CHAPTER 17:60:01
GENERAL PROVISIONS
Section
17:60:01:00 Definitions.
17:60:01:01 Repealed.
17:60:01:02 Meetings of the board to consider clemency.
17:60:01:03 Repealed.
17:60:01:04 Location and schedule of meetings.
17:60:01:05 Repealed.
17:60:01:06 Hearings -- Representation.
17:60:01:00. Definitions. Words used in this article mean:
(1) "Parole," discretionary action by the Board of Pardons and Paroles as defined by SDCL 24-15-1.1;
(2) "Board," the Board of Pardons and Paroles as established by SDCL 24-13-1;
(3) "Executive director," the director of the Board of Pardons and Paroles as defined by SDCL 24-13-9 with the duties defined by SDCL 24-13-10;
(4) "Clemency," actions as defined by SDCL 24-14-2;
(5) "Pardon," an act of the Governor to remove disabilities suffered by an individual as the result of a conviction;
(6) "Parolee," an individual who has been conditionally released to parole or suspended sentence from a South Dakota Department of Corrections facility prior to the expiration of the individual's sentence under the supervision of the Department of Corrections.
Source: 12 SDR 162, effective April 20, 1986; 30 SDR 198, effective June 23, 2004.
General Authority: SDCL 24-13-7.
Law Implemented: SDCL 24-13-7.
17:60:01:01. Regular meetings of the board.Repealed.
Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986; repealed, 30 SDR 198, effective June 23, 2004.
17:60:01:02. Meetings of the board to consider clemency. Applications for executive clemency shall be considered at any meeting of the board.
Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986; 30 SDR 198, effective June 23, 2004.
General Authority: SDCL 24-13-7.
17:60:01:03. Changing date of regular meetings -- Notice required.Repealed.
Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986; repealed, 30 SDR 198, effective June 23, 2004.
17:60:01:04. Location and schedule of meetings. The
regular meetings of the board shall be at South Dakota Department of
Corrections facilities. Prior to the first day of each calendar year, the board
shall publish a schedule of hearing dates and locations for the upcoming
calendar year. The board may hear special cases at any other time and at any
place within the state by giving written notice to the inmate whose case is to
be heard at least five days before the hearing. The notice shall be furnished also
to the inmate's attorney, if known to the board.
Source:
4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986; 30
SDR 198, effective June 23, 2004; 33 SDR 43, effective September 18, 2006.
General
Authority: SDCL 24-13-7.
Law
Implemented: SDCL 24-13-4, 24-13-6.
17:60:01:05. Voting.Repealed.
Source: 4 SDR 54, effective February 23, 1978; repealed, 12 SDR 162, effective April 20, 1986.
17:60:01:06. Hearings -- Representation. Any verbal argument or petition before the board favoring or opposing an application for parole or an application for executive clemency by a person not officially connected with the Department of Corrections shall be considered. Any written statement that may have a bearing on the case shall be accepted.
Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986; 41 SDR 107, effective January 5, 2015.
General Authority: SDCL 24-13-7.
Law Implemented: SDCL 24-13-7, 24-13-11.
