17:60:05:12. Grounds for recommending executive clemency. The factors to be considered by the board in all hearings on applications for executive clemency may include the following:
(1) Substantial evidence indicates that the sentence is excessive or constitutes a miscarriage of justice;
(2) The applicant's innocence of the crime for which the applicant was convicted under South Dakota law has been proven by clear and convincing evidence;
(3) The applicant has shown remarkable rehabilitation;
(4) Substantial evidence indicates that the board should be in a position at the earliest possible time to deal with the applicant as a parolee under supervision;
(5) Review of the applicant's personal and family history; the applicant's attitude, character, capabilities, and habits; the nature and circumstances of the offense or offenses; and the effect the applicant's clemency will have on the victims of the crime and the community indicates that applicant has carried the stigma of the crime for a long enough period to justify its removal;
(6) The applicant wishes to pursue a professional career from which society can benefit, but a conviction prevents it; and
(7) The applicant's age and medical status is such that it is in the best interest of society that the applicant receive clemency.
Source: 12 SDR 162, effective April 20, 1986; 33 SDR 43, effective September 18, 2006.
General Authority: SDCL 24-13-7.
Law Implemented: SDCL 24-14-1, 24-14-6.
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