CHAPTER 24-15
PAROLES FROM STATE CORRECTIONAL FACILITIES
24-15-1 Files and case histories of inmates--Purposes--Access to file.
24-15-1.1 Parole defined--Prisoner not required to accept parole--No right to parole.
24-15-1.2 Prior felonies--Determination and effect on parole eligibility.
24-15-2 Contents and sources for case histories.
24-15-3 Establishment of date of parole consideration eligibility--Change--Hearing--Completion of history--Findings regarding inmate.
24-15-4 Inmate sentenced to life imprisonment ineligible for parole--Exception.
24-15-4.1 Inmate sentenced to term of imprisonment ineligible for parole--Exception--No discharge credit.
24-15-4.2 Inmate sentenced to term of imprisonment ineligible for parole--Exception--Limited discharge credit.
24-15-5 Time of eligibility for parole.
24-15-6 Effect of concurrent sentences on eligibility for parole.
24-15-7 Effect of consecutive sentences on eligibility for consideration for parole.
24-15-7.1 Effect of consecutive sentence for offense committed as an inmate.
24-15-8 Right of eligible inmate to hearing before board--Decline of parole--Waiver of hearing--Criteria for parole.
24-15-8.1 24-15-8.1 to 24-15-8.3. Repealed by SL 2014, ch 116, §§ 13 to 15.
24-15-9 Transfer of inmate to Human Services Center--Return to correctional facility.
24-15-10 Application for parole or clemency--Waiting period if denied--Period for crime of violence.
24-15-11 Restrictions on parolee--Bond--Restitution--Child support--Supervision fees.
24-15-11.1 Substituting community service for supervision fees.
24-15-11.2 Revenue to general fund.
24-15-11.3 Promulgation of rules establishing supervision fees.
24-15-12 Clothing and travel expense for parolee.
24-15-13 Legal custody of parolee--Conviction remains in effect.
24-15-14 Supervision of parolees--Employment of personnel.
24-15-15 Out-of-state employment of parolee--Supervision by other state--State laws remaining applicable.
24-15-16 Interstate agreements for supervision and return of parolees unimpaired.
24-15-17 24-15-17, 24-15-18. Repealed by SL 1983, ch 200, §§ 1, 2
24-15-19 Powers of Department of Corrections when purposes of parole not being served.
24-15-20 Order to show cause against parole revocation--Grounds.
24-15-21 Warrant to arrest parolee or inmate--Suspension of parole supervision time--Time credited.
24-15-22 Records and report to board on return of parolee to correctional facility.
24-15-23 Preliminary hearing on parole violation--Waiver of preliminary hearing--Detention for board hearing--Waiver of appearance at revocation hearing.
24-15-23.1 Preliminary hearing on parole violation not required under certain conditions.
24-15-23.2 Failure to provide preliminary hearing prior to return to facility--Hearing required after return.
24-15-24 Revocation or modification of parole.
24-15-25 Parole of mentally ill inmate--Continuation of treatment as condition.
24-15-26 Arrest of parolee--Notification to executive director.
24-15-27 Request to modify parole agreement.
24-15-28 County expenses in detaining parole violator--Reimbursement--Limit--Timeframe--Exclusion.
24-15-29 County expenses in detaining parole violator--Reimbursement--Process.
24-15-30 Written waiver of right to hearing or appearance.
24-15-1. Files and case histories of inmates--Purposes--Access to file.
