State of South Dakota
LEGISLATIVE ASSEMBLY, 2019
||HOUSE BILL NO. 1228 |
Introduced by: Representative Brunner and Senators Nesiba and Wismer
FOR AN ACT ENTITLED, An Act to provide for certain inmates to petition for concurrent sentences.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 24-15A be amended by adding a NEW SECTION to read:
Notwithstanding any other law, for any inmate serving consecutive sentences, the inmate may petition the sentencing court to have the sentences made concurrent if the inmate:
(1) Was sentenced for a conviction of a Class 2 felony or below;
(2) Has served at least ten consecutive years of the total sentenced to be served;
(3) Is at least sixty years of age;
(4) Is considered a chronic care or extensive care inmate, and whose care costs or will cost the department at least one hundred fifty percent of the average cost per inmate;
(5) Has adequate resources for care upon release, including living accommodations and health care;
(6) Is in compliance with all rules of discipline, including the inmate's individual program directive; and
(7) Does not present a threat to public safety upon release.