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SDLRC - 2021 Senate Bill 16 - SD Legislature revise the requirements of setting discretionary parole dates by the board.

21.276.14 96th Legislative Session 400

2021 South Dakota Legislature

Senate Bill 16

ENROLLED

An Act

ENTITLED 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.

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 that carries an initial parole date longer than two years from the revocation.

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.

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

I certify that the attached Act originated in the:

Senate as Bill No. 16

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk

Senate Bill No. 16

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2021 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2021

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2021

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State