If a defendant is sentenced to a state correctional facility, the Department of Corrections shall develop a file which shall contain a complete history of that person. The executive director of the Board of Pardons and Paroles shall generate an adequate case history of each inmate of a state correctional facility to enable the executive director to make recommendations to the Board of Pardons and Paroles. The case history shall include results of risk and needs assessments of the inmate conducted by the department and other agencies as available and copies of documents relevant to supervision, treatment, and violation decisions in the inmate's prior prison, probation and parole custodies. The case history shall be transferred and kept as a permanent record of the Department of Corrections, solely for the proper supervision of the inmate by the Department of Corrections and as a guide to the inmate's needs. Except for the information authorized for release pursuant to § 24-2-20, no person other than members of the Board of Pardons and Paroles, its executive director, the secretary of corrections, or any person specifically delegated for such access by the secretary of corrections, may inspect such file unless otherwise ordered by a circuit court or subpoena after notice to the secretary of corrections and an opportunity for a hearing on any objections to inspection. The secretary shall have ten days after receipt of the notice to inform the court if the secretary requests a hearing.
Source: SDC 1939, § 13.5304 as added by SL 1955, ch 31, § 2; SL 1964, ch 33, § 6; SDCL §§ 23-57-11, 23-60-1, 23-60-2; SL 1977, ch 198, § 11; SL 1978, ch 186, § 16; SL 1987, ch 13, § 2; SL 1989, ch 20, § 173; SL 1991, ch 209, § 1; SL 1992, ch 177, § 16; SL 2001, ch 118, § 2; SL 2004, ch 168, § 51; SL 2011, ch 127, § 1; SL 2013, ch 101, § 30; SL 2023, ch 82, § 80.
24-15-1.1. Parole defined--Prisoner not required to accept parole--No right to parole.
Parole is the discretionary conditional release of an inmate from actual state correctional facility custody before the expiration of the inmate's term of imprisonment. The prisoner remains an inmate under the legal custody of the Department of Corrections until the expiration of the inmate's term of imprisonment. A prisoner is not required to accept a conditional parole. A prisoner is never entitled to parole. However, parole may be granted if in the judgment of the Board of Pardons and Paroles granting a parole would be in the best interests of society and the prisoner.
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 1985, ch 205, § 1; SL 1989, ch 20, § 174; SL 2004, ch 168, § 52; SL 2023, ch 82, § 81.
24-15-1.2. Prior felonies--Determination and effect on parole eligibility.
The determination of whether a prior offense is a felony for the purposes of this chapter shall be determined by whether it is a felony under the laws of this state, any other state, or the United States at the time of conviction of the offense. Any felony conviction in this state, any other state, or the United States shall be considered to determine parole eligibility under §§ 24-15-4 and 24-15-5.
Source: SL 1986, ch 204.
24-15-2. Contents and sources for case histories.
The executive director of the Board of Pardons and Paroles in preparing each case history shall:
(1) Adopt and implement a procedure by which a report shall be completed to contain the life history of each inmate;
(2) Receive from the Department of Corrections a copy of the true record of each inmate which specifies each infraction of rules and the disciplinary action taken; and
(3) Enlist the services of any sheriff, state's attorney, circuit judge, or other officer who may have knowledge concerning each inmate, or circumstances surrounding the commission of the crime for which the inmate was sentenced, or the inmate's previous history.
Source: SDC 1939, § 13.5304 as added by SL 1955, ch 31, § 2; SL 1964, ch 33, § 6; SDCL, § 23-60-3; SL 1978, ch 186, § 17; SL 1992, ch 177, § 17; SL 2004, ch 168, § 53.
24-15-3. Establishment of date of parole consideration eligibility--Change--Hearing--Completion of history--Findings regarding inmate.
Whenever any person becomes an inmate of a state correctional facility, the Department of Corrections must immediately establish in the record the date when the inmate will be eligible for consideration for parole. Such consideration for a parole eligibility date is subject to change upon receipt of information regarding a change in the number of prior felony convictions or any subsequent felony convictions. Any inmate who is aggrieved by the established parole consideration eligibility date may apply for a hearing before the Board of Pardons and Paroles for a final determination of the true and correct parole consideration eligibility date. Between the date a person becomes an inmate of the state correctional facility and the date on which the person becomes eligible for consideration for parole, the department must complete the history of the inmate and must study the life, habits, previous environment, and nature of the inmate to determine the advisability of recommending the inmate for parole when the inmate becomes eligible to be considered. At least ten days before the date of eligibility the department must submit to the board the findings regarding the inmate.
