24-15A-23. Application for clemency--Waiting period if denied--Period for crime of violence.

The board may not hear an application for clemency 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 1996, ch 158, § 22; SL 2024, ch 96, § 1.

24-15A-23.1. Eligibility for clemency.

An inmate is ineligible to apply for clemency if the inmate reaches the initial parole date set pursuant to § 24-15A-32. If an inmate is released on parole or the inmate's sentence has been discharged pursuant to § 24-15A-7, the inmate may apply for clemency pursuant to § 24-15A-23.

Source: SL 1999, ch 131, § 1.

24-15A-24. Restrictions on parolee--Bond--Restitution--Child support--Supervision fees.

The board and the department may place reasonable restrictions upon a parolee which are designed to continue the parolee's rehabilitation, including limited areas of residence or community access, required participation in treatment, enhanced reporting requirements, and use of electronic monitoring or global positioning units. 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 and the department 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: SL 1996, ch 158, § 23; SL 1997, ch 149, § 2; SL 2006, ch 123, § 13; SL 2010, ch 133, § 2.

24-15A-25. Parolee release--Necessities.

If an inmate is released on parole, the department shall provide the parolee, if the parolee is not already provided for, with necessary clothing not to exceed a cost of one hundred dollars, with necessary traveling expenses not to exceed fifty dollars, and with transportation to the county of commitment or an equivalent distance.

Source: SL 1996, ch 158, § 24.

24-15A-26. Parolee release to other state--Supervision.

The board and the department may 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, in the same manner and to the same extent as if the parolee had not been permitted to leave the state.

Source: SL 1996, ch 158, § 25.

24-15A-27. Show cause parole revocation order.

The executive director of the board may issue an order to show cause why parole should not be revoked if the director or the board is satisfied that:

(1)    A parolee is violating or has violated the regulations or restrictions that are placed upon the parolee by the board, the department, or the sentencing court;

(2)    A parolee has failed to report to the parolee's 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 1996, ch 158, § 26.

24-15A-28. Revocation or modification of parole.

If the board is satisfied that any provision of § 24-15A-27 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 denial of credit for time served on parole and withdraw time granted toward a partial early final discharge. If the board does not find that the provisions of § 24-15A-27 have been violated, the board may restore the parolee to the original or modified terms and conditions of the parolee's parole.

Source: SL 1996, ch 158, § 27; SL 2004, ch 168, § 70; SL 2011, ch 128, § 8.

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.

Source: SL 1996, ch 158, § 28; SL 2010, ch 134, § 1; SL 2013, ch 116, § 1; SL 2021, ch 114, § 1.

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.

Source: SL 2021, ch 114, § 2.

24-15A-30. Parole release of inmate requiring treatment.

If an inmate sentenced pursuant to § 23A-27-38 becomes eligible for parole release, the department 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 released on parole, 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 department, is basis for commencing a parole revocation hearing and grounds for parole revocation.

Source: SL 1996, ch 158, § 29.

24-15A-31. Modification of parole agreement.

If the parolee or the parole agent wish to modify the terms, conditions, restrictions, and requirements contained within a parolee's parole agreement, the request shall be forwarded to the executive director of the board for approval.

Source: SL 1996, ch 158, § 30.

24-15A-32. Department's establishment of initial parole date--Calculation of parole date--Certain crimes deemed violent for purposes of parole--Minimum time to be served--Parole eligibility.

