Title 24, CORRECTIONAL FACILITIES AND PAROLE

A request for waiver of a right to a parole hearing or an appearance at a parole hearing pursuant to § 24-15-8 , 24-15-23 , 24-15A-39 , or 24-15A-41 shall be submitted in writing to the Board of Pardons and Paroles by the inmate or parolee. Source: SL 2002, ch 124 , § 5; SL 2012,…

No inmate sentenced to life imprisonment is eligible for parole by the Board of Pardons and Paroles except as provided in §§ 24-15A-55 to 24-15A-68 , inclusive. Source: SDC 1939, § 13.5302; SL 1964, ch 33 , § 5; SDCL § 23-60-15; SL 1978, ch 186 , § 21; SL 2004, ch 168 , § 55; SL …

For the purposes of this section, the term "offense" means any of the following: (1) First degree murder, as defined in § 22-16-4 ; (2) Second degree murder, as defined in § 22-16-7 ; (3) Kidnapping in the first degree, as defined in § 22-19-1 ; (4) An act of terrorism, as define…

For the purposes of this section, the term "offense" means any of the following: (1) Vehicular homicide, as defined in § 22-16-41 ; (2) Aggravated assault, as defined in § 22-18-1.1 ; (3) Aggravated criminal battery of an unborn child, as defined in § 22-18-1.3 ; (4) Kidnapping i…

An inmate is eligible for parole, subject to § 24-15-4 , after deducting from the inmate's sentence the statutory time granted for good conduct pursuant to § 24-5-1 : (1) If convicted of a felony for the first time, when the inmate has served one - fourth of the time remaining; (…

In the determination of an inmate's eligibility for parole, two or more convictions arising from the same transaction, for which the sentences are made to run concurrently, shall be considered as one conviction. Two or more sentences arising from different transactions for which …

In the determination of an inmate's eligibility for consideration for parole, two or more convictions arising from the same transaction, for which the sentences are made to run consecutively, shall be considered as one conviction. Two or more sentences arising from different tran…

Any person convicted of a felony while an inmate under the custody of the Department of Corrections and for which the sentence is made to run consecutively is not eligible for consideration for parole until serving the last of all such consecutive sentences. In such cases the par…

When an inmate becomes eligible for consideration for parole, the inmate is entitled to a hearing with the Board of Pardons and Paroles to present the inmate's application for parole. An inmate may decline parole consideration and waive the right to a hearing. The board may issue…

The Board of Pardons and Paroles may order the Department of Corrections to transfer any inmate to the Human Services Center. The director of the human services center shall notify the Department of Corrections when the inmate is ready to be transferred back to the state correcti…

The provisions of this chapter do not apply to persons sentenced to prison for crimes committed prior to July 1, 1996, except the provisions in §§ 24-15A-18 and 24-15A-19 involving multiple sentences occurring both prior and subsequent to the enactment of this chapter and the pro…

The chair of the board may designate panels of two or more board members to conduct hearings pursuant to this chapter and chapters 24-13 , 24-14 , and 24-15 , take testimony, and take final action. Source: SL 1996, ch 158 , § 9; SL 2004, ch 168 , § 68; SL 2005, ch 132 , § 10; SL …

No person seen by a panel may be paroled or denied parole, recommended for clemency, nor may a person's parole be revoked or rescinded without the concurrence of two board members. No person seen by the full board may be paroled or denied parole or recommended for clemency withou…

No decision made by a panel of two or more board members may be appealed to the Board of Pardons and Paroles. Any panel designated by the chair shall exercise the same authority and assume the same responsibilities as the full Board of Pardons and Paroles in those actions that th…

A denial of a pardon recommendation by a panel shall be reviewed by the board. The board may adopt, modify, or reject the denial and recommend a pardon. Source: SL 2019, ch 118 , § 4.

The board shall meet in open session at facilities provided by the department at least every three months to conduct parole hearings pursuant to §§ 24-15A-39 and 24-15A-41 , for the discussion and adoption of policy, for revocation and recession decisions, to review agenda items,…

The executive director of the board shall: (1) Keep minutes of all proceedings of the board, 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 disposition of e…

If a defendant is sentenced to prison, the department shall develop a file which shall contain a complete history of that person. Except for the information authorized for release pursuant to § 24-2-20 , the record shall be a permanent record of the department, solely for the pro…

Parole is the 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 until the expiration of the inmate's term of impriso…

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 a person receives a suspended imposition of sentence for an offense committed on or after July 1, 2008, and that offense constitutes a felony under the laws of the state, any other state, or the United States at the time of the suspension of imposition, that offense, whether o…

The executive director of the board in preparing for each parole hearing shall receive from the department: (1) A true record of each inmate which specifies each infraction of rules and the disciplinary action taken; (2) The warden's report of substantive noncompliance with the i…

In the determination of an inmate's initial parole date, two or more convictions arising from the same transaction, for which the sentences are made to run concurrently, shall be considered as one conviction. Two or more sentences arising from different transactions for which the…

In the determination of an inmate's initial parole date, two or more convictions arising from the same transaction, for which the sentences are made to run consecutively, shall be considered as one conviction. Two or more sentences arising from different transactions for which th…

Terms used in this chapter mean: (1) "Board," the Board of Pardons and Paroles; (2) "Department," the Department of Corrections; (3) "Secretary," the secretary of the Department of Corrections. Source: SL 1996, ch 158 , § 1A.

