may grant parole to any jurisdiction which has lodged a detainer for the purpose of effecting dual supervision of the inmate but only if agreed to by the inmate.
General Authority:
24-15A-42.
Law Implemented:
24-15A-17, 24-15A-29, 24-15A-39, 24-15A-41.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:09 - Procedures for parole under SDCL chapter 24-15A › Section 17:60:09:05 - Notice of action

Current through Register Vol. 51, page 10, July 15, 2024
If a discretionary parole is granted, denied, or continued, the board shall give written notice to the inmate and the warden within ten days after adjournment of the meeting at which the action was taken.
General Authority:
24-15A-42.
Law Implemented:
24-15A-17, 24-15A-29, 24-15A-39, 24-15A-41.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:09 - Procedures for parole under SDCL chapter 24-15A › Section 17:60:09:06 - Supervision agreement

Current through Register Vol. 51, page 10, July 15, 2024
Before being released on parole or suspended sentence, the inmate shall execute a supervision agreement setting forth each general and special limitation, restriction, and condition that is imposed by the board, the executive director, a parole supervisor, or a parole agent. Any violation of institution rules after being paroled but before actual release may be considered a violation of parole.
General Authority:
24-15A-42.
Law Implemented:
24-15A-17, 24-15A-29, 24-15A-37, 24-15A-39, 24-15A-41.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:09 - Procedures for parole under SDCL chapter 24-15A › Section 17:60:09:07 - Hearings - Representation

Current through Register Vol. 51, page 10, July 15, 2024
Any verbal argument or petition before the board favoring or opposing parole or an application for executive clemency by a person not officially connected with the Department of Corrections shall be considered. Any written statement that may have a bearing on the case shall be accepted.
General Authority:
SDCL  24-15A-42.
Law Implemented:
SDCL  24-15A-41.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:10 - Review of parole supervision or release plans under SDCL chapter 24-15A › Section 17:60:10:01 - Written objections to conditions imposed

Current through Register Vol. 51, page 10, July 15, 2024
Any inmate who objects to the conditions, special limitations, or rules of supervision or required modifications of a release plan, and who seeks review of the objections before the board, shall make the objections in writing stating fully the inmate's factual and legal contentions. The inmate's objections must be filed with the board within 30 days after the provisions of the supervision or release plan being objected to has been required of the inmate.
General Authority:
24-15A-42.
Law Implemented:
24-15A-36, 24-15A-40.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:10 - Review of parole supervision or release plans under SDCL chapter 24-15A › Section 17:60:10:02 - Consideration by board

Current through Register Vol. 51, page 10, July 15, 2024
The board may consider the objections of the inmate, the inmate's record, release plan, or release conditions, and may also consider any information provided by the executive director of the Board of Pardons and Paroles, the Department of Corrections, or a warden of a state penitentiary.
General Authority:
24-15A-42.
Law Implemented:
24-15A-36, 24-15A-40.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:10 - Review of parole supervision or release plans under SDCL chapter 24-15A › Section 17:60:10:03 - Notice of decision

Current through Register Vol. 51, page 10, July 15, 2024
The inmate shall be provided a written notification of the decision of the board after the board has had an opportunity to review the material and render a decision.
General Authority:
24-15A-42.
Law Implemented:
24-15A-36, 24-15A-40.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:11 - Revocation of parole under SDCL chapter 24-15A › Section 17:60:11:01 - Issuance of arrest warrant

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a report by a parole agent or other supervising authority that reasonable grounds exist to believe that a parolee has violated a condition, special limitation, or rule of supervision, the executive director shall issue or refuse to issue a warrant of arrest.
General Authority:
24-15A-42.
Law Implemented:
24-15-21, 24-15A-28.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:11 - Revocation of parole under SDCL chapter 24-15A › Section 17:60:11:02 - Arrest warrant as detainer

Current through Register Vol. 51, page 10, July 15, 2024
If the parolee is in custody on another charge, the arrest warrant may be lodged as a detainer at the institution where the parolee is being held if the executive director of the board determines that it is in the best interest of society and the inmate.
General Authority:
24-15A-42.
Law Implemented:
24-15A-28.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:11 - Revocation of parole under SDCL chapter 24-15A › Section 17:60:11:03 - Preliminary hearing

Current through Register Vol. 51, page 10, July 15, 2024
A preliminary hearing is not required if the parolee is not under arrest on a board warrant, has signed a waiver of preliminary hearing, has left the State of South Dakota or other approved jurisdiction without authorization and was apprehended outside of that jurisdiction, or has been convicted of a felony or misdemeanor in a South Dakota court, a court of another state, or a federal court. If a preliminary hearing under SDCL  24-15-23 is required and a parolee fails to either receive or waive a preliminary hearing prior to the parolee's return to a South Dakota Department of Corrections facility, the parolee shall receive a preliminary hearing within ten working days of the parolee's return to a South Dakota Department of Corrections facility.
After the preliminary hearing, the hearing officer shall submit to the board a written report of findings and a recommended decision resulting from the findings. The report shall be submitted to the board within ten days after the preliminary hearing.
General Authority:
24-15A-42.
Law Implemented:
24-15A-28.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:11 - Revocation of parole under SDCL chapter 24-15A › Section 17:60:11:04 - Notice of final hearing

