South Dakota Administrative Code

Rule 17:60:11:08 Evidence. 17:60:11:08. Evidence. Evidence at the final hearing may include testimony, affidavits, letters, or other material not ordinarily admissible in a criminal or civil proceeding. Source: 24 SDR 136, effective April 14, 1998. General Authority: 24-15A-42. L…

Rule 17:60:11:09 Standard of proof. 17:60:11:09. Standard of proof. 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 mitigati…

Rule 17:60:11:10 Continuance. 17:60:11:10. 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 17:60:11:11 Revocation order in writing. 17:60:11:11. Revocation order in writing. 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. Source: 24 SDR 136, effecti…

Rule 17:60:11:12 Decision -- Transmittal to parolee. 17:60:11:12. Decision -- Transmittal to parolee. The board shall transmit the board's decision to the parolee and any counsel after the final hearing. Source: 24 SDR 136, effective April 14, 1998. General Authority: 24-15A-42. …

Rule 17:60:11:13 Loss of credit for time on supervision. 17:60:11:13. Loss of credit for time on supervision. 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 t…

Rule 17:60:12:01 Requirements. 17:60:12:01. Requirements. The provisions of chapter 17:60:05 apply to any person applying for executive clemency for a crime committed after July 1, 1996. Source: 24 SDR 136, effective April 14, 1998; 41 SDR 107, effective January 5, 2015. General …

Rule 17:61:01:01 Definitions. 17:61:01:01. Definitions. 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 pe…

Rule 17:61:01:02 Scope. 17:61:01:02. Scope. The rules in this chapter apply to parole services and persons under supervision. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997. General Authority:SDCL …

Rule 17:61:01:03 Repealed. 17:61:01:03. Official office.Repealed. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; repealed, 24 SDR 44, effective October 14, 1997.

Rule 17:61:01:04 Administrative reports. 17:61:01:04. Administrative reports. Reports pertaining to administrative functions, budgetary, fiscal matters, and statistics must be maintained in the office of the executive director of parole services. Source: 5 SDR 51, 5 SDR 53, effec…

Rule 17:61:01:05 Persons under supervision records. 17:61:01:05. Persons under supervision records. All persons under supervision records must be maintained in designated field offices. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24…

Rule 17:61:01:06 Information. 17:61:01:06. Information. 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. Source: 5 SDR 51, 5 SDR 53, effective Jan…

Rule 17:61:01:07 Repealed. 17:61:01:07. Status.Repealed. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; repealed, 24 SDR 44, effective October 14, 1997.

Rule 17:61:01:08 Interstate compact supervision. 17:61:01:08. Interstate compact supervision. The rules in this article apply to persons under interstate compact supervision. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, ef…

Rule 17:61:01:09 Violation of rules. 17:61:01:09. Violation of rules. 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. Source: 5 SDR 51, 5 SDR 53, effectiv…

Rule 17:61:01:10 Responsibility for and documentation of payments. 17:61:01:10. Responsibility for and documentation of payments. All persons under supervision of parole services, either paroled in state, released on suspended sentence, or accepted through the interstate compact,…

Rule 17:61:01:11 Detainer. 17:61:01:11. Detainer. 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. Source: 5 SDR 51, 5 SDR 53, effective Janu…

Rule 17:61:01:12 Supervision fees. 17:61:01:12. Supervision fees. Persons under supervision as defined in §§ 17:61:02:08 to 17:61:02:10, inclusive, and 17:61:02:19 may be assessed supervision fees of $20 a month and persons under intensive supervision as defined in § 17:61:02:18 …

Rule 17:61:01:13 Hearing officers. 17:61:01:13. Hearing officers. The executive director of parole services shall appoint hearing officers to conduct preliminary hearings. Source:5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; transferred from …

Rule 17:61:02:01 Agreement of supervision. 17:61:02:01. Agreement of supervision. Persons under supervision shall sign an agreement specifying the conditions under which the person is supervised. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14…

Rule 17:61:02:02 Repealed. 17:61:02:02. Conditions for aftercare.Repealed. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; repealed, 24 SDR 44, effective October 14, 1997.

Rule 17:61:02:03 Special limitations. 17:61:02:03. Special limitations. 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 the …

Rule 17:61:02:04 Failure to sign agreement. 17:61:02:04. Failure to sign agreement. Failure to sign the original or amended agreement of supervision constitutes a violation of this article. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986…

Rule 17:61:02:05 Persons under supervision -- Initial report. 17:61:02:05. Persons under supervision -- Initial report. All persons under supervision shall report to the person's designated agent within 72 hours after release from any institution unless the time is otherwise spec…

Rule 17:61:02:06 Monthly reporting. 17:61:02:06. Monthly reporting. Persons under supervision shall report to the supervising agent in writing by the last day of each month. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, eff…

Rule 17:61:02:07 Falsification of reports. 17:61:02:07. Falsification of reports. The intentional falsification of reports, either oral or written, by persons under supervision is grounds for disciplinary action. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, …