For a crime committed before July 1, 2023, each inmate sentenced to a state incarceration term, except those under a sentence of life or death, or determined to be ineligible for parole as authorized in § 24-15A-32.1, must have an initial parole date set by the department. This date must be calculated by applying the percentage indicated in the following grid to the full term, minus any suspended time. The following crimes or an attempt to commit, a conspiracy to commit, or a solicitation to commit any of the following crimes shall be considered a violent crime for purposes of setting an initial parole date: murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first degree, burglary in the second degree if committed before July 1, 2006, arson, kidnapping, felony sexual contact as defined in § 22-22-7, child abuse, felony sexual contact as defined in § 22-22-7.2, felony stalking as defined in §§ 22-19A-2 and 22-19A-3, photographing a child in an obscene act, felony assault as defined in §§ 22-18-26 and 22-18-29, felony simple assault as defined in § 22-18-1, aggravated criminal battery of an unborn child as defined in § 22-18-1.3, aggravated battery of an infant as defined in § 22-18-1.4, assault with intent to cause serious permanent disfigurement as defined in § 22-18-1.5, commission of a felony while armed as defined in § 22-14-12, discharging a firearm at an occupied structure or motor vehicle as defined in § 22-14-20, discharging a firearm from a moving vehicle as defined in § 22-14-21, criminal pedophilia, threatening to commit a sexual offense as defined in § 22-22-45, abuse or neglect of a disabled adult as defined in § 22-46-2, and aggravated incest as defined in §§ 22-22A-3 and 22-22A-3.1:

The application of the violent or nonviolent column of the grid is based on whether the inmate's current sentence is for a violent or nonviolent crime. The department shall consider any prior felony regardless of whether the crime is violent or nonviolent when determining which percentage to apply to the inmate's parole date calculation. Each inmate shall serve at least sixty days prior to parole release. An inmate with a life sentence is not eligible for parole except as provided in §§ 24-15A-55 to 24-15A-68, inclusive. An initial parole date through the application of this grid may be applied to a life sentence only after the sentence is commuted to a term of years. A Class A or B felony commuted to a number of years shall be applied to the Class C violent column of the grid. An inmate convicted of a Class A or B felony who was a juvenile at the time of the offense and receives a sentence of less than life shall be applied to the Class C violent column of the grid.

For a crime committed on or after July 1, 2023, each inmate sentenced to a penitentiary term, except those under a sentence of life or death, or determined to be ineligible for parole as authorized in §§ 24-15-4.1, 24-15-4.2, and 24-15A-32.1, must have an initial parole date set by the department. The date must be calculated by applying the percentage indicated in the following grid to the full term of the sentence, minus any suspended time. Any of the following crimes, or any attempt to commit, a conspiracy to commit, or a solicitation to commit any of the following crimes is considered a violent crime for the purpose of setting an initial parole date: felony stalking as defined in §§ 22-19A-2 and 22-19A-3, felony assault as defined in §§ 22-18-26 and 22-18-29, felony simple assault as defined in § 22-18-1, discharging a firearm at an occupied structure or motor vehicle as defined in § 22-14-20, discharging a firearm from a moving vehicle as defined in § 22-14-21, threatening to commit a sexual offense as defined in § 22-22-45, abuse or neglect of a disabled adult as defined in § 22-46-2, and aggravated incest as defined in §§ 22-22A-3 and 22-22A-3.1:

The application of the violent or nonviolent column of the grid is based on whether the inmate's current sentence is for a violent or nonviolent crime. The department shall consider any prior felony regardless of whether the crime is violent or nonviolent when determining which percentage to apply to the inmate's parole date calculation. Each inmate shall serve at least sixty days prior to parole release. An inmate with a life sentence and an inmate who commits an offense as defined in § 24-15-4.1 is not eligible for parole except as provided in §§ 24-15A-55 to 24-15A-68, inclusive. An inmate who commits an offense as defined in § 24-15-4.2 is not eligible for parole except as provided in §§ 24-15-4.2 and 24-15A-55 to 24-15A-68, inclusive. The provisions set forth in §§ 24-15-4.1 and 24-15-4.2 apply to a life sentence that has been commuted to a term of years.

