except victims of human trafficking or domestic abuse from certain clemency notice requirements.

Clemency privacy protections for crime victims

South Dakota exempts qualifying clemency applicants who survived human trafficking or domestic abuse from standard clemency notice requirements. This includes similar crimes committed in another state that qualify as trafficking or domestic abuse under South Dakota law. Applicants must give the Board of Pardons and Paroles a sworn statement confirming their victim status. They must also state that publishing their personal information in any newspaper would put their safety at risk. Two professionals must provide sworn statements based on their work with the applicant. Each must believe the applicant is a victim and honestly believes their safety is at risk. These professionals can share a profession but must come from different agencies. Eligible professionals include law enforcement officers, prosecutors, parole agents, qualified mental health professionals, licensed health care providers, and addiction counseling or prevention practitioners. Social workers, crisis counselors, and other advocates acting for agencies that help trafficking or domestic abuse victims also qualify. The exemption leaves all victims’ existing notification rights intact.