Rule 17:61:02:08 Maximum supervision. 17:61:02:08. Maximum supervision. Maximum supervision is a classification granted to a person under supervision that requires two personal contacts and one collateral contact each thirty-day period. However, the number of contacts may vary fr…

Rule 17:61:02:09 Medium supervision. 17:61:02:09. Medium supervision. Medium supervision is a classification granted to a person under supervision that requires one personal contact and one collateral contact each thirty-day period. However, the number of contacts may vary from t…

Rule 17:61:02:10 Minimum supervision. 17:61:02:10. Minimum supervision. Minimum supervision is a classification granted to a person under supervision that requires one personal contact and one collateral contact each sixty-day period. However, the number of contacts may vary from…

Rule 17:61:02:11 Repealed. 17:61:02:11. Collateral supervision.Repealed. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 12 SDR 213, effective July 14, 1986.

Rule 17:61:02:12 Dual supervision. 17:61:02:12. Dual supervision. Dual supervision does not negate the responsibility of the person under supervision to comply with the supervision agreement as required in § 17:61:02:01. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 S…

Rule 17:61:02:13 Repealed. 17:61:02:13. Program participation.Repealed. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 12 SDR 213, effective July 14, 1986.

Rule 17:61:02:14 Repealed. 17:61:02:14. Violation of conditional release.Repealed. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; repealed, 24 SDR 44, effective October 14, 1997.

Rule 17:61:02:15 Violations. 17:61:02:15. Violations. Violation of the supervision agreement may result in the issuance of a detainer or warrant for the person under supervision. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44…

Rule 17:61:02:16 Use of alias.` 17:61:02:16. Use of alias. A person under supervision may not use an alias or any other name that is not the person's legal name. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective Octob…

Rule 17:61:02:17 Undercover activity. 17:61:02:17. Undercover activity. Persons under supervision may not participate in undercover activities without prior authorization from the executive director of parole services. Source:5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR …

Rule 17:61:02:18 Intensive supervision. 17:61:02:18. Intensive supervision. Intensive supervision is a classification granted to a person under supervision that requires one personal contact per week, one collateral contact per week, and one random unannounced contact each thirty…

Rule 17:61:02:19 Indirect supervision. 17:61:02:19. Indirect supervision. Indirect supervision is a classification granted to a person under supervision that requires one monthly report submitted either in person or by mail, and requires no personal or collateral contact. Source:…

Rule 17:61:04:01 Transferred. 17:61:04:01. Transferred to § 17:61:01:13.

Rule 17:61:04:02 Repealed. 17:61:04:02. Location.Repealed. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; repealed, 24 SDR 44, effective October 14, 1997.

Rule 17:61:04:03 Repealed. 17:61:04:03. Oaths.Repealed. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 12 SDR 213, effective July 14, 1986.

Rule 17:61:04:04 Repealed. 17:61:04:04. Records.Repealed. Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; repealed, 24 SDR 44, effective October 14, 1997.

Rule 20:01:01:01 Hamburger defined. 20:01:01:01. Hamburger defined. Hamburger shall consist of chopped fresh beef, with or without the addition of beef fat and seasoning, and shall contain not more than 30 percent fat. If hearts are added, the product shall be labeled as "hamburg…

Rule 20:01:01:02 Ground beef, regular ground beef, and chopped beef defined. 20:01:01:02. Ground beef, regular ground beef, and chopped beef defined. Ground beef, regular ground beef, and chopped beef shall consist of chopped fresh beef, with or without the addition of beef fat a…

Rule 20:01:01:03 Lean ground beef, lean regular ground beef, and lean chopped beef defined. 20:01:01:03. Lean ground beef, lean regular ground beef, and lean chopped beef defined. Lean ground beef, lean regular ground beef, and lean chopped beef shall meet the same requirements a…

Rule 20:01:01:04 Extra lean ground beef, extra lean regular ground beef, and extra lean chopped beef defined. 20:01:01:04. Extra lean ground beef, extra lean regular ground beef, and extra lean chopped beef defined. Extra lean ground beef, extra lean regular ground beef, and extr…

Rule 20:01:01:05 Diet lean ground beef, diet lean regular ground beef, and diet lean chopped beef defined. 20:01:01:05. Diet lean ground beef, diet lean regular ground beef, and diet lean chopped beef defined. Diet lean ground beef, diet lean regular ground beef, and diet lean ch…

20:01:02:01. Adoption of NIST Handbook 44. Except where in conflict with existing codified law or administrative rule, specifications, tolerances, and other technical requirements for weighing and measuring devices in South Dakota are those set forth in NIST Handbook 44, 2020. So…

20:01:02:02. Adoption of NIST Handbook 133. Standards for checking the net contents of packaged goods in South Dakota are those set forth in NIST Handbook 133, 2020. Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effect…