If a person is convicted of a felony while an inmate under the custody of the warden of the Department of Corrections, the sentence shall run consecutively and the person is not eligible for consideration for parole until serving the last of all such consecutive sentences, unless…

The board may not hear an application for clemency for one year after the date of the judgment. If an application for clemency is denied, an inmate may not again present an application for clemency for a period of one year. If an application for clemency is denied for an inmate c…

An inmate is ineligible to apply for clemency if the inmate reaches the initial parole date set pursuant to § 24-15A-32 . If an inmate is released on parole or the inmate's sentence has been discharged pursuant to § 24-15A-7 , the inmate may apply for clemency pursuant to § 24-15…

The board and the department may place reasonable restrictions upon a parolee which are designed to continue the parolee's rehabilitation, including limited areas of residence or community access, required participation in treatment, enhanced reporting requirements, and use of el…

If an inmate is released on parole, the department shall provide the parolee, if the parolee is not already provided for, with necessary clothing not to exceed a cost of one hundred dollars, with necessary traveling expenses not to exceed fifty dollars, and with transportation to…

The board and the department may 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 from criminal influences, and t…

The executive director of the board may issue an order to show cause why parole should not be revoked if the director or the board is satisfied that: (1) A parolee is violating or has violated the regulations or restrictions that are placed upon the parolee by the board, the depa…

If the board is satisfied that any provision of § 24-15A-27 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 may order the denial of …

The board shall establish a discretionary parole date of not more than two years from the date of revocation if: (1) An offender's parole or suspended sentence is revoked and imposed following release to parole supervision; or (2) An offender's suspended sentence is revoked and i…

If a suspended sentence is revoked and imposed prior to the initial parole date, a new initial parole date subject to § 24-15A-38 shall be calculated on the newly imposed incarceration term. Source: SL 2021, ch 114 , § 2.

The provisions of §§ 24-2-9 , 24-2-12 , 24-2-12.1 , 24-2-12.2 , 24-2-17 , 24-2-18 , 24-5-1 , 24-5-2 , 24-5-7 , 24-13-6 , 24-13-7 , 24-13-10 , 24-15-1 , 24-15-1.1 , 24-15-1.2 , 24-15-2 , 24-15-3 , 24-15-5 , 24-15-6 , 24-15-7 , 24-15-7.1 , 24-15-8 , 24-15-10 , 24-15-11 , 24-15-12 ,…

If an inmate sentenced pursuant to § 23A-27-38 becomes eligible for parole release, the department 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-27-39 . If t…

If the parolee or the parole agent wish to modify the terms, conditions, restrictions, and requirements contained within a parolee's parole agreement, the request shall be forwarded to the executive director of the board for approval. Source: SL 1996, ch 158 , § 30.

For a crime committed before July 1, 2023, each inmate sentenced to a state incarceration term, except those under a sentence of life or death, or determined to be ineligible for parole as authorized in § 24-15A-32.1 , must have an initial parole date set by the department. This …

Upon recommendation of sex offender treatment program staff and following a review of the inmate's history, treatment status, risk of re-offense, and psycho-sexual assessment, the warden may, at any time prior to the inmate's final discharge, recommend to the Board of Pardons and…

An inmate's initial parole date is subject to change upon receipt of information regarding a change in the number of prior felony convictions or any subsequent felony convictions. Any inmate who is aggrieved by the established parole date may apply for a review of the date with t…

Within thirty days of admission to the department, the department shall establish an individual program directive for each inmate which may include the following: (1) Required work, school, or program participation; (2) Refraining from conduct evincing an intent to reoffend; and …

At least thirty days prior to an inmate's initial parole date, the warden shall notify the board in writing of the inmate's substantive compliance or noncompliance with the inmate's individual program directive. If an award of earned discharge credit moves an inmate's initial par…

At least thirty days prior to an inmate's parole date, the inmate shall submit a parole release plan to the executive director of the board. If an award of earned discharge credit moves an inmate's initial parole date to within thirty days, the inmate shall submit the release pla…

As a condition of parole release, each inmate shall be required to sign an agreement setting forth the conditions of supervision placed on the inmate by the board and the department. The agreement shall be developed by the executive director of the board. Source: SL 1996, ch 158 …

Each inmate shall be released from incarceration to parole supervision, without a hearing with the board, at the time of the inmate's initial parole date, if the inmate has substantively met the requirements of the individual program directive established by the department, agree…