Title 24, CORRECTIONAL FACILITIES AND PAROLE

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…

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…

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…

A majority of the members shall constitute a quorum for official administrative business. Source: SL 1992, ch 177 , § 6.

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.

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…

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…

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…

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 ,…

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,…

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.

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…

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 .

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.

If a defendant is sentenced to a state correctional facility, the Department of Corrections shall develop a file which shall contain a complete history of that person. The executive director of the Board of Pardons and Paroles shall generate an adequate case history of each inmat…

Parole is the discretionary conditional release of an inmate from actual state correctional facility custody before the expiration of the inmate's term of imprisonment. The prisoner remains an inmate under the legal custody of the Department of Corrections until the expiration of…

The determination of whether a prior offense is a felony for the purposes of this chapter shall be determined by whether it is a felony under the laws of this state, any other state, or the United States at the time of conviction of the offense. Any felony conviction in this stat…

If an inmate's application for parole is denied, the inmate may not again present an application before the board for a period of eight months. A continuance of an application for parole is not a denial. An application for clemency may not be heard for one year after the date of …

The board may place reasonable restrictions upon a parolee which are designed to continue the parolee's rehabilitation. The board and the department may require the parolee to post a bond to assure the parolee's appearance and compliance with the conditions and restrictions of pa…

The Board of Pardons and Paroles and the Department of Corrections may allow inmates required to pay supervision fees pursuant to § 24-15-11 or 24-15A-24 to substitute community service work hours for supervision fees. Source: SL 1997, ch 149 , § 3.

Any revenue collected pursuant to §§ 24-15-11 and 24-15A-24 as supervision fees shall be deposited in the state general fund. Source: SL 1997, ch 149 , § 4; SL 1998, ch 154 , § 1.

The Department of Corrections may promulgate rules, pursuant to chapter 1-26 , to establish supervision fee rates to be imposed pursuant to §§ 24-15-11 and 24-15A-24 . Source: SL 1997, ch 149 , § 6.

When the Board of Pardons and Paroles grants a parole to an inmate, the Department of Corrections shall provide the parolee, if not already provided for, with necessary clothing not exceeding a cost of one hundred dollars, with necessary traveling expenses not exceeding fifty dol…

Each parolee shall at all times be considered confined, in the legal custody of the Department of Corrections, and shall remain under conviction for the crime for which the parolee was convicted and sentenced. Source: SDC 1939, § 13.5306; SL 1964, ch 33 , § 7; SDCL, § 23-60-21; S…

The Department of Corrections shall exercise supervision over all paroled prisoners. The secretary of corrections shall employ or appoint officers and employees, pursuant to chapter 3-6D , as may be necessary to accomplish the proper supervision of parolees, persons on parole und…

The Board of Pardons and Paroles may, in the board's discretion, permit a parolee to leave this state and go to any other state, if satisfied that suitable employment or beneficial occupation of the parolee's time has been secured in the other state where the parolee will be free…

Nothing in this chapter affects the authority of the Governor to enter into compacts with other states, through their duly constituted authorities, for reciprocal supervision of persons placed on probation or released on parole and for the reciprocal return of such persons to the…

If the purposes or objects of parole are not being served, the Department of Corrections and its parole agents may use any necessary means to establish discipline, arrest, or take custody and control of the parolee pending the issuance of a warrant of arrest by the executive dire…

The executive director of the Board of Pardons and Paroles in preparing each case history shall: (1) Adopt and implement a procedure by which a report shall be completed to contain the life history of each inmate; (2) Receive from the Department of Corrections a copy of the true …

The executive director of the Board of Pardons and Paroles may issue an order to show cause why parole should not be revoked whenever the executive director or the board is satisfied that: (1) A parolee is violating or has violated the regulations or restrictions placed upon the …

If the chair of the Board of Pardons and Parole is satisfied that any provision of § 24-15-20 or 24-15A-27 has been violated or an inmate under parole supervision in the community has escaped, the executive director of the Board of Pardons and Parole may issue a warrant approved …

Immediately upon the return of a parolee to the state correctional facility, the supervising agent shall immediately furnish to the Board of Pardons and Paroles the permanent records and a report containing all the facts connected with the return of the parolee. Source: SDC 1939,…

Subject to the provisions of §§ 24-15-23.1 and 24-15-23.2 , within ten working days of the arrest of the parolee, a preliminary hearing must be held. The preliminary hearing must be held before an independent hearing officer to determine if there is probable cause to believe that…

A preliminary hearing as provided for in § 24-15-23 is not required if: (1) The parolee is under arrest and being held on an order issued by a jurisdiction other than the Board of Pardons and Paroles; (2) The parolee left the state or other approved jurisdiction without authoriza…

If a preliminary hearing under § 24-15-23 is required and a parolee fails to receive a preliminary hearing prior to the parolee's return to a Department of Corrections facility, the parolee shall receive a preliminary hearing within ten working days of the parolee's return to a D…

If the Board of Pardons and Paroles is satisfied that any provision of § 24-15-20 has been violated, it may revoke the parole and reinstate the terms of the original sentence and conviction or it may modify conditions of parole and restore parole status. In addition, the board ma…

If the Board of Pardons and Paroles considers an inmate sentenced pursuant to § 23A-27-38 for parole, the board shall consult with the treating facility at which the inmate is being treated or from which the inmate has been discharged concerning the information required by § 23A-…

If the Department of Corrections and its parole agents arrest or take a parolee into custody, the executive director shall be notified of the action and the cause for the action. Source: SL 1992, ch 177 , § 23.