Source: SDC 1939, § 13.5304 as added by SL 1955, ch 31, § 2; SL 1964, ch 33, § 6; SDCL § 23-60-4; SL 1978, ch 186, § 19; SL 1984, ch 180, § 3; SL 1986, ch 205, § 4; SL 1986, ch 206; SL 2004, ch 168, § 54; SL 2014, ch 116, § 12; SL 2023, ch 82, § 82.
24-15-4. Inmate sentenced to life imprisonment ineligible for parole--Exception.
No inmate sentenced to life imprisonment is eligible for parole by the Board of Pardons and Paroles except as provided in §§ 24-15A-55 to 24-15A-68, inclusive.
Source: SDC 1939, § 13.5302; SL 1964, ch 33, § 5; SDCL § 23-60-15; SL 1978, ch 186, § 21; SL 2004, ch 168, § 55; SL 2018, ch 154, § 11.
24-15-4.1. Inmate sentenced to term of imprisonment ineligible for parole--Exception--No discharge credit.
For the purposes of this section, the term, offense, means any of the following:
(1) Manslaughter in the first degree, as defined in § 22-16-15;
(2) Kidnapping in the first degree, as defined in § 22-19-1;
(3) Rape in the first degree, as defined in § 22-22-1;
(4) Rape in the second degree, as defined in § 22-22-1;
(5) Torture of a human trafficking victim, as defined in § 22-49-5;
(6) Commission of a felony while armed with firearms, as defined in § 22-14-12;
(7) Aggravated assault against a law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer, as defined in § 22-18-1.05;
(8) Aggravated battery of an infant, as defined in § 22-18-1.4;
(9) Assault with intent to cause serious permanent disfigurement, as defined in § 22-18-1.5;
(10) Robbery in the first degree, as defined in § 22-30-6;
(11) First degree burglary, as defined in § 22-32-1;
(12) First degree arson, as defined in § 22-33-9.1; and
(13) First degree human trafficking, as defined in § 22-49-2.
An inmate convicted of and sentenced for an offense as specified in this section, for a crime committed on or after July 1, 2023, is not eligible for parole by the Board of Pardons and Paroles, except as provided in §§ 24-15A-55 to 24-15A-68, inclusive. An inmate shall serve the full term of imprisonment imposed by the court for the offense. The court shall retain the discretion to suspend a portion of the prison sentence required. If the court suspends a portion of the prison sentence, the Board of Pardons and Paroles shall supervise the suspended time and has the authority to revoke the suspended portion of the sentence for failing to follow the conditions of release.
An inmate may earn any credit for which the inmate is eligible. However, such credits may only be used for increased privileges and may not be used to reduce the sentence imposed by the court.
Source: SL 2023, ch 80, § 1.
24-15-4.2. Inmate sentenced to term of imprisonment ineligible for parole--Exception--Limited discharge credit.
For the purposes of this section, the term, offense, means any of the following:
(1) Vehicular homicide, as defined in § 22-16-41;
(2) Aggravated assault, as defined in § 22-18-1.1;
(3) Aggravated criminal battery of an unborn child, as defined in § 22-18-1.3;
(4) Kidnapping in the second degree, as defined in § 22-19-1.1;
(5) Second degree burglary, as defined in § 22-32-3;
(6) Riot, as defined in § 22-10-1;
(7) Manslaughter in the second degree, as defined in § 22-16-20;
(8) Second degree human trafficking, as defined in § 22-49-3;
(9) Felony child abuse, as defined in § 26-10-1; and
(10) Attempt to commit, or a conspiracy to commit, or a solicitation to commit any offense enumerated in § 24-15-4.1.