Source: SL 1996, ch 158, § 31; SL 2001, ch 126, § 1; SL 2004, ch 168, § 71; SL 2006, ch 117, § 2; SL 2006, ch 121, § 14; SL 2007, ch 141, § 2; SL 2007, ch 153, § 2; SL 2012, ch 136, § 1; SL 2013, ch 105, § 3; SL 2013, ch 116, § 2; SL 2018, ch 152, § 1; SL 2018, ch 154, § 12; SL 2019, ch 119, § 1; SL 2023, ch 80, § 3; SL 2023, ch 82, § 93.

24-15A-32.1. Withholding of parole eligibility of sex offender based upon history, treatment, and risk factors.

Upon recommendation of sex offender treatment program staff and following a review of the inmate's history, treatment status, risk of re-offense, and psycho-sexual assessment, the warden may, at any time prior to the inmate's final discharge, recommend to the Board of Pardons and Paroles that parole eligibility pursuant to § 24-15A-32 be withheld on an inmate convicted of a felony sex offense as defined in § 22-24B-1.

The board may, after a hearing, determine if parole eligibility is to be withheld. The decision of the board to withhold parole eligibility is final.

Source: SL 2006, ch 121, § 13.

24-15A-33. Change in initial parole date.

An inmate's initial parole 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 date may apply for a review of the date with the board for a determination of the true and correct parole date.

Source: SL 1996, ch 158, § 32.

24-15A-34. Individual program directives for inmates.

Within thirty days of admission to the department, the department shall establish an individual program directive for each inmate which may include the following:

(1)    Required work, school, or program participation;

(2)    Refraining from conduct evincing an intent to reoffend; and

(3)    Required conduct in accordance with the rules and policies of the department and its institutions.

The individual program directive may be modified by a classification board for reasons including program completion, changes in classification or housing status, medical or mental health needs or resource availability. Each inmate shall be notified in writing of the inmate's individual program directive and any modifications to it.

Source: SL 1996, ch 158, § 33.

24-15A-35. Notification of inmate's substantive compliance, noncompliance, or undetermined compliance with program directive.

At least thirty days prior to an inmate's initial parole date, the warden shall notify the board in writing of the inmate's substantive compliance or noncompliance with the inmate's individual program directive. If an award of earned discharge credit moves an inmate's initial parole date to within thirty days, the compliance report shall be completed no later than seven calendar days from the date of the application of the credits. If there is insufficient information for the warden to determine substantive compliance or noncompliance, the warden shall report a finding of undetermined compliance to the board. The warden shall also notify the inmate in writing of the warden's report of substantive compliance, noncompliance, or undetermined compliance. At least thirty days prior to an inmate's subsequent, discretionary parole hearing, the warden shall submit to the board an updated report of the inmate's conduct and progress since the last hearing.

Source: SL 1996, ch 158, § 34; SL 2012, ch 137, § 1; SL 2019, ch 120, § 1.

24-15A-36. Inmate to submit parole release plan.

At least thirty days prior to an inmate's parole date, the inmate shall submit a parole release plan to the executive director of the board. If an award of earned discharge credit moves an inmate's initial parole date to within thirty days, the inmate shall submit the release plan upon completion of the plan. This plan will include the inmate's proposed residence, employment, or means of support, and any specialized treatment, counseling, or educational services the inmate proposes to be involved with upon parole. This plan is subject to approval by the executive director of the board. The executive director may require an inmate to modify a release plan prior to approval.

Source: SL 1996, ch 158, § 35; SL 2019, ch 120, § 2.

24-15A-37. Parole agreement on conditions of supervision.

As a condition of parole release, each inmate shall be required to sign an agreement setting forth the conditions of supervision placed on the inmate by the board and the department. The agreement shall be developed by the executive director of the board.

Source: SL 1996, ch 158, § 36.

24-15A-38. Inmate release to parole supervision--Conditions.

Each inmate shall be released from incarceration to parole supervision, without a hearing with the board, at the time of the inmate's initial parole date, if the inmate has substantively met the requirements of the individual program directive established by the department, agreed to the conditions of supervision and has an approved parole release plan.

