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Administrative Rules
Rule 17:60:02 PAROLES

CHAPTER 17:60:02

PAROLES

Section

17:60:02:01        Purpose of parole hearing.

17:60:02:02        Time for hearing.

17:60:02:03        Continuance of hearing.

17:60:02:04        Repealed.

17:60:02:05        Reapplication after revocation.

17:60:02:06        Effect of detainers.

17:60:02:07        Repealed.

17:60:02:08        Notification of action.

17:60:02:09        Supervision agreement.




Rule 17:60:02:01 Purpose of parole hearing.

          17:60:02:01.  Purpose of parole hearing. A parole hearing with the board shall provide to each inmate whose application is considered an opportunity to present to the board a statement of the inmate's needs, desires, problems, evaluation of present progress, and plans for the future. The board shall consider the presentation by the inmate; shall consider the presentations of other persons favoring or opposing parole; shall review all available history, medical, social, and psychological information, past and present difficulties, institutional adjustment, and progress of the inmate; and shall consider treatment possibilities or other plans for the inmate.

 

          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, 24-15-8.

 




Rule 17:60:02:02 Time for hearing.

          17:60:02:02.  Time for hearing. Each inmate applying for parole shall be offered a hearing during the regular meeting of the board in the month immediately preceding the date the inmate is eligible for parole or, at the discretion of the board, in the month during which the inmate becomes eligible for parole. If the victim submits a request to be notified of the hearing, the executive director shall provide notice to the victim at least ten days before the hearing. The notice shall be forwarded to the place of notification provided by the victim.

 

          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 24-15-3. 24-15-8.

 




Rule 17:60:02:03 Continuance of hearing.

          17:60:02:03.  Continuance of hearing. The board may continue the hearing on an application for parole for a period of time not to exceed seven months and may make recommendations to the inmate on rehabilitation needs. The inmate shall be advised of any such continuance.

          Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986.

          General Authority: SDCL 24-13-7.

          Law Implemented: SDCL 24-15-10.




Rule 17:60:02:04 Repealed.

          17:60:02:04.  Reapplication after denial.Repealed.

          Source: 4 SDR 54, effective February 23, 1978; repealed, 12 SDR 162, effective April 20, 1986.




Rule 17:60:02:05 Reapplication after revocation.

          17:60:02:05.  Reapplication after revocation. An inmate whose parole has been revoked may reapply for parole eight months after the date of revocation. If the revocation is at the parolee's own request, this provision does not apply.

          Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986.

          General Authority: SDCL 24-13-7.

          Law Implemented: SDCL 24-13-7.




Rule 17:60:02:06 Effect of detainers.

          17:60:02:06.  Effect of detainers. The board may not take final action on an application for parole until all felony detainers have been disposed of by the inmate except as follows:

 

          (1)  The board may take tentative action which would become final when all such detainers have been removed; and

 

          (2)  The board may grant parole to any jurisdiction which has lodged a detainer for the purpose of effecting dual supervision of the inmate.

 

          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, 24-15A-42.

          Law Implemented: SDCL 24-13-7, 24-15A-41.1.

 




Rule 17:60:02:07 Repealed.

          17:60:02:07.  Factors considered.Repealed.

          Source: 4 SDR 54, effective February 23, 1978; repealed, 12 SDR 162, effective April 20, 1986.




Rule 17:60:02:08 Notification of action.

          17:60:02:08.  Notification of action. If an application for parole is granted or denied, the board shall give written notice to the inmate and the warden within ten days after adjournment of the meeting at which the action was taken. The denial may set forth the factor or factors listed in SDCL 24-13-7 as guidelines for assisting an inmate in assessing his rehabilitation needs. If the victim has requested notification, the executive director shall forward notice pursuant to SDCL 23A-28C-1 and SDCL subdivision 23A-28C-5(3) to the victim within ten days after adjournment to the place of notification provided by the victim.

 

          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.

 




Rule 17:60:02:09 Supervision agreement.

          17:60:02:09.  Supervision agreement. Before being released on parole or suspended sentence, the inmate shall execute a supervision agreement setting forth the general and special limitations, restrictions, and conditions that are imposed by the board, the executive director, a parole supervisor, and a parole agent. Any violation of institution rules after being paroled but before actual release may be considered a violation of parole.

          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.

          Law Implemented: SDCL 24-15-11.

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