2019 House Bill 1005 - Introduced

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

400B0308   HOUSE BILL   NO.  1005  

Introduced by:    The Committee on Judiciary at the request of the Department of Corrections
 

        FOR AN ACT ENTITLED, An Act to authorize a hearing panel of the Board of Pardons and Paroles to make clemency recommendations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 24-13-4.6 be repealed.
    24-13-4.6. No recommendation for the commutation of a sentence or for a pardon including an exceptional pardon authorized by § 24-14-8, may be made by less than the majority vote of all members of the Board of Pardons and Paroles.
    Section 2. That § 24-15A-10 be amended to read:
    24-15A-10. 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, exclusive of a clemency recommendation to the Governor in accordance with § 24-13-4.6.
    Section 3. That § 24-15A-11 be amended to read:
    24-15A-11. No person may be paroled or denied parole, recommended for clemency, nor may a person's parole be revoked or rescinded without the concurrence of two board members.
    Section 4. That chapter 24-15A be amended by adding a NEW SECTION to read:
    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.

Click message to listen