Source: SL 1996, ch 158, § 37.

24-15A-39. Hearing to determine compliance with parole release standards--Waiver of appearance--Determinations of board--Discretionary hearings.

Any inmate whom the warden reports has not substantively complied with the individual program directive or for whom there is insufficient information for the warden to determine substantive compliance or noncompliance shall have a hearing with the board to determine the inmate's compliance with the individual program directive. However, if the inmate wishes to admit to noncompliance with the individual program directive, the inmate may waive an appearance at this hearing.

The board may determine the inmate has substantively complied with the individual program directive and release the inmate at the inmate's initial parole date or as soon as reasonably possible following the initial parole date and hearing. The board may also determine the inmate has not substantively met the requirements of the individual program directive, deny release at the initial parole date and set the time for a subsequent discretionary parole hearing. If an inmate does not have an individual program directive, the board shall utilize the standards contained in § 24-15A-42 in making its determination. Any inmate appeal of a finding of noncompliance by the board shall be filed pursuant to chapter 1-26 in the county in which the inmate is confined or in Minnehaha County if the inmate is housed outside the State of South Dakota.

Any inmate not released at the time of the inmate's initial parole date shall have a discretionary parole hearing at least every two years.

Source: SL 1996, ch 158, § 38; SL 1999, ch 132, § 1; SL 2002, ch 124, § 3; SL 2012, ch 137, § 2.

24-15A-40. Right of review.

Any inmate objecting to conditions of parole supervision or a required modification of a release plan may seek a review of the plan or conditions with the board. The board may determine if the proposed conditions or release plan modifications are acceptable or the board may remove or modify proposed conditions or release plan provisions. This review may be of the inmate's record, release plan, or release conditions. A personal appearance of the inmate is not required. An inmate shall agree to parole conditions and have an acceptable release plan prior to parole release.

Source: SL 1996, ch 158, § 39.

24-15A-41. Subsequent parole after hearing.

Any inmate not released at the time of the inmate's first parole date or any inmate whose parole has been revoked may be subsequently paroled, based on the discretion of the board after a hearing. An inmate may decline parole consideration and waive the right to a hearing.

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 1996, ch 158, § 40; SL 2002, ch 124, § 4.

24-15A-41.1. Parole of inmate to custody of another state or federal jurisdiction.

Notwithstanding an inmate's statutory right to refuse parole or waive parole consideration, the Board of Pardons and Paroles may parole an inmate to the custody of another state or federal jurisdiction for the purpose of confinement and or deportation if it is in the best interest of the citizens of South Dakota.

Source: SL 2012, ch 137, § 8.

24-15A-42. Procedural rules--Parole release standards.

Pursuant to chapter 1-26, the board may promulgate procedural rules for the effective enforcement of this chapter and for the exercise of the powers and duties conferred upon it. Additionally, the board shall utilize the following standards in determining if the inmate has substantively met the requirements for parole release at the initial parole date:

(1)    The inmate's compliance with work, school, and program directives;

(2)    The inmate's compliance with the rules and policies of the department;

(3)    Conduct by the inmate evincing an intent to reoffend; and

(4)    Mitigating factors impacting the warden's determination of substantive noncompliance.

The board may also use standards in subdivisions (1) to (3), inclusive, of this section in discretionary parole decisions. In addition, in considering a discretionary parole for an inmate who previously violated parole, the board may consider the nature and seriousness of the conduct leading to the parole revocation.

Source: SL 1996, ch 158, § 41.

24-15A-43. Repealed by SL 2012, ch 138, § 1.

24-15A-44. Effect of validity of chapter.

If the provisions of this chapter are found invalid, good time and parole eligibility provisions shall revert to those in effect at the time of the passage of this chapter.

Source: SL 1996, ch 158, § 43.

24-15A-45. Evidence-based practices targeting parolee's criminal risk and need factors.

