South Dakota Administrative Code

Rule 17:50:10:04 Incoming mail from court, attorney, governmental officials and agencies, or department. 17:50:10:04.Incoming mail from court, attorney, governmental officials and agencies, or department. Incoming mail from the court, an attorney, the secretary of the South Dakot…

Rule 17:50:10:05 Other incoming mail. 17:50:10:05.Other incoming mail. Any incoming mail other than mail received pursuant to §17:50:10:04 may be opened for inspection and read for security purposes. Source: SL 1975, ch 16, § 1; transferred from §67:50:08:29, July 1, 1977; 5 SDR …

Rule 17:50:10:06 Repealed. 17:50:10:06.Packages.Repealed. Source: SL 1975, ch 16, § 1; transferred from §67:50:08:35, July 1, 1977; 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 24 SDR 44, effective October 14, 1997.

Rule 17:50:10:07 Censorship. 17:50:10:07. Censorship. Department officials may not delete portions of an item of correspondence. Correspondence constituting a threat to the security or disciplined operation of the institution or which is in violation of department policies or dep…

Rule 17:50:13:01 Weekends and holidays. 17:50:13:01. Weekends and holidays. Inmates scheduled for release on a weekend are released on the preceding Friday. Inmates scheduled for release on a holiday are released on the preceding day. If a holiday falls on a Monday, the inmate is…

Rule 17:50:13:02 Computation of release date for sentence of probation. 17:50:13:02. Computation of release date for sentence of probation. A sentence requiring a specific term in the penitentiary as a condition of probation is computed based on the number of nights spent in the …

Rule 17:50:13:03 Commencement of sentence of probation. 17:50:13:03. Commencement of sentence of probation. A sentence of probation requiring a specific term in the penitentiary as a condition of probation commences on the first day of incarceration in the department facility unl…

Rule 17:50:13:04 No credit on sentence for time spent on escape. 17:50:13:04. No credit on sentence for time spent on escape. No inmate who escapes from the custody of the department may receive credit on the inmate's sentence for time spent while on escape, from the date of esca…

Rule 17:50:13:05 Refusal to waive extradition. 17:50:13:05. Refusal to waive extradition. An inmate on escape status who is apprehended outside the jurisdiction of the state of South Dakota shall receive credit from the time taken into custody, unless the inmate refuses to waive …

Rule 17:50:13:06 Sentence commence date. 17:50:13:06 Sentence commence date. The date on which an inmate is sentenced is the sentence commence date unless the judgment of conviction specifies a different commence date or the convicted person has been released from custody pending…

Rule 17:50:13:07 Application of jail time credit to period of incarceration. 17:50:13:07. Application of jail time credit to period of incarceration. Court-ordered jail time credit is applied to the period of incarceration before any applicable reduction for good time and before …

Rule 17:50:13:08 Minimum initial parole date of 60 days. 17:50:13:08. Minimal initial parole date of 60 days. If a sentence for a crime committed on or after July 1, 1996, including the application of any jail time credit, would result in an initial parole date of less than 60 da…

Rule 17:50:13:09 Jail time credit on consecutive sentences. 17:50:13:09. Jail time credit on consecutive sentences. Jail time credit ordered on two or more consecutive sentences that are determined to be duplicates shall be applied only once and may be applied to only the first s…

Rule 17:50:13:10 Repealed. 17:50:13:10. Parole eligibility as used in SDCL 24-15A-19 defined. Repealed. Source: 24 SDR 44, effective October 14, 1997; repealed, 34 SDR 180, effective December 26, 2007.

Rule 17:50:13:11 Initial parole date and sentence discharge date for multiple concurrent counts. 17:50:13:11. Initial parole date and sentence discharge date for multiple concurrent counts. For purposes of calculating initial parole and sentence discharge dates for multiple count…

Rule 17:60:01:00 Definitions. 17:60:01:00. Definitions. Words used in this article mean: (1) "Parole," discretionary action by the Board of Pardons and Paroles as defined by SDCL 24-15-1.1; (2) "Board," the Board of Pardons and Paroles as established by SDCL 24-13-1; (3) "Executi…

Rule 17:60:01:01 Repealed. 17:60:01:01. Regular meetings of the board.Repealed. Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986; repealed, 30 SDR 198, effective June 23, 2004.

Rule 17:60:01:02 Meetings of the board to consider clemency. 17:60:01:02. Meetings of the board to consider clemency. Applications for executive clemency shall be considered at any meeting of the board. Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20…

Rule 17:60:01:03 Repealed. 17:60:01:03. Changing date of regular meetings -- Notice required.Repealed. Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986; repealed, 30 SDR 198, effective June 23, 2004.

Rule 17:60:01:04 Location and schedule of meetings. 17:60:01:04. Location and schedule of meetings. The regular meetings of the board shall be at South Dakota Department of Corrections facilities. Prior to the first day of each calendar year, the board shall publish a schedule of…

Rule 17:60:01:05 Repealed. 17:60:01:05. Voting.Repealed. Source: 4 SDR 54, effective February 23, 1978; repealed, 12 SDR 162, effective April 20, 1986.

