State of South Dakota
LEGISLATIVE ASSEMBLY, 2019
||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 That § 24-13-4.6 be repealed.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 No person may be paroled or denied parole, recommended for clemency, nor may a person's parole be revoked or rescinded without the concurrence of two board members.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.