Parolee supervision shall use evidence-based practices and shall target the parolee's criminal risk and need factors with appropriate supervision and intervention, focusing resources on moderate-risk and high-risk offenders.

Parole supervision shall include:

(1)    Use of validated risk and needs assessments of the parolee measuring criminal risk factors, specific individual needs and driving variable supervision levels;

(2)    Use of assessment results to guide supervision responses consistent with evidence-based practices as to the level of supervision and the practices used to reduce recidivism;

(3)    Collateral and personal contacts, some unscheduled, with the offender and community and with a frequency consistent with the parolee's supervision level and risk of re-offense, staying informed of the parolee's conduct, compliance with conditions, and progress in community based intervention;

(4)    Case planning for each parolee assessed as moderate-risk to high-risk to reoffend; and

(5)    Use of practical and suitable methods that are consistent with evidence-based practices to aid and encourage the parolee to improve his or her conduct and circumstances and to reduce the risk of recidivism.

Source: SL 2013, ch 101, § 27.

24-15A-46. Training on evidence-based practices and criminal risk factors.

Any employee who exercises supervision over a parolee pursuant to § 24-15-14 or provides intervention services to any parolee shall receive annual training on evidence-based practices and criminal risk factors, as well as instruction on how to target these factors to reduce recidivism.

Source: SL 2013, ch 101, § 28.

24-15A-47. Report on implementation of supervision practices and training.

The department shall monitor and report semiannually to the oversight council the extent to which practices of parole supervision pursuant to § 24-15A-45 and training requirements pursuant to sections §§ 24-13-2 and 24-15A-46 are implemented with fidelity.

Source: SL 2013, ch 101, § 29.

24-15A-48. Response to violation of supervision conditions.

The department shall respond to each known violation of supervision conditions established pursuant to §§ 24-15A-37, 24-15-11, and 24-15A-24. The response to a violation shall reflect the parolee's supervision level, the severity of the violation, and consideration of previous violations. The response to a violation and the sanctioning options shall be standardized and reflect graduated responses and sanctions including informal and formal responses to violations.

Formal response to a violation shall be documented and may include the following:

(1)    Written reprimand by the agent, agent supervisor, or executive director of the board;

(2)    Referral to community based programming;

(3)    Additional substance use testing or monitoring, or both;

(4)    Community service work without pay;

(5)    Placement in custody through house arrest or jailing;

(6)    Required participation in an alcohol or drug accountability program; and

(7)    Submission of a violation report to the board for the return of the parolee to prison and the revocation of the parolee's supervision.

Source: SL 2013, ch 101, § 32.

24-15A-49. Report of graduated sanction.

The Department of Corrections shall report semiannually to the oversight council the number and percentage of parolees who received a graduated sanction.

Source: SL 2013, ch 101, § 33.

24-15A-50. Award of earned discharge credits.

Each parolee shall be awarded earned discharge credits as follows:

(1)    For each full calendar month of compliance with the terms of supervision, an earned discharge credit of the number of days in that month shall be deducted from the parolee's sentence discharge date established in §§ 24-15A-6 and 24-5-1. No earned discharge credit may be awarded for partial months or for the first full calendar month of parole supervision in the community;

(2)    A parolee is deemed to be compliant with the terms of supervision and shall be awarded earned discharge credits for the month if there was no violation of conditions of supervision during the month at the level warranting formal response per standardized department directive. A parolee may not receive earned discharge credits for the month if the parolee had a violation of conditions resulting in a formal response;

(3)    No earned discharge credit may accrue for a calendar month in which a violation report has been submitted, the parolee has absconded from supervision, the parolee is under sanction of jailing or detainment, or for the months between the submission of the violation report and the final action on the violation report by the board. If the board does not find that the provisions of § 24-15A-27 or 24-15-20 have been violated, the board may include an award of earned discharge credits for the months the violation report was pending in the board's order to restore the parolee to the original or modified terms and conditions of parole;