An inmate convicted of and sentenced for an offense as specified in this section, for a crime committed on or after July 1, 2023, is not eligible for parole by the Board of Pardons and Paroles except as provided in §§ 24-15A-55 to 24-15A-68, inclusive. An inmate shall serve the full term of imprisonment imposed by the court for the offense. The court shall retain the discretion to suspend a portion of the prison sentence required. If the court suspends a portion of the prison sentence, the Board of Pardons and Paroles shall supervise the suspended time and has the authority to revoke the suspended portion of the sentence for failing to follow the conditions of release.
An inmate may earn any credit for which the inmate is eligible. However, such credits may only be used for increased privileges and may not be used to reduce the sentence imposed by the court, except as otherwise provided in this section.
Discharge credits earned pursuant to §§ 24-15A-50 and 24-15A-50.1 may be used to reduce an inmate's sentence by up to fifteen percent of the sentence imposed by the court that the inmate must serve before becoming eligible for release on parole. Discharge credits may not be used to alter the inmate's sentence expiration date.
Source: SL 2023, ch 80, § 2.
24-15-5. Time of eligibility for parole.
An inmate is eligible for parole, subject to § 24-15-4, after deducting from the inmate's sentence the statutory time granted for good conduct pursuant to § 24-5-1:
(1) If convicted of a felony for the first time, when the inmate has served one-fourth of the time remaining;
(2) If convicted of a felony for the second time, when the inmate has served three-eighths of the time remaining; or
(3) If convicted of a felony three or more times, when the inmate has served one-half of the time remaining.
Source: SDC 1939, § 13.5301; SL 1939, ch 34; SL 1964, ch 33, § 4; SDCL, §§ 23-60-6 to 23-60-9; SL 1975, ch 174, § 1; SL 1978, ch 186, § 20; SL 1988, ch 196, § 2; SL 2004, ch 168, § 56.
24-15-6. Effect of concurrent sentences on eligibility for parole.
In the determination of an inmate's eligibility for parole, two or more convictions arising from the same transaction, for which the sentences are made to run concurrently, shall be considered as one conviction. Two or more sentences arising from different transactions for which the sentences are made to run concurrently shall be considered as separate convictions.
Source: SDC 1939, § 13.5301 as added by SL 1939, ch 34; SL 1964, ch 33, § 4; SDCL, § 23-60-10; SL 1978, ch 186, § 22.
24-15-7. Effect of consecutive sentences on eligibility for consideration for parole.
In the determination of an inmate's eligibility for consideration for parole, two or more convictions arising from the same transaction, for which the sentences are made to run consecutively, shall be considered as one conviction. Two or more sentences arising from different transactions for which the sentences are made to run consecutively shall be considered as separate convictions. In determining the eligibility date for a person receiving two or more sentences which are made to run consecutively, the sentences shall be added together and the total number of convictions shall then determine the total amount of time to be served before becoming eligible for consideration for parole subject to the provisions of § 24-15-5.
Source: SL 1978, ch 186, § 23; SL 1983, ch 199, § 2; SL 1986, ch 207.
24-15-7.1. Effect of consecutive sentence for offense committed as an inmate.
Any person convicted of a felony while an inmate under the custody of the Department of Corrections and for which the sentence is made to run consecutively is not eligible for consideration for parole until serving the last of all such consecutive sentences. In such cases the parole consideration eligibility date shall be established subject to the provisions of subdivisions 24-15-5(2) and (3).
Source: SL 1984, ch 180, § 4; SL 2023, ch 82, § 83.
24-15-8. Right of eligible inmate to hearing before board--Decline of parole--Waiver of hearing--Criteria for parole.
When an inmate becomes eligible for consideration for parole, the inmate is entitled to a hearing with the Board of Pardons and Paroles to present the inmate's application for parole. An inmate may decline parole consideration and waive the right to a hearing. The board may issue an order to the Department of Corrections that the inmate shall be paroled if it is satisfied that:
(1) The inmate has been confined in a state correctional facility for a sufficient length of time to accomplish the inmate's rehabilitation;
(2) The inmate will be paroled under the supervision and restrictions provided by law for parolees, without danger to society; and
(3) The inmate has secured suitable employment or beneficial occupation of the inmate's time likely to continue until the end of the period of the inmate's parole in some suitable place within or without the state where the inmate will be free from criminal influences.
