South Dakota Administrative Code

Rule 17:60:05:10 Denial of application final -- Reconsideration prohibited. 17:60:05:10. Denial of application final -- Reconsideration prohibited. If an application for clemency is denied by the board, the proceeding is terminated. The board may not reconsider or rehear that par…

Rule 17:60:05:11 Repealed. 17:60:05:11. Submitting new application after denial.Repealed. Source: 4 SDR 54, effective February 23, 1978; repealed, 12 SDR 162, effective April 20, 1986.

Rule 17:60:05:12 Grounds for recommending executive clemency. 17:60:05:12. Grounds for recommending executive clemency. The factors to be considered by the board in all hearings on applications for executive clemency may include the following: (1) Substantial evidence indicates t…

Rule 17:60:05:13 Application for executive clemency by inmate. 17:60:05:13. Application for executive clemency by inmate. The board may deny, without any hearing, an application for executive clemency submitted by an inmate confined in a correctional facility or an applicant unde…

Rule 17:60:05:14 Request for application. 17:60:05:14. Request for application. The executive director shall submit executive clemency application materials to an applicant upon receipt of a written request. Source: 33 SDR 43, effective September 18, 2006. General Authority: SDCL…

Rule 17:60:05:15 Publication of notice of application. 17:60:05:15. Publication of notice of application. 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 applican…

Rule 17:60:05:16 Applicant name change. 17:60:05:16. Applicant name change. 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 f…

Rule 17:60:05:17 Receipt of application. 17:60:05:17. Receipt of application. 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 notic…

Rule 17:60:05:17.01 Notification of receipt of application -- Schedule appearance for hearing panel. 17:60:05:17.01. Notification of receipt of application -- Schedule appearance for hearing panel. Upon receipt of a completed application for executive clemency and a background ch…

Rule 17:60:05:18 Request for information. 17:60:05:18. Request for information. 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 …

Rule 17:60:05:19 Notifying victims. 17:60:05:19. Notifying victims. 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…

Rule 17:60:05:20 Recommended by hearing panel to the board -- Request of hearing panel involving special circumstance -- Applicant notified. 17:60:05:20. Recommended by hearing panel to the board -- Request of hearing panel involving special circumstance -- Applicant notified. An…

Rule 17:60:05:21 Notification of decision by hearing panel. 17:60:05:21. Notification of decision by hearing panel. 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…

Rule 17:60:05:22 Notification to applicant of board decision. 17:60:05:22. Notification to applicant of board decision. 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 shal…

Rule 17:60:05:23 Notice to applicant of executive decision. 17:60:05:23. Notice to applicant of executive decision. 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 Go…

Rule 17:60:05:24 Notification of granted pardon to authorities. 17:60:05:24. Notification of granted pardon to authorities. 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 coun…

Rule 17:60:05:25 Suspended imposition of sentence. 17:60:05:25. Suspended imposition of sentence. 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, th…

Rule 17:60:05:26 Expedited application -- Persons eligible. 17:60:05:26. Expedited application -- Persons eligible. 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…

Rule 17:60:06:01 Board meetings. 17:60:06:01. Board meetings. The provisions of §§ 17:60:01:04 and 17:60:01:07 apply to parole hearings pursuant to SDCL chapter 24-15A. Source: 24 SDR 136, effective April 14, 1998; 41 SDR 107, effective January 5, 2015. General Authority: 24-15A-…

Rule 17:60:07:01 Application for board review of established parole date. 17:60:07:01. Application for board review of established parole date. 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 bo…

Rule 17:60:07:02 Hearing on application. 17:60:07:02. Hearing on application. 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 shall be …

Rule 17:60:07:03 Continuances. 17:60:07:03. Continuances. 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. Source: 24 SDR 136, effective April 14, 1998. General Authority: 24-15A-42. Law Imple…

Rule 17:60:07:04 Evidence at hearing. 17:60:07:04. Evidence at hearing. The board may consider at the hearing any evidence, affidavit, testimony, letter, or other material not ordinarily admissible in a criminal or civil proceeding. Source: 24 SDR 136, effective April 14, 1998. G…

Rule 17:60:07:05 Order setting parole date. 17:60:07:05. Order setting parole date. 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. Source: 24 SDR 136, effective Apri…

Rule 17:60:08:01 Hearing on noncompliance or insufficient information.. 17:60:08:01. Hearing on noncompliance or insufficient information. 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 repor…

Rule 17:60:08:02 Notice of hearing. 17:60:08:02. Notice of hearing. 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 rea…

Rule 17:60:08:03 Continuances. 17:60:08:03. Continuances. 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. Sourc…

Rule 17:60:08:04 Evidence at hearing. 17:60:08:04. Evidence at hearing. The board may consider at the hearing testimony, affidavits, letters, or other material not ordinarily admissible in a criminal or civil proceeding. Source: 24 SDR 136, effective April 14, 1998. General Autho…

Rule 17:60:08:05 Standard of proof. 17:60:08:05. Standard of proof. 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 miti…

Rule 17:60:08:06 Insufficient information. 17:60:08:06. Insufficient information. 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 …

Rule 17:60:09:01 Purpose of discretionary parole hearing. 17:60:09:01. Purpose of discretionary parole hearing. 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, …

Rule 17:60:09:02 Time for hearing. 17:60:09:02. Time for hearing. 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 b…

Rule 17:60:09:03 Continuance of hearing. 17:60:09:03. Continuance of hearing. For cause the board may continue a hearing for discretionary parole. The inmate shall be advised of any continuance. Source: 24 SDR 136, effective April 14, 1998. General Authority: 24-15A-42. Law Imple…

Rule 17:60:09:04 Effect of detainers. 17:60:09:04. Effect of detainers. 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…

Rule 17:60:09:05 Notice of action. 17:60:09:05. Notice of action. 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. Source: 2…

Rule 17:60:09:06 Supervision agreement. 17:60:09:06. Supervision agreement 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 …

Rule 17:60:09:07 Hearings -- Representation. 17:60:09:07. Hearings -- Representation. 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 shal…

Rule 17:60:10:01 Written objections to conditions imposed. 17:60:10:01. Written objections to conditions imposed. 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 object…

Rule 17:60:10:02 Consideration by board. 17:60:10:02. Consideration by board. 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 Pa…

Rule 17:60:10:03 Notice of decision. 17:60:10:03. Notice of decision. 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. Source: 24 SDR 136, effective April 14, 1998…

Rule 17:60:11:01 Issuance of arrest warrant. 17:60:11:01. Issuance of arrest 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 supervi…

Rule 17:60:11:02 Arrest warrant as detainer. 17:60:11:02. 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 of the board determine…

Rule 17:60:11:03 Preliminary hearing. 17:60:11:03. 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 17:60:11:04 Notice of final hearing. 17:60:11:04. 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 17:60:11:05 Right to counsel. 17:60:11:05. Right to counsel. 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…

Rule 17:60:11:06 Hearing to determine violation and mitigation. 17:60:11:06. 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 17:60:11:07 Final hearing. 17:60:11:07. 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…