Rule 17:60:01:06 Hearings -- Representation. 17:60:01:06. Hearings -- Representation. Any verbal argument or petition before the board favoring or opposing an application for parole or an application for executive clemency by a person not officially connected with the Department …

Rule 17:60:02:01 Purpose of parole hearing. 17:60:02:01. Purpose of parole hearing. A parole hearing with the board shall provide to each inmate whose application is considered an opportunity to present to the board a statement of the inmate's needs, desires, problems, evaluation…

Rule 17:60:02:02 Time for hearing. 17:60:02:02. Time for hearing. Each inmate applying for parole shall be offered a hearing during the regular meeting of the board in the month immediately preceding the date the inmate is eligible for parole or, at the discretion of the board, i…

Rule 17:60:02:03 Continuance of hearing. 17:60:02:03. Continuance of hearing. The board may continue the hearing on an application for parole for a period of time not to exceed seven months and may make recommendations to the inmate on rehabilitation needs. The inmate shall be ad…

Rule 17:60:02:04 Repealed. 17:60:02:04. Reapplication after denial.Repealed. Source: 4 SDR 54, effective February 23, 1978; repealed, 12 SDR 162, effective April 20, 1986.

Rule 17:60:02:05 Reapplication after revocation. 17:60:02:05. Reapplication after revocation. An inmate whose parole has been revoked may reapply for parole eight months after the date of revocation. If the revocation is at the parolee's own request, this provision does not apply…

Rule 17:60:02:06 Effect of detainers. 17:60:02:06. Effect of detainers. The board may not take final action on an application for parole until all felony detainers have been disposed of by the inmate except as follows: (1) The board may take tentative action which would become fi…

Rule 17:60:02:07 Repealed. 17:60:02:07. Factors considered.Repealed. Source: 4 SDR 54, effective February 23, 1978; repealed, 12 SDR 162, effective April 20, 1986.

Rule 17:60:02:08 Notification of action. 17:60:02:08. Notification of action. If an application for parole is granted or denied, 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. The de…

Rule 17:60:02:09 Supervision agreement. 17:60:02:09. Supervision agreement. Before being released on parole or suspended sentence, the inmate shall execute a supervision agreement setting forth the general and special limitations, restrictions, and conditions that are imposed by …

Rule 17:60:03:01 Issuance of warrant. 17:60:03:01 Issuance of warrant. 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 execu…

Rule 17:60:03:02 Arrest warrant as detainer. 17:60:03:02. Arrest warrant as detainer. 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 determines it is in th…

Rule 17:60:03:03 Final hearing. 17:60:03:03. Final hearing. 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 fa…

Rule 17:60:03:04 Preliminary hearing. 17:60:03:04. Preliminary hearing. 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 witho…

Rule 17:60:03:05 Notice of final hearing. 17:60:03:05. Notice of final hearing. 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,…

Rule 17:60:03:06 Right to counsel. 17:60:03:06. Right to counsel. If the parolee appears without counsel at the final hearing, the board shall determine that the parolee understands the right to counsel. If the board is satisfied that the parolee's waiver of counsel is knowingly,…

Rule 17:60:03:07 Hearing to determine violation and mitigation. 17:60:03:07. Hearing to determine violation and mitigation. The final hearing shall include a determination of any contested facts. The parolee may introduce evidence to establish that the conditions and rules of sup…

Rule 17:60:03:08 Evidence. 17:60:03:08. Evidence. Evidence at the final hearing may include testimony, affidavits, letters, and other material not ordinarily admissible in a criminal proceeding. Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986. …

Rule 17:60:03:09 Standard of proof. 17:60:03:09. Standard of proof. If the board is reasonably satisfied that one or more conditions, special limitations, or rules of supervision have been violated, the board may revoke supervision. The board shall give full consideration to any …

Rule 17:60:03:10 Continuance. 17:60:03:10. Continuance. 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. Source…

Rule 17:60:03:11 Revocation order in writing. 17:60:03:11. Revocation order in writing. If a revocation is ordered, the decision shall be in writing and shall specifically state the findings of fact and conclusions of law which support the order. Source: 4 SDR 54, effective Febru…

Rule 17:60:03:12 Decision -- Transmittal to parolee. 17:60:03:12. Decision -- Transmittal to parolee. The decision of the board at a final hearing shall be furnished as soon as practical within ten days to the parolee and any counsel. Source: 4 SDR 54, effective February 23, 1978…

Rule 17:60:03:13 Loss of good time. 17:60:03:13. Loss of good time. 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. Th…

Rule 17:60:05:01 Applications accompanied by signed statement. 17:60:05:01 Applications accompanied by signed statement. 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 r…

Rule 17:60:05:02 Background checks on all applications. 17:60:05:02. Background checks on all applications. Upon receipt of a completed application for executive clemency, the executive director shall review the applicant's criminal history obtained from the National Crime Inform…

Rule 17:60:05:03 Service of notice of application on state's attorney. 17:60:05:03. Service of notice of application on state's attorney. Notice of an application for executive clemency requiring action by the Board of Pardons and Paroles shall be given by the applicant to the st…

Rule 17:60:05:04 Repealed. 17:60:05:04. Contents of notice -- Publication in newspaper or posting on courthouse door.Repealed. Source: 4 SDR 54, effective February 23, 1978; repealed, 12 SDR 162, effective April 20, 1986.

Rule 17:60:05:05 Hearing -- Postponement -- Notice. 17:60:05:05. Hearing -- Postponement -- Notice. 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…

Rule 17:60:05:06 Notice by board. 17:60:05:06. Notice by board. 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 presi…