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: SDC 1939, §§ 13.5301, 13.5302; SL 1939, ch 34; SDC Supp 1960, § 13.5304; SL 1955, ch 31, § 2; SL 1957, ch 36, § 2; SL 1964, ch 33, §§ 4 to 6; SDCL §§ 23-60-11, 23-60-12, 23-60-14; SL 1978, ch 186, § 24; SL 1985, ch 205, § 4; SL 1986, ch 208; SL 1992, ch 177, § 18; SL 2002, ch 124, § 1; SL 2012, ch 137, § 5; SL 2023, ch 82, § 84.
24-15-9. Transfer of inmate to Human Services Center--Return to correctional facility.
The Board of Pardons and Paroles may order the Department of Corrections to transfer any inmate to the Human Services Center. The director of the human services center shall notify the Department of Corrections when the inmate is ready to be transferred back to the state correctional facility. Upon receipt of the notice, the Department of Corrections shall within five days bring the inmate back to the state correctional facility.
Source: SL 1967, ch 31; SDCL, §§ 23-60-28 to 23-60-30; SL 1978, ch 186, § 15; SL 1992, ch 177, § 20; SL 2023, ch 82, § 85.
24-15-10. Application for parole or clemency--Waiting period if denied--Period for crime of violence.
If an inmate's application for parole is denied, the inmate may not again present an application before the board for a period of eight months. A continuance of an application for parole is not a denial. An application for clemency may not be heard for one year after the date of the judgment. If an application for clemency is denied, an inmate may not again present an application for clemency for a period of one year. If an application for clemency is denied for an inmate convicted of a crime of violence, as defined in subdivision 22-1-2(9), and sentenced to life imprisonment, the inmate may not again present an application for clemency for a period of four years.
Source: SL 1978, ch 186, § 25; SL 1985, ch 205, § 5; SL 2004, ch 168, § 59; SL 2024, ch 96, § 2.
24-15-11. Restrictions on parolee--Bond--Restitution--Child support--Supervision fees.
The board may place reasonable restrictions upon a parolee which are designed to continue the parolee's rehabilitation. The board and the department may require the parolee to post a bond to assure the parolee's appearance and compliance with the conditions and restrictions of parole. The board, upon granting parole, shall require the implementation of a restitution plan and payment of supervision fees, if reasonably possible. The prior obligations of child support and restitution payments take precedence over collection of supervision fees. All restrictions shall be in writing, and the agreement shall be signed by the parolee.
Source: SDC 1939, § 13.5307; SL 1955, ch 31, § 5; SL 1957, ch 36, § 3; SL 1964, ch 33, § 8; SDCL § 23-60-17; SL 1978, ch 186, § 26; SL 1986, ch 196, § 6; SL 1997, ch 149, § 1; SL 2010, ch 133, § 1.
24-15-11.1. Substituting community service for supervision fees.
The Board of Pardons and Paroles and the Department of Corrections may allow inmates required to pay supervision fees pursuant to § 24-15-11 or 24-15A-24 to substitute community service work hours for supervision fees.
Source: SL 1997, ch 149, § 3.
24-15-11.2. Revenue to general fund.
Any revenue collected pursuant to §§ 24-15-11 and 24-15A-24 as supervision fees shall be deposited in the state general fund.
Source: SL 1997, ch 149, § 4; SL 1998, ch 154, § 1.
24-15-11.3. Promulgation of rules establishing supervision fees.
The Department of Corrections may promulgate rules, pursuant to chapter 1-26, to establish supervision fee rates to be imposed pursuant to §§ 24-15-11 and 24-15A-24.
Source: SL 1997, ch 149, § 6.