Current through Register Vol. 51, page 10, July 15, 2024
The board shall notify the parolee and counsel, if any, in writing of the following:
(1) The date, time, and place of the final hearing;
(2) The charges against the parolee, specifying each condition, special limitation, or rule of supervision violated and setting forth the circumstances of the alleged violation;
(3) That the parolee has a right to a hearing, to have witnesses appear on the parolee's behalf, and to present evidence on the parolee's behalf;
(4) That the parolee has a right to be represented by counsel at the hearing; and
(5) That the parolee or counsel has a right to cross-examine witnesses appearing against the parolee unless the board finds good cause for denying this right. "Good cause" includes s situation in which a witness before the board would have legitimate concerns about the witness's safety and well-being if the witness's identity would become known to the parolee.
General Authority:
24-15A-42.
Law Implemented:
24-15A-28.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:11 - Revocation of parole under SDCL chapter 24-15A › Section 17:60:11:05 - Right to counsel

Current through Register Vol. 51, page 10, July 15, 2024
If the inmate appears without legal counsel at the hearing, the board shall determine that the inmate understands the right to counsel. If the board is satisfied that the inmate understands the right to counsel and waives the right knowingly, freely, and intelligently, the board may accept the waiver of counsel and proceed. If the inmate raises any substantial reason which justifies or mitigates the inmate's action or if the reason is complex and otherwise difficult to develop or present, and if the inmate is financially unable to obtain counsel and requests counsel, the board shall notify the sentencing court, request the appointment of counsel, and continue the hearing until a later date.
General Authority:
24-15A-42.
Law Implemented:
24-15A-28.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:11 - Revocation of parole under SDCL chapter 24-15A › Section 17:60:11:06 - Hearing to determine violation and mitigation

Current through Register Vol. 51, page 10, July 15, 2024
The final hearing shall include a determination of any contested facts. The parolee may introduce evidence to establish that the conditions and rules of supervision have not been violated or, if a violation has occurred, that mitigating circumstances do not warrant revocation.
General Authority:
24-15A-42.
Law Implemented:
24-15A-28.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:11 - Revocation of parole under SDCL chapter 24-15A › Section 17:60:11:07 - Final hearing

Current through Register Vol. 51, page 10, July 15, 2024
A parolee charged with violating a condition, special limitation, or rule of supervision shall be afforded a final hearing within 90 days following the return of the parolee to a South Dakota Department of Corrections facility. The final hearing shall determine if the parolee has violated a condition, special limitation, or rule of supervision and if the violation warrants supervision revocation or some other less restrictive disciplinary action, including continuance of supervision with new restriction. If the parolee admits the violation, the parolee may waive an appearance at the revocation hearing with the board.
General Authority:
24-13-7, 24-15A-42.
Law Implemented:
24-15-23, 24-15-30, 24-15A-28.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:11 - Revocation of parole under SDCL chapter 24-15A › Section 17:60:11:08 - Evidence

Current through Register Vol. 51, page 10, July 15, 2024
Evidence at the final hearing may include testimony, affidavits, letters, or other material not ordinarily admissible in a criminal or civil proceeding.
General Authority:
24-15A-42.
Law Implemented:
24-15A-28.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:11 - Revocation of parole under SDCL chapter 24-15A › Section 17:60:11:09 - Standard of proof

Current through Register Vol. 51, page 10, July 15, 2024
If the board is reasonably satisfied that the conditions, special limitations, or rules of supervision have been violated, the board may revoke supervision. The board shall give full consideration to any mitigating circumstances presented by the parolee.
General Authority:
24-15A-42.
Law Implemented:
24-15A-28.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:11 - Revocation of parole under SDCL chapter 24-15A › Section 17:60:11:10 - Continuance

Current through Register Vol. 51, page 10, July 15, 2024
The board may order a continuance of a hearing on the request of the inmate or counsel, or on the board's own motion, if it appears to be in the best interest of justice of for good cause.
General Authority:
24-15A-42.
Law Implemented:
24-15A-28.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:11 - Revocation of parole under SDCL chapter 24-15A › Section 17:60:11:11 - Revocation order in writing

Current through Register Vol. 51, page 10, July 15, 2024
If the board orders a revocation, the decision shall be in writing and shall specifically state the findings of fact and conclusions of law which support the order.
General Authority:
24-15A-42.
Law Implemented:
24-15A-28.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:11 - Revocation of parole under SDCL chapter 24-15A › Section 17:60:11:12 - Decision - Transmittal to parolee

Current through Register Vol. 51, page 10, July 15, 2024
The board shall transmit the board's decision to the parolee and any counsel after the final hearing.
General Authority:
24-15A-42.
Law Implemented:
24-15A-28.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:11 - Revocation of parole under SDCL chapter 24-15A › Section 17:60:11:13 - Loss of credit for time on supervision

