24-13-1
Composition of board--Appointment of members.
24-13-2
Terms of board members--Vacancies--Training.
24-13-3
Direction and supervision of Board of Pardons and Paroles--Records and reports--Coordination of programs.
24-13-4
Chair of board--Meetings.
24-13-4.1
Quorum.
24-13-4.2 to 24-13-4.5. Repealed.
24-13-4.6
Repealed.
24-13-5
Compensation and expenses of board members.
24-13-6
Meetings at department facilities to consider clemency and paroles--Facilities--Cooperation by penitentiary personnel.
24-13-7
Procedural rules of board--Consideration in granting or denying parole.
24-13-8
Board process for witnesses and evidence--Administration of oaths.
24-13-9
Appointment and salary of executive director.
24-13-10
Duties of executive director.
24-13-11
Hearings by teleconference--Electronic document transfer.
24-13-12
Inapplicability of certain evidence rules.
24-13-13
Former board member service as auxiliary member.
24-13-14
Restrictions on service of auxiliary member.
24-13-15
Maximum number of members conducting hearing or taking action.
24-13-16
Auxiliary member not to serve as chair.
24-13-1. Composition of board--Appointment of members.
The Board of Pardons and Paroles shall consist of nine members. Three members shall be appointed by the Governor; at least one shall be an attorney. Three members shall be appointed by the attorney general; at least one shall be an attorney. Three members shall be appointed by the Supreme Court; at least one shall be an attorney. Each member of the board shall be a resident of South Dakota and be appointed with the advice and consent of the Senate.
Source: SL 1961, ch 46, § 1; SDCL, § 23-58-1; SL 1978, ch 186, § 2; SL 1992, ch 177, § 2; SL 2002, ch 123, § 1.
24-13-2. Terms of board members--Vacancies--Training.
The members of the board shall serve for terms of four years. Members are eligible for reappointment. The Governor, the attorney general, and the Supreme Court each shall appoint three members, whose terms shall expire on the third Monday in January of the fourth year after appointment. Each member shall serve until a successor takes office as provided by law. In case of a vacancy, the appointing power shall make an interim appointment to expire at the end of the next legislative session. Each member of the board shall complete annual training developed in consideration of information from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association and shall be compensated for the training at a rate to be determined by the Department of Corrections. Each first-time appointee of the board shall, within sixty days of appointment, complete training for first-time parole board members developed in consideration of information from the National Institute of Corrections, the Association of Paroling Authorities, or the American Probation and Parole Association. Training components shall include the use of a validated risk and needs assessment and the use of data guided by evidence-based practices for making parole decisions.
Source: SL 1961, ch 46, § 1; SDCL § 23-58-1; SL 1978, ch 186, § 3; SL 1992, ch 177, § 3; SL 2002, ch 123, § 2; SL 2013, ch 101, § 34.
24-13-3. Direction and supervision of Board of Pardons and Paroles--Records and reports--Coordination of programs.
The Board of Pardons and Paroles shall be administered under the direction and supervision of the Department of Corrections but shall retain the quasi-judicial, quasi-legislative, advisory, and other nonadministrative functions otherwise vested in it, and shall exercise those functions independently of the Department of Corrections. The Board of Pardons and Paroles shall submit records, information, and reports in the form and at such times as required by the secretary of corrections, except that the Board of Pardons and Paroles shall report at least annually. The Board of Pardons and Paroles shall also coordinate programs under its jurisdiction with related programs under the jurisdiction of the Department of Corrections.
Source: SL 1973, ch 2, § 85; SL 1977, ch 198, § 13; SDCL Supp, § 23-58-1.1; SL 1978, ch 186, § 1; SL 1989, ch 20, § 169.
24-13-4. Chair of board--Meetings.
At the first meeting in each year, the board shall select one of its members as chair. The board shall meet at the times and places prescribed by its rules and whenever called together by the chair.
Source: SL 1961, ch 46, §§ 1, 3; SDCL, § 23-58-4; SL 1978, ch 186, § 7; SL 1979, ch 164, § 1; SL 1990, ch 183, § 1; SL 1992, ch 177, § 5; SL 2004, ch 168, § 41.
24-13-4.1. Quorum.
A majority of the members shall constitute a quorum for official administrative business.
Source: SL 1992, ch 177, § 6.
24-13-5. Compensation and expenses of board members.
Each member of the Board of Pardons and Paroles shall receive compensation and expense reimbursement set pursuant to § 4-7-10.4 for attending meetings or performing duties of the board.
Source: SL 1961, ch 46, § 1; SDCL, § 23-58-2; SL 1978, ch 186, § 4.
24-13-6. Meetings at department facilities to consider clemency and paroles--Facilities--Cooperation by penitentiary personnel.
The Board of Pardons and Paroles shall meet in open session at facilities provided by the Department of Corrections at least every three months to hear applications for parole, to grant the privilege of parole to deserving inmates, for the discussion and adoption of policy, for revocation and recension decisions, to review agenda items and upon request of the Governor, make recommendation for pardon, commutation, reprieve, or remission of fines or forfeitures. A properly furnished room shall be made available by the Department of Corrections for hearings before the board. All officers and employees of the Department of Corrections shall at all times cooperate with the Board of Pardons and Paroles and the executive director of the board, give access to all inmates, and furnish such information as the board or the director may request pertaining to the performance of their duties. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner.
Source: SL 1961, ch 46, § 3; SDCL, § 23-58-5; SL 1978, ch 186, § 8; SL 1985, ch 205, § 2; SL 1989, ch 20, § 171; SL 1992, ch 177, § 12.