24-15-12. Clothing and travel expense for parolee.
When the Board of Pardons and Paroles grants a parole to an inmate, the Department of Corrections shall provide the parolee, if not already provided for, with necessary clothing not exceeding a cost of one hundred dollars, with necessary traveling expenses not exceeding fifty dollars, and with transportation to the county of commitment or an equivalent distance.
Source: SDC 1939, § 13.5309; SL 1964, ch 33, § 9; SDCL, § 23-60-24; SL 1978, ch 186, § 27; SL 1992, ch 177, § 21; SL 2004, ch 168, § 60.
24-15-13. Legal custody of parolee--Conviction remains in effect.
Each parolee shall at all times be considered confined, in the legal custody of the Department of Corrections, and shall remain under conviction for the crime for which the parolee was convicted and sentenced.
Source: SDC 1939, § 13.5306; SL 1964, ch 33, § 7; SDCL, § 23-60-21; SL 1978, ch 186, § 28; SL 1992, ch 177, § 22; SL 2004, ch 168, § 61.
24-15-14. Supervision of parolees--Employment of personnel.
The Department of Corrections shall exercise supervision over all paroled prisoners. The secretary of corrections shall employ or appoint officers and employees, pursuant to chapter 3-6D, as may be necessary to accomplish the proper supervision of parolees, persons on parole under a suspended sentence, and inmates on work release or extended confinement pursuant to §§ 24-2-25 and 24-2-27.
Source: SL 1961, ch 46, § 8; SDCL § 23-58-10; SL 1977, ch 198, § 14; SL 1978, ch 186, § 6; SL 1987, ch 13, § 3; SL 1989, ch 20, § 175; SL 2018, ch 12, § 9; SL 2018, ch 151, § 1.
24-15-15. Out-of-state employment of parolee--Supervision by other state--State laws remaining applicable.
The Board of Pardons and Paroles may, in the board's discretion, permit a parolee to leave this state and go to any other state, if satisfied that suitable employment or beneficial occupation of the parolee's time has been secured in the other state where the parolee will be free from criminal influences, and that a parole agency or department of the other state will undertake supervision of the parolee within the other state in conformity with the laws of South Dakota relating to parolees. The parolee is subject to all the laws of South Dakota relating to parolees, in the same manner and to the same extent as if the parolee had not been permitted to leave this state.
Source: SDC 1939, § 13.5301; SL 1939, ch 34; SL 1964, ch 33, § 4; SDCL, § 23-60-13; SL 1978, ch 186, § 29; SL 1987, ch 13, § 4; SL 2004, ch 168, § 62.
24-15-16. Interstate agreements for supervision and return of parolees unimpaired.
Nothing in this chapter affects the authority of the Governor to enter into compacts with other states, through their duly constituted authorities, for reciprocal supervision of persons placed on probation or released on parole and for the reciprocal return of such persons to the contracting states for violation of the terms of their parole or probation.
Source: SL 1978, ch 186, § 18; SL 2004, ch 168, § 63.
24-15-19. Powers of Department of Corrections when purposes of parole not being served.
If the purposes or objects of parole are not being served, the Department of Corrections and its parole agents may use any necessary means to establish discipline, arrest, or take custody and control of the parolee pending the issuance of a warrant of arrest by the executive director.
Source: SL 1978, ch 186, § 32; SL 1987, ch 13, § 5; SL 1989, ch 20, § 176.
24-15-20. Order to show cause against parole revocation--Grounds.
The executive director of the Board of Pardons and Paroles may issue an order to show cause why parole should not be revoked whenever the executive director or the board is satisfied that:
(1) A parolee is violating or has violated the regulations or restrictions placed upon the parolee by the board;
(2) A parolee has failed to report to his or her assigned parole agent;
(3) A parolee has failed to answer inquiries made by a parole agent; or
(4) The purposes or objects of parole are not being served.