(4)    A parolee serving a sentence for a conviction of a sex offense as defined in § 22-24B-1 or a violation of sex offender registry requirements or a violation of community safety zone requirements is not eligible for earned discharge credits on any sex offense, sex offender registry violation, or community safety zone violation sentence;

(5)    Earned discharge credits shall be applied to the sentence discharge date within thirty days of the end of the month in which the credits were earned. At least every six months, a parolee who is serving a sentence eligible for earned discharge credits shall be notified of the current sentence discharge date; and

(6)    A parolee serving an eligible South Dakota prison sentence in any community in another state under the Interstate Compact for Adult Offender Supervision is eligible for earned discharge credits pursuant to this chapter.

Source: SL 2013, ch 101, § 36.

24-15A-50.1. Additional earned discharge credits.

The department may grant an inmate up to ninety days of earned discharge credits for each program completion; up to ninety days of earned discharge credits upon completion of three hundred sixty hours of satisfactory work not to exceed one hundred eighty days of earned discharge credit for work in a twelve-month period; and up to three hundred sixty-five days of earned discharge credits for heroic acts in life threatening situations, through significant efforts in disaster response or by providing exceptional assistance in maintaining the safety and security of a prison. Each program shall fit the definition of evidence based practices as defined in § 16-22-1, or consist of an academic or vocational program. Earned discharge credits under this section may be granted if in the judgement of the warden and the secretary of corrections, the inmate has met the criteria set forth in this section. Nothing in this section may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any inmate. Any earned discharge credit under this section shall be applied to the sentence prior to the calculation of the initial parole date.

Source: SL 2018, ch 153, § 1.

24-15A-51. Report of eligibility for award of discharge credits.

Within fifteen days following the end of the month, a supervising parole agent shall report to the department the name of any supervised parolee eligible for the award of discharge credits earned in the previous month.

Source: SL 2013, ch 101, § 37.

24-15A-52. Review of ineligibility determination.

A parolee who objects to a parole agent's determination that the parolee is ineligible for the award of earned discharge credits may seek a review with the board. The board may determine if the parolee is eligible for the award of earned discharge credits and order that the credits be applied to the parolee's sentence discharge date. The board may also determine if the parolee is ineligible for the award of earned discharge credits. This review may be of the parolee's record. A personal appearance of the parolee is not required. The decision of the board is final.

Source: SL 2013, ch 101, § 38.

24-15A-53. Report of parolees qualifying for earned discharge credits.

The department shall provide semiannually to the oversight council the number and percentage of parolees who qualify for earned discharge credits and the average amount of credits a parolee earned within the year.

Source: SL 2013, ch 101, § 39.

24-15A-54. Transfer to administrative financial accountability system.

Each inmate discharging pursuant to § 24-15A-7 or 24-5-2 who owes court-ordered financial obligations on the sentence or sentences discharging shall be transferred by the department to the administrative financial accountability system pursuant to § 23A-47-2.

Source: SL 2013, ch 101, § 40.

24-15A-55. Eligibility for compassionate parole.

Notwithstanding any contrary provision in chapter 24-13, 24-15, or 24-15A, an inmate who:

(1)    Has a terminal illness;

(2)    Is seriously ill and not likely to recover;

(3)    Requires extensive medical care or significant chronic medical care;

(4)    Is at least sixty-five years of age, has served at least ten consecutive years of the inmate's sentence incarcerated, whose current sentences are for convictions of a Class 3 felony or below and whose medical care needs are at least double the average annual medical cost of the inmate population; or

(5)    Is at least seventy years of age and has served at least thirty consecutive years of the inmate's sentence incarcerated; and

(6)    Is not serving a capital punishment sentence;

is eligible for compassionate parole consideration.

Source: SL 2018, ch 154, § 1.

24-15A-56. Referral for compassionate parole hearing.

