CHAPTER 17:60:03
REVOCATION OF PAROLE
Section
17:60:03:01 Issuance of warrant.
17:60:03:02 Arrest warrant as detainer.
17:60:03:03 Final hearing.
17:60:03:04 Preliminary hearing.
17:60:03:05 Notice of final hearing.
17:60:03:06 Right to counsel.
17:60:03:07 Hearing to determine violation and mitigation.
17:60:03:08 Evidence.
17:60:03:09 Standard of proof.
17:60:03:10 Continuance.
17:60:03:11 Revocation order in writing.
17:60:03:12 Decision -- Transmittal to parolee.
17:60:03:13 Loss of good time.
17:60:03:01 Issuance of warrant. Upon receipt of a report by a parole agent or other supervising authority that reasonable grounds exist to believe that a parolee has violated a condition, special limitation, or rule of supervision, the executive director shall issue or refuse a warrant of arrest.
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.
17:60:03:02. Arrest warrant as detainer. If the parolee is in custody on another charge, the arrest warrant may be lodged as a detainer at the institution where the parolee is being held if the executive director determines it is in the best interest of society and the inmate.
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 24-13-7.
17:60:03:03. Final hearing. A parolee charged with violating a condition, special limitation, or rule of supervision shall be afforded a final hearing within 90 days following the return of the parolee to a South Dakota Department of Corrections facility. The final hearing shall determine whether the parolee has violated a condition, special limitation, or rule of supervision and whether the violation warrants supervision revocation or some other less restrictive disciplinary action, including continuance of supervision with new restrictions. If the parolee admits the violation the parolee may waive an appearance at the revocation hearing with the board.
Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986; 30 SDR 198, effective June 23, 2004; 41 SDR 107, effective January 5, 2015.
General Authority: SDCL 24-13-7.
Law Implemented: SDCL 24-15-23, 24-15-30.
17:60:03:04. Preliminary hearing. A preliminary hearing is not required if the parolee is not under arrest on a board warrant, has signed a waiver of preliminary hearing, has left the State of South Dakota or other approved jurisdiction without authorization and was apprehended outside of that jurisdiction, or has been convicted of a felony or misdemeanor in a South Dakota court, a court of another state, or a federal court. If a preliminary hearing under SDCL 24-15-23 is required and a parolee fails to either receive or waive a preliminary hearing prior to the parolee's return to a South Dakota Department of Corrections facility, the parolee shall receive a preliminary hearing within ten working days of the parolee's return to a South Dakota Department of Corrections facility.
After the preliminary hearing, the hearing officer shall submit to the board a written report on the officer's findings and on the officer's decision resulting from the findings. The report shall be submitted to the board within ten days after the preliminary hearing.
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 24-15-23.
17:60:03:05. Notice of final hearing. The board shall notify the parolee and counsel, if any, in writing of the following:
(1) The date, time, and place of the final hearing;
(2) The charges against the parolee, specifying each condition, special limitation, or rule of supervision violated and setting forth the circumstances of the alleged violation;
(3) That the parolee has a right to a hearing, to have witnesses testify on the parolee's behalf, and to present evidence on the parolee's behalf;
(4) That the parolee has a right to be represented by counsel at the hearing; and
(5) That the parolee or counsel has a right to cross-examine witnesses appearing against the parolee unless the board finds good cause for denying this right. "Good cause" includes a situation in which a witness before the board would have legitimate concerns about the witness's safety and well-being if the witness's identity would become known to the parolee.
Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986; 30 SDR 198, effective June 23, 2004; 41 SDR 107, effective January 5, 2015.
General Authority: SDCL 24-13-7.
Law Implemented: SDCL 24-15-23, 24-15-24.
17:60:03:06. Right to counsel. If the parolee appears without counsel at the final hearing, the board shall determine that the parolee understands the right to counsel. If the board is satisfied that the parolee's waiver of counsel is knowingly, intelligently, and freely made, the board shall accept a waiver of counsel. If the parolee desires counsel and is without means to obtain counsel, the board shall notify the sentencing court and request the appointment of counsel.
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, 24-15-24.
Cross-Reference: Compensation of assigned counsel, SDCL 23A-40-8.
17:60:03:07. Hearing to determine violation and mitigation. The final hearing shall include a determination of any contested facts. The parolee may introduce evidence to establish that the conditions and rules of supervision have not been violated or, if a violation has occurred, that mitigating circumstances do not warrant revocation.
Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986.
General Authority: SDCL 24-13-7.
Law Implemented: SDCL 24-15-24.
17:60:03:08. Evidence. Evidence at the final hearing may include testimony, affidavits, letters, and other material not ordinarily admissible in a criminal proceeding.
Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986.
General Authority: SDCL 24-13-7.
17:60:03:09. Standard of proof. If the board is
reasonably satisfied that one or more conditions, special limitations, or rules
of supervision have been violated, the board may revoke supervision. The board
shall give full consideration to any mitigating circumstances presented by the
parolee.
Source:
4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986; 30
SDR 198, effective June 23, 2004; 35 SDR 47, effective September 8, 2008.
General
Authority: SDCL 24-13-7.
Law
Implemented: SDCL 24-13-7, 24-15-24.
17:60:03:10. Continuance. The board may order a continuance of a hearing on the request of the inmate, the state, or counsel for either party, or on the board's own motion, if it appears to be in the best interest of justice or for good cause.
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.
17:60:03:11. Revocation order in writing. If a revocation is ordered, the decision shall be in writing and shall specifically state the findings of fact and conclusions of law which support the order.
Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986.
General Authority: SDCL 24-13-7.
Law Implemented: SDCL 24-15-24.
17:60:03:12. Decision -- Transmittal to parolee. The decision of the board at a final hearing shall be furnished as soon as practical within ten days to the parolee and any counsel.
Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986.
General Authority: SDCL 24-13-7.
Law Implemented: SDCL 24-15-24.
17:60:03:13. Loss of good time. A notice of good time which the board orders withheld because of supervision revocation shall be furnished to the inmate. The inmate may request the return of withheld good time when next appearing for parole. The board may consider the inmate's institutional record since the inmate's return to the institution and may return any or all of the good time previously withheld.
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 24-15-24.
