Title 24 — CORRECTIONAL FACILITIES AND PAROLE

If the provisions of this chapter are found invalid, good time and parole eligibility provisions shall revert to those in effect at the time of the passage of this chapter. Source: SL 1996, ch 158 , § 43.

Parolee supervision shall use evidence-based practices and shall target the parolee's criminal risk and need factors with appropriate supervision and intervention, focusing resources on moderate-risk and high-risk offenders. Parole supervision shall include: (1) Use of validated …

Any employee who exercises supervision over a parolee pursuant to § 24-15-14 or provides intervention services to any parolee shall receive annual training on evidence-based practices and criminal risk factors, as well as instruction on how to target these factors to reduce recid…

The department shall monitor and report semiannually to the oversight council the extent to which practices of parole supervision pursuant to § 24-15A-45 and training requirements pursuant to sections §§ 24-13-2 and 24-15A-46 are implemented with fidelity. Source: SL 2013, ch 101…

The department shall respond to each known violation of supervision conditions established pursuant to §§ 24-15A-37 , 24-15-11 , and

The Department of Corrections shall report semiannually to the oversight council the number and percentage of parolees who received a graduated sanction. Source: SL 2013, ch 101 , § 33.

The warden shall keep a true record of the conduct of each inmate specifying in the record each infraction of the rules of discipline. Each inmate shall be notified of every entry on the inmate's record of each such infraction of the rules of discipline. The inmate shall have thi…

Each parolee shall be awarded earned discharge credits as follows: (1) For each full calendar month of compliance with the terms of supervision, an earned discharge credit of the number of days in that month shall be deducted from the parolee's sentence discharge date established…

The department may grant an inmate up to ninety days of earned discharge credits for each program completion; up to ninety days of earned discharge credits upon completion of three hundred sixty hours of satisfactory work not to exceed one hundred eighty days of earned discharge …

Within fifteen days following the end of the month, a supervising parole agent shall report to the department the name of any supervised parolee eligible for the award of discharge credits earned in the previous month. Source: SL 2013, ch 101 , § 37.

A parolee who objects to a parole agent's determination that the parolee is ineligible for the award of earned discharge credits may seek a review with the board. The board may determine if the parolee is eligible for the award of earned discharge credits and order that the credi…

The department shall provide semiannually to the oversight council the number and percentage of parolees who qualify for earned discharge credits and the average amount of credits a parolee earned within the year. Source: SL 2013, ch 101 , § 39.

Each inmate discharging pursuant to § 24-15A-7 or 24-5-2 who owes court-ordered financial obligations on the sentence or sentences discharging shall be transferred by the department to the administrative financial accountability system pursuant to §

Notwithstanding any contrary provision in chapter 24-13 , 24-15 , or 24-15A , an inmate who: (1) Has a terminal illness; (2) Is seriously ill and not likely to recover; (3) Requires extensive medical care or significant chronic medical care; (4) Is at least sixty-five years of ag…

The secretary of corrections may consider referrals for compassionate parole consideration from the inmate's health care provider or the warden. If the secretary determines the inmate meets the criteria for compassionate parole consideration as set forth in § 24-15A-55 , the secr…

The Board of Pardons and Paroles shall consider the following factors in determining the grant or denial of a compassionate parole: (1) The inmate's assessed risk level; (2) The inmate's conduct in prison; (3) The inmate's conduct while on extended confinement, if applicable; (4)…

An inmate may not be released on compassionate parole if the inmate meets the eligibility requirements of a medically indigent person under the provisions of chapter 28-13 . An inmate may not be released on compassionate parole, unless the inmate's release plan ensures the inmate…

The board may grant or deny a compassionate parole. If denied the board shall set the date for the next consideration of compassionate parole not to exceed one year. The board may elect to review the inmate sooner than one year. If the inmate no longer meets the criteria for comp…

The department must establish the sentence discharge date for each inmate based on the total sentence length, minus court ordered jail time credit. The total sentence length is the sum of imprisonment time and any suspended time. In the case of an entirely suspended state incarce…

An inmate is ineligible for compassionate parole once the inmate reaches the parole eligibility date pursuant to § 24-15-5 or the inmate's initial parole date pursuant to §

An inmate granted compassionate parole is subject to the provisions of chapters 24-13 , 24-15 , and 24-15A , including the provisions related to supervision, early final discharge, and revocation of parole, so far as those provisions are consistent with §§ 24-15A-55 to 24-15A-68 …

Nothing in §§ 24-15A-55 to 24-15A-68 , inclusive, or its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner. An inmate is not entitled to compassionate parole or to be considered for compassionate …

Nothing in §§ 24-15A-55 to 24-15A-68 , inclusive, or its application impacts the ability of the warden and the secretary of corrections to place an inmate on extended confinement pursuant §§ 24-2-25 and 24-2-27 or to place the inmate on extended confinement pending compassionate …

Pursuant to chapter 1-26 , the board may promulgate procedural rules for the effective enforcement of §§ 24-15A-55 to 24-15A-68 , inclusive, and for the exercise of the powers and duties conferred upon it. Source: SL 2018, ch 154 , § 10.

An inmate on parole through a compassionate parole release is ineligible for earned discharge credits until the inmate reaches an initial parole date pursuant § 24-15A-32 or an initial parole eligibility date pursuant to §

If an inmate on parole through a compassionate parole release has the inmate's parole revoked, a subsequent consideration of compassionate parole on the same sentence requires a new referral for consideration pursuant to §

As a condition of supervision pursuant to § 24-15A-37 , any inmate released on compassionate parole shall be compliant with medical care and maintain responsibility for health care expenses through self pay or third party payer. Source: SL 2018, ch 154 , § 15.

When a parolee released under compassionate parole reaches their initial parole date pursuant to § 24-15A-32 or their parole eligibility date pursuant to § 24-15-5 and is paroled subject to the provisions of chapters 24-15 and 24-15A they are no longer subject to the provisions o…

Whenever any inmate has been discharged under the provisions of § 24-15A-6 , the inmate shall at the time of discharge be considered as restored to the full rights of citizenship. At the time of the discharge of any inmate under the provisions of this chapter, the inmate shall re…

Upon recommendation of the supervising agent, the board may grant an early final discharge from supervision for a parolee or person serving a suspended sentence under supervision of the board if the board is satisfied that an early final discharge would be in the best interests o…

Upon the recommendation of the supervising agent, the board may grant a partial early final discharge for a parolee or person serving a suspended sentence under supervision of the board if the board is satisfied that a partial early final discharge would be in the best interests …

The chair of the board may designate individual parole board members as hearing officers who may conduct hearings pursuant to this chapter and chapters 24-13 , 24-14 , and 24-15 , take testimony, and make recommendations to the board. The recommendation shall be in writing and re…

Source: SL 1961, ch 46 , § 8; SDCL § 23-58-10; SL 1977, ch 198 , § 14; SL 1978, ch 186 , § 6; SL 1987, ch 13 , § 3; SL 1989, ch 20 , § 175; SL 2018, ch 12 , § 9; SL 2018, ch 151 , § 1.

A parolee may not receive earned discharge credits for the month if the parolee had a violation of conditions resulting in a formal response; (3) No earned discharge credit may accrue for a calendar month in which a violation report has been submitted, the parolee has absconded f…

ARTICLE I PURPOSE The compacting states to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from ea…