Title 24, CORRECTIONAL FACILITIES AND PAROLE

The term, clemency, means either a pardon, commutation, reprieve, or remission of a fine or forfeiture. Source: SL 1978, ch 186 , § 34; SL 2004, ch 168 , § 48.

The executive director shall notify the attorney who prosecuted the person applying for clemency, or the attorney' s successor in office, the sentencing judge, the attorney general, and the sheriff or local law enforcement agency where the offense was committed, at least thirty d…

Any applicant shall, upon notice of hearing from the board for clemency consideration, publish once each week for three consecutive weeks in one of the official newspapers designated by the county where the offense was committed, the name of the person on whose behalf the applica…

The provisions of § 24-14-4 do not apply to an applicant who is a victim of human trafficking or domestic abuse. To be recognized as a victim of human trafficking or domestic abuse, the individual shall submit to the Board of Pardons and Paroles: (1) An affidavit of the individua…

The Governor may submit an application for clemency to the Board of Pardons and Paroles for its recommendation. The Governor may, by executive order, delegate to the board the authority to consider applications for clemency and make recommendations to the Governor. The Governor i…

Any person feeling aggrieved by an application for clemency may appear in person before the Board of Pardons and Paroles during its consideration to show cause by written or oral testimony why a recommendation for clemency should not be granted. Source: SDC 1939, § 13.5107; SL 19…

Whenever the Board of Pardons and Paroles recommends clemency to the Governor, the recommendation shall be in writing. The board shall keep a record of its findings and the reasons for its recommendation. Source: SL 1961, ch 46 , § 6; SDCL, § 23-59-8; SL 1978, ch 186 , § 39.

Upon the expiration of five years following the release of an applicant from a Department of Corrections facility who was convicted of not more than one felony, which was not an offense punishable by life imprisonment, the applicant may apply to the Board of Pardons and Paroles f…

Applications for exceptional pardons shall be in accordance with §§ 24-14-3 and 24-14-5 . The notice requirement contained in § 24-14-4 does not apply to exceptional pardons. Source: SL 1974, ch 169 , § 3; SDCL Supp, § 23-59-12; SL 1978, ch 186 , § 42; SL 2003, ch 140 , § 4.