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:
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2021 at ____________M.
for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2021
ss. Office of the Secretary of State
Filed ____________, 2021 at _________ o'clock __M.
Secretary of State
Asst. Secretary of State
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