Source: SL 1978, ch 186, § 30; SL 1987, ch 13, § 6; SL 2004, ch 168, § 64.
24-15-21. Warrant to arrest parolee or inmate--Suspension of parole supervision time--Time credited.
If the chair of the Board of Pardons and Parole is satisfied that any provision of § 24-15-20 or 24-15A-27 has been violated or an inmate under parole supervision in the community has escaped, the executive director of the Board of Pardons and Parole may issue a warrant approved by the chair or a designee of the Board of Pardons and Parole to the Department of Corrections, a law enforcement officer, or parole agent directing that the parolee or inmate named be arrested. Pursuant to the provisions of § 24-15-23, the parolee may be returned to the state correctional facility. Upon the issuance of the warrant, the running of the parole supervision time shall be suspended until the board has entered a final order on the revocation. The board shall credit the inmate with time spent in custody as a direct result of the parole violation.
Source: SDC 1939, §§ 13.5306, 13.5307; SL 1955, ch 31, §§ 4, 5; SL 1964, ch 33, §§ 7, 8; SDCL §§ 23-60-22, 23-60-23; SL 1978, ch 186, § 31; SL 1986, ch 209; SL 1987, ch 13, § 7; SL 1992, ch 177, § 25; SL 2018, ch 151, § 2; SL 2023, ch 82, § 86.
24-15-22. Records and report to board on return of parolee to correctional facility.
Immediately upon the return of a parolee to the state correctional facility, the supervising agent shall immediately furnish to the Board of Pardons and Paroles the permanent records and a report containing all the facts connected with the return of the parolee.
Source: SDC 1939, § 13.5306; SL 1955, ch 31, § 4; SL 1964, ch 33, § 7; SDCL, § 23-60-23; SL 1978, ch 186, § 33; SL 1987, ch 13, § 8; SL 2023, ch 82, § 87.
24-15-23. Preliminary hearing on parole violation--Waiver of preliminary hearing--Detention for board hearing--Waiver of appearance at revocation hearing.
Subject to the provisions of §§ 24-15-23.1 and 24-15-23.2, within ten working days of the arrest of the parolee, a preliminary hearing must be held. The preliminary hearing must be held before an independent hearing officer to determine if there is probable cause to believe that the parolee has violated the terms and conditions of the parolee's parole status. The parolee has the right to waive this preliminary hearing at any time after the order for arrest has been issued by the executive director of the Board of Pardons and Paroles. If probable cause is found to exist, the parolee is to be returned to the state correctional facility, there to be held, for a hearing to be held before the Board of Pardons and Paroles to determine whether the parole should be revoked. If the parolee wishes to admit to an alleged violation of conditions of parole, the parolee may waive an appearance at the revocation hearing with the board.
Source: SL 1978, ch 186, § 31; SL 2002, ch 124, § 2; SL 2004, ch 170, § 1; SL 2012, ch 137, § 6; SL 2023, ch 82, § 88.
24-15-23.1. Preliminary hearing on parole violation not required under certain conditions.
A preliminary hearing as provided for in § 24-15-23 is not required if:
(1) The parolee is under arrest and being held on an order issued by a jurisdiction other than the Board of Pardons and Paroles;
(2) The parolee left the state or other approved jurisdiction without authorization and was apprehended outside of that jurisdiction; or
(3) The parolee was convicted of a felony or misdemeanor in a South Dakota court or a court of another state or a federal court.
Source: SL 2004, ch 170, § 2.
24-15-23.2. Failure to provide preliminary hearing prior to return to facility--Hearing required after return.
If a preliminary hearing under § 24-15-23 is required and a parolee fails to receive a preliminary hearing prior to the parolee's return to a Department of Corrections facility, the parolee shall receive a preliminary hearing within ten working days of the parolee's return to a Department of Corrections facility.
Source: SL 2004, ch 170, § 3.
24-15-24. Revocation or modification of parole.