Current through Register Vol. 51, page 10, July 15, 2024
If the board determines that denial of credit for time served on supervision should be ordered, the board shall provide notice to the inmate and any counsel involved of this decision along with the board's order concerning revocation of supervision. An inmate may request the reinstatement of credit for this time when subsequently applying for parole. The board may consider the inmate's institutional record since return to the institution and may give or deny reinstatement of credit at the board's discretion.
General Authority:
24-15A-42.
Law Implemented:
24-15A-28.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:12 - Executive clemency under SDCL chapter 24-15A › Section 17:60:12:01 - Requirements

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of §
									17:60:01:06  and chapter 17:60:05 apply to any person applying for executive clemency for a crime committed after July 1, 1996.
General Authority:
24-15A-42.
Law Implemented:
24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:13 - Indeterminate sentencing under SDCL chapter 24-15A, Repealed › Section 17:60:13:01 - Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
24-15A-42.
Law Implemented:
23A-27-37.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:61 - Parole services › Chapter 17:61:01 - General provisions › Section 17:61:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words used in this article mean:
(1) "Agent," any person employed by parole services to supervise persons under supervision;
(2) "Agreement," the form that contains the conditions of supervision agreed upon, signed by the person under supervision;
(3) "Arrest warrant," a document issued by the executive director for the arrest of a person under supervision;
(4) "Detainer," a document issued by parole services for the arrest and detention of a person under supervision;
(5) "Executive director of parole services," the person employed by the department to administer parole services;
(6) "Dual supervision," supervision by more than one agency of government of a person under supervision;
(7) "Person under supervision," any person requiring supervision who falls under the following categories:
(a) "Interstate or out-of-state," any person whose case is accepted for courtesy supervision in South Dakota pursuant to the rules in this chapter;
(b) "Parole," any inmate released from a department facility by action of the Board of Pardons and Paroles or under the provisions of SDCL  24-15A-38; and
(c) "Suspended sentence," any person whose sentence is suspended by the court and who is under the supervision of parole services;
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:61 - Parole services › Chapter 17:61:01 - General provisions › Section 17:61:01:02 - Scope

Current through Register Vol. 51, page 10, July 15, 2024
The rules in this chapter apply to parole services and persons under supervision.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  23A-27-19,  24-15-14, 24-16-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:61 - Parole services › Chapter 17:61:01 - General provisions › Section 17:61:01:04 - Administrative reports

Current through Register Vol. 51, page 10, July 15, 2024
Reports pertaining to administrative functions, budgetary, fiscal matters, and statistics must be maintained in the office of the executive director of parole services.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-6.1,  24-15-14.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:61 - Parole services › Chapter 17:61:01 - General provisions › Section 17:61:01:05 - Persons under supervision records

Current through Register Vol. 51, page 10, July 15, 2024
All persons under supervision records must be maintained in designated field offices.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  24-15-14,  24-15-22.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:61 - Parole services › Chapter 17:61:01 - General provisions › Section 17:61:01:06 - Information

Current through Register Vol. 51, page 10, July 15, 2024
Persons under supervision shall provide complete information as required by parole services. False statements given by a person under supervision shall result in disciplinary action.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  24-15-14,  24-15-20(3),  24-15A-27.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:61 - Parole services › Chapter 17:61:01 - General provisions › Section 17:61:01:08 - Interstate compact supervision

Current through Register Vol. 51, page 10, July 15, 2024
The rules in this article apply to persons under interstate compact supervision.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  24-15-14,  24-15-15,  24-15A-26, 24-16-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:61 - Parole services › Chapter 17:61:01 - General provisions › Section 17:61:01:09 - Violation of rules

Current through Register Vol. 51, page 10, July 15, 2024
Violation of this article shall result in one or more of the following actions:
(1) Disciplinary action;
(2) Return to a department institution; or
(3) Criminal prosecution.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  24-15-19.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:61 - Parole services › Chapter 17:61:01 - General provisions › Section 17:61:01:10 - Responsibility for and documentation of payments

Current through Register Vol. 51, page 10, July 15, 2024
All persons under supervision of parole services, either paroled in state, released on suspended sentence, or accepted through the interstate compact, are responsible, if ordered by a court or paroling authority that has jurisdiction, for paying court costs, restitution, fines, support obligations, and supervision fees and shall provide documentation of payment to the supervising agent.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  24-15-11,  24-15-19,  24-15A-24, 24-16-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:61 - Parole services › Chapter 17:61:01 - General provisions › Section 17:61:01:11 - Detainer

Current through Register Vol. 51, page 10, July 15, 2024
A parole agent, includes any tribal parole officer hired pursuant to the tribal parole project, shall issue and execute a detainer to prevent escape and enforce discipline on any parolee.
General Authority:
SDCL  1-15-20,  1-54-8.
Law Implemented:
SDCL  24-15-19,  1-54-8.