Title 24, CORRECTIONAL FACILITIES AND PAROLE
22 chapters · 288 sections in this title.
SDCL § 24-13-1 Composition of board--Appointment of members
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The Board of Pardons and Paroles shall consist of nine members. Three members shall be appointed by the Governor; at least one shall be an attorney. Three members shall be appointed by the attorney general; at least one shall be an attorney. Three members shall be appointed by th…
SDCL § 24-13-10 Duties of executive director
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The executive director shall: (1) Keep minutes of all proceedings of the Board of Pardons and Paroles, keep a record of every application for a pardon, commutation, reprieve, or remission of a fine or forfeiture filed with the board and of all findings of the board and the dispos…
SDCL § 24-13-11 Hearings by teleconference--Electronic document transfer
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The Board of Pardons and Paroles may conduct hearings by teleconference during a regularly scheduled hearing. The board may receive documentary evidence via facsimile machines or other electronic means of document transfer. Source: SL 1990, ch 183 , § 2; SL 1992, ch 177 , § 15; S…
SDCL § 24-13-12 Inapplicability of certain evidence rules
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The provisions of articles I to IV, inclusive, and articles VI to XI, inclusive, of chapter 19-19 do not apply in proceedings before the Board of Pardons and Paroles. Source: SL 2009, ch 127 , § 1.
SDCL § 24-13-13 Former board member service as auxiliary member
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A former member of the Board of Pardons and Paroles is eligible, upon the request of the chair of the Board of Pardons and Paroles, to serve as an auxiliary member for a period of four years following the former member's service on the board. An auxiliary member has the same stat…
SDCL § 24-13-14 Restrictions on service of auxiliary member
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No more than one auxiliary member may serve on a single hearing panel pursuant to § 24-15A-10 . No auxiliary member may serve as a hearing officer pursuant to § 24-15A-9 . Source: SL 2015, ch 144 , § 2.
SDCL § 24-13-15 Maximum number of members conducting hearing or taking action
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The Board of Pardons and Paroles may not have more than nine members, including auxiliary members, conducting a hearing or taking action on a parole or clemency matter. Source: SL 2015, ch 144 , § 3.
SDCL § 24-13-16 Auxiliary member not to serve as chair
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No auxiliary member may serve as chair of the Board of Pardons and Paroles. Source: SL 2015, ch 144 , § 4.
SDCL § 24-13-2 Terms of board members--Vacancies--Training
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The members of the board shall serve for terms of four years. Members are eligible for reappointment. The Governor, the attorney general, and the Supreme Court each shall appoint three members, whose terms shall expire on the third Monday in January of the fourth year after appoi…
SDCL § 24-13-3 Direction and supervision of Board of Pardons and Paroles--Records and reports--Coordination of programs
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The Board of Pardons and Paroles shall be administered under the direction and supervision of the Department of Corrections but shall retain the quasi - judicial, quasi - legislative, advisory, and other nonadministrative functions otherwise vested in it, and shall exercise those…
SDCL § 24-13-4 Chair of board--Meetings
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At the first meeting in each year, the board shall select one of its members as chair. The board shall meet at the times and places prescribed by its rules and whenever called together by the chair. Source: SL 1961, ch 46 , §§ 1, 3; SDCL, § 23-58-4; SL 1978, ch 186 , § 7; SL 1979…
SDCL § 24-13-4.1 Quorum
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A majority of the members shall constitute a quorum for official administrative business. Source: SL 1992, ch 177 , § 6.
SDCL § 24-13-5 Compensation and expenses of board members
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Each member of the Board of Pardons and Paroles shall receive compensation and expense reimbursement set pursuant to § 4-7-10.4 for attending meetings or performing duties of the board. Source: SL 1961, ch 46 , § 1; SDCL, § 23-58-2; SL 1978, ch 186 , § 4.
SDCL § 24-13-6 Meetings at department facilities to consider clemency and paroles--Facilities--Cooperation by penitentiary personnel
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The Board of Pardons and Paroles shall meet in open session at facilities provided by the Department of Corrections at least every three months to hear applications for parole, to grant the privilege of parole to deserving inmates, for the discussion and adoption of policy, for r…
SDCL § 24-13-7 Procedural rules of board--Consideration in granting or denying parole
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Pursuant to chapter 1-26 , the Board of Pardons and Paroles may promulgate procedural rules for the effective enforcement of chapters 24-13 to 24-15 , inclusive, and for the exercise of powers and duties conferred upon it. Additionally, the Board of Pardons and Paroles may utiliz…
SDCL § 24-13-8 Board process for witnesses and evidence--Administration of oaths
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The Board of Pardons and Paroles may issue process requiring the presence of any person before it and require the production of papers, records, and exhibits in any matter pending before it. Any member of the board may administer oaths to witnesses appearing before it. Source: SL…
SDCL § 24-13-9 Appointment and salary of executive director
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The secretary of corrections, after consulting with the Board of Pardons and Paroles, shall appoint an executive director for the Board of Pardons and Paroles to serve at the secretary's pleasure, who shall receive an annual salary fixed by the secretary. Source: SL 1961, ch 46 ,…