If the Board of Pardons and Paroles is satisfied that any provision of § 24-15-20 has been violated, it may revoke the parole and reinstate the terms of the original sentence and conviction or it may modify conditions of parole and restore parole status. In addition, the board may order the reduction of time in full or in part for good conduct granted under § 24-5-1 and withdraw time granted toward a partial early final discharge. If the board does not find that the provisions of § 24-15-20 have been violated, the board may restore the parolee to the original or modified terms and conditions of parole.
Source: SDC 1939, § 13.5307; SL 1955, ch 31, § 5; SL 1957, ch 36, § 3; SL 1964, ch 33, § 8; SDCL § 23-60-22; SL 1978, ch 186, § 31; SL 1983, ch 201; SL 1986, ch 210; SL 2004, ch 168, § 65; SL 2011, ch 128, § 7.
24-15-25. Parole of mentally ill inmate--Continuation of treatment as condition.
If the Board of Pardons and Paroles considers an inmate sentenced pursuant to § 23A-27-38 for parole, the board shall consult with the treating facility at which the inmate is being treated or from which the inmate has been discharged concerning the information required by § 23A-27-39. If the inmate is placed on parole by the board, treatment recommended by the treating facility shall be made a condition of parole. An inmate's failure to continue treatment, except by agreement of the treating facility and the board, is basis for commencing a parole revocation hearing and grounds for parole revocation.
Source: SL 1983, ch 174, § 20; SL 1992, ch 177, § 26.
24-15-26. Arrest of parolee--Notification to executive director.
If the Department of Corrections and its parole agents arrest or take a parolee into custody, the executive director shall be notified of the action and the cause for the action.
Source: SL 1992, ch 177, § 23.
24-15-27. Request to modify parole agreement.
If the parolee, the Department of Corrections, or the agent wish to modify board-ordered terms, conditions, restrictions, and requirements contained within a parolee's parole agreement, the request shall be forwarded to the executive director for submission to a panel or board. No board-ordered terms, conditions, restrictions, or requirements in a parole agreement may be modified without the concurrence of two board members.
Source: SL 1992, ch 177, § 24; SL 2004, ch 171, § 1.
24-15-28. County expenses in detaining parole violator--Reimbursement--Limit--Timeframe--Exclusion.
The state shall reimburse any county of this state for expenses the county incurs for the detention of a parolee pursuant to §§ 24-15-19 and 24-15-21. The reimbursement may not exceed ninety-five dollars per day. Upon receipt of the bill, the state shall make reimbursement within thirty days. No county may be reimbursed by the state for costs incurred from detaining a parolee held for criminal charges unrelated to the parolee's current conviction and sentence.
Source: SL 1994, ch 191, § 1; SL 1999, ch 130, § 1; SL 2014, ch 120, § 2; SL 2023, ch 81, § 1.
24-15-29. County expenses in detaining parole violator--Reimbursement--Process.
In order to obtain reimbursement pursuant to § 24-15-28, the chair of the board of county commissioners of the county shall present a claim on a voucher to be approved by the secretary of corrections for detention expenses paid by the county, not to exceed ninety-five dollars per day. When the voucher is presented to the state auditor, the state auditor shall examine it and if the claim is just and valid, the state auditor shall issue a warrant for payment to be made from funds appropriated for that purpose, and the state treasurer shall then pay the sum to the treasurer of the county.
Source: SL 1994, ch 191, § 2; SL 2004, ch 168, § 66; SL 2014, ch 120, § 1; SL 2023, ch 81, § 2.
24-15-30. Written waiver of right to hearing or appearance.
A request for waiver of a right to a parole hearing or an appearance at a parole hearing pursuant to § 24-15-8, 24-15-23, 24-15A-39, or 24-15A-41 shall be submitted in writing to the Board of Pardons and Paroles by the inmate or parolee.
Source: SL 2002, ch 124, § 5; SL 2012, ch 137, § 7; SL 2021, ch 112, § 1.
