An Act to revise the requirements of setting discretionary parole dates by the board.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 24-15A-29 be AMENDED.

24-15A-29. Discretionary parole date on revocation--Conditions--Discretionary hearings.

If a parole is revoked, the The board shall establish a discretionary parole date of not more than two years from the date of revocation if:

(1) An offender's parole or suspended sentence is revoked and imposed following release to parole supervision; or

(2) An offender's suspended sentence is revoked and imposed after the offender has been found noncompliant under § 24-15A-39.

Subsequent discretionary hearings shall be held at intervals of not more than two years. The board is not required to see an inmate for a discretionary parole hearing at two-year intervals following a revocation if the inmate receives an additional felony sentence or has a suspended sentence imposed which that carries a first an initial parole date longer than two years from the revocation. If a suspended sentence is revoked and the sentence is imposed, a parole date shall be calculated based on the imposed term. If a suspended sentence is revoked and imposed prior to the initial parole date on the incarceration term of the sentence prior to the imposition of the suspended sentence, the parole date calculated on the imposed sentence is an initial parole date with parole release subject to § 24-15A-38. If a suspended sentence is revoked and imposed after the inmate has been released on parole, or found noncompliant under § 24-15A-39, the parole date is a discretionary date.

Section 2. That a NEW SECTION be added:

24-15A-29.1. Parole date on revocation prior to release.

If a suspended sentence is revoked and imposed prior to the initial parole date, a new initial parole date subject to § 24-15A-38 shall be calculated on the newly imposed incarceration term.