Title 24 — CORRECTIONAL FACILITIES AND PAROLE
22 chapters · 335 sections in this title.
SDCL § 24-14-1 Delegation of authority by Governor
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The Governor may, by executive order, delegate to the Board of Pardons and Paroles the authority to hear applications for pardon, commutation, reprieve, or remission of fines and forfeitures, and to make its recommendations to the Governor. Source: SL 1978, ch 186 , § 9; SL 2004,…
SDCL § 24-14-10 Recommendations for exceptional pardon
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The Board of Pardons and Paroles may recommend exceptional pardons to the Governor. Source: SL 1974, ch 169 , § 1; SDCL Supp, § 23-59-10; SL 1978, ch 186 , § 40.
SDCL § 24-14-11 Effects of pardon--Disabilities removed--Records sealed--Filing of document making pardon public--Failure to acknowledge proceedings not perjury--Prior conviction for habitual offender law
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Any person who has been granted a pardon under the provisions of this chapter shall be released from all disabilities consequent on the person's conviction. Upon the granting of a pardon under the provisions of this chapter, the Governor shall order that all official records rela…
SDCL § 24-14-12 Application of § 22-14-15 to person granted pardon by Governor
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Notwithstanding the provisions of § 24-14-11 , the provisions of § 22-14-15 continue to apply to any person granted a pardon by the Governor, unless the Governor specifies otherwise in the order granting the pardon. Source: SL 1986, ch 203 .
SDCL § 24-14-2 Forms of clemency
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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.
SDCL § 24-14-3 Notice to prosecuting attorney, sentencing judge, attorney general, and law enforcement of hearing for clemency
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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…
SDCL § 24-14-4 Publication of notice of application for clemency
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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…
SDCL § 24-14-4.2 Notice of application for clemency--Publication exception--Victim of human trafficking or domestic abuse--Applicability
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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…
SDCL § 24-14-5 Submission to board of applications for clemency--Governor not bound by board recommendations
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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…
SDCL § 24-14-6 Appearance before board to object to recommendation for clemency
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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…
SDCL § 24-14-7 Recommendation for clemency to be in writing--Record of findings and reasons
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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.
SDCL § 24-14-8 Application for exceptional pardon--Persons eligible
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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…
SDCL § 24-14-9 Notice requirements on application for exceptional pardon--Reference by Governor
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Applications for exceptional pardons shall be in accordance with §§ 24-14-3 and