24-13-7. Procedural rules of board--Consideration in granting or denying parole.
Pursuant to chapter 1-26, the Board of Pardons and Paroles may promulgate procedural rules for the effective enforcement of chapters 24-13 to 24-15, inclusive, and for the exercise of powers and duties conferred upon it. Additionally, the Board of Pardons and Paroles may utilize the following standards in granting or denying paroles or in assisting inmates in an assessment of their rehabilitation needs:
(1) The inmate's personal and family history;
(2) The inmate's attitude, character, capabilities, and habits;
(3) The nature and circumstances of the inmate's offense;
(4) The number, nature, and circumstances of the inmate's prior offenses;
(5) The successful completion or revocation of previous probation or parole granted to the inmate;
(6) The inmate's conduct in the institution, including efforts directed towards self-improvement;
(7) The inmate's understanding of his or her own problems and the willingness to work towards overcoming them;
(8) The inmate's total personality as it reflects on the possibility that the inmate will lead a law-abiding life without harm to society;
(9) The inmate's family and marital circumstances and the willingness of the family and others to help the inmate upon release on parole from the institution;
(10) The soundness of the parole program and whether it will promote the rehabilitation of the inmate;
(11) The inmate's specific employment and plans for further formal education or training;
(12) The inmate's plan for additional treatment and rehabilitation while on parole;
(13) The effect of the inmate's release on the community;
(14) The effect of the inmate's release on the administration of justice; and
(15) The effect of the inmate's release on the victims of crimes committed by the inmate.
Neither this section or its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner.
Source: SL 1961, ch 46, § 4; SDCL, § 23-58-7; SL 1978, ch 186, § 11; SL 1985, ch 205, § 3; SL 2004, ch 168, § 46.
24-13-8. Board process for witnesses and evidence--Administration of oaths.
The Board of Pardons and Paroles may issue process requiring the presence of any person before it and require the production of papers, records, and exhibits in any matter pending before it. Any member of the board may administer oaths to witnesses appearing before it.
Source: SL 1961, ch 46, § 5; SDCL, § 23-58-8; SL 1978, ch 186, § 12.
24-13-9. Appointment and salary of executive director.
The secretary of corrections, after consulting with the Board of Pardons and Paroles, shall appoint an executive director for the Board of Pardons and Paroles to serve at the secretary's pleasure, who shall receive an annual salary fixed by the secretary.
Source: SL 1961, ch 46, § 2; SDCL, § 23-58-3; SL 1978, ch 186, § 5; SL 1989, ch 20, § 170; SL 1992, ch 177, § 13.
24-13-10. Duties of executive director.
The executive director shall:
(1) Keep minutes of all proceedings of the Board of Pardons and Paroles, keep a record of every application for a pardon, commutation, reprieve, or remission of a fine or forfeiture filed with the board and of all findings of the board and the disposition of each application;
(2) Transmit to the Governor a copy of the board's recommendation for any pardon, commutation, reprieve, or remission of a fine or forfeiture, together with related papers and exhibits;
(3) Keep a record of all paroles granted;
(4) Keep all files, accounts, and records of the board;
(5) Transmit the decisions and orders of the board to the Department of Corrections such that the department may fulfill its duties in supervising parolees;
(6) Cooperate and coordinate with any employee of the Department of Corrections designated by the secretary to supervise parolees;
(7) Supervise all administrative staff of the Board of Pardons and Parolees; and
(8) Perform such other duties as the board and the secretary may prescribe.
Source: SL 1961, ch 46, § 2; SDCL, § 23-58-6; SL 1978, ch 186, § 10; SL 1989, ch 20, § 172; SL 1992, ch 177, § 14.
24-13-11. Hearings by teleconference--Electronic document transfer.
The Board of Pardons and Paroles may conduct hearings by teleconference during a regularly scheduled hearing. The board may receive documentary evidence via facsimile machines or other electronic means of document transfer.
Source: SL 1990, ch 183, § 2; SL 1992, ch 177, § 15; SL 1997, ch 148, § 1; SL 2001, ch 125, § 1; SL 2012, ch 137, § 4.
24-13-12. Inapplicability of certain evidence rules.
The provisions of articles I to IV, inclusive, and articles VI to XI, inclusive, of chapter 19-19 do not apply in proceedings before the Board of Pardons and Paroles.
Source: SL 2009, ch 127, § 1.
24-13-13. Former board member service as auxiliary member.
A former member of the Board of Pardons and Paroles is eligible, upon the request of the chair of the Board of Pardons and Paroles, to serve as an auxiliary member for a period of four years following the former member's service on the board. An auxiliary member has the same statutory powers and privileges, unless otherwise excluded pursuant to §§ 24-13-14 to 24-13-16, inclusive, as a member of the Board of Pardons and Paroles. Service as an auxiliary member does not require appointment pursuant to § 24-13-1.
Source: SL 2015, ch 144, § 1.
24-13-14. Restrictions on service of auxiliary member.
No more than one auxiliary member may serve on a single hearing panel pursuant to § 24-15A-10. No auxiliary member may serve as a hearing officer pursuant to § 24-15A-9.
Source: SL 2015, ch 144, § 2.
24-13-15. Maximum number of members conducting hearing or taking action.
The Board of Pardons and Paroles may not have more than nine members, including auxiliary members, conducting a hearing or taking action on a parole or clemency matter.
Source: SL 2015, ch 144, § 3.
24-13-16. Auxiliary member not to serve as chair.
No auxiliary member may serve as chair of the Board of Pardons and Paroles.
Source: SL 2015, ch 144, § 4.