The secretary of corrections may consider referrals for compassionate parole consideration from the inmate's health care provider or the warden. If the secretary determines the inmate meets the criteria for compassionate parole consideration as set forth in § 24-15A-55, the secretary may refer the inmate for a compassionate parole hearing. The executive director of the Board of Pardons and Paroles shall schedule a discretionary, compassionate parole hearing with the board within three months of receipt of the referral.

Source: SL 2018, ch 154, § 2.

24-15A-57. Factors for consideration in determining grant or denial of compassionate parole.

The Board of Pardons and Paroles shall consider the following factors in determining the grant or denial of a compassionate parole:

(1)    The inmate's assessed risk level;

(2)    The inmate's conduct in prison;

(3)    The inmate's conduct while on extended confinement, if applicable;

(4)    Sentence served and sentence remaining;

(5)    Offense and chronicity of criminal behavior;

(6)    Prognosis and incapacitation level;

(7)    The inmate's compliance with health care ordered by a health care provider;

(8)    Release plan including provisions for health care;

(9)    Input, if any, of the sentencing judge, the prosecuting attorney, and the victim;

(10)    If the care and supervision that the inmate requires and is anticipated to require can be provided in a more medically appropriate or cost effective manner than the Department of Corrections;

(11)    Allowing a geriatric or terminally ill person to live at a location outside of prison prior to death; and

(12)    The ability to adequately monitor the inmate, after release, to ensure public safety.

Source: SL 2018, ch 154, § 3.

24-15A-58. Release plan to ensure health care expenses will be paid by inmate or third party payer.

An inmate may not be released on compassionate parole if the inmate meets the eligibility requirements of a medically indigent person under the provisions of chapter 28-13. An inmate may not be released on compassionate parole, unless the inmate's release plan ensures the inmate's health care expenses will be paid either by the inmate or a third party payer including Medicare, Medicaid, Indian Health Service, veteran's assistance, or private insurance.

Source: SL 2018, ch 154, § 4.

24-15A-59. Grant or denial of compassionate parole--Reconsideration--Removal from consideration.

The board may grant or deny a compassionate parole. If denied the board shall set the date for the next consideration of compassionate parole not to exceed one year. The board may elect to review the inmate sooner than one year. If the inmate no longer meets the criteria for compassionate parole as set forth in § 24-15A-55, the inmate's health care provider or the warden shall notify the secretary of corrections. The secretary may remove the inmate from compassionate parole consideration. An inmate removed from compassionate parole consideration is subject to applicable parole provisions under chapters 24-13, 24-15, and 24-15A notwithstanding the provisions of §§ 24-15A-55 to 24-15A-68, inclusive, or a pending compassionate parole hearing. If an inmate is released on compassionate parole and is compliant with the terms of the inmate's supervision, no longer meeting the criteria for compassionate parole in § 24-15A-55 does not constitute grounds for parole revocation.

Source: SL 2018, ch 154, § 5.

24-15A-60. Inmate who reaches parole eligibility date or initial parole date not eligible for compassionate parole.

An inmate is ineligible for compassionate parole once the inmate reaches the parole eligibility date pursuant to § 24-15-5 or the inmate's initial parole date pursuant to § 24-15A-32. However, if an inmate previously referred by the secretary for compassionate parole continues to meet the criteria for compassionate parole consideration as outlined in § 24-15A-55 the factors listed in § 24-15A-57 shall be considered in any subsequent discretionary parole release decision.

Source: SL 2018, ch 154, § 6.

24-15A-61. Inmate granted compassionate parole subject to statutory requirements.

An inmate granted compassionate parole is subject to the provisions of chapters 24-13, 24-15, and 24-15A, including the provisions related to supervision, early final discharge, and revocation of parole, so far as those provisions are consistent with §§ 24-15A-55 to 24-15A-68, inclusive.

Source: SL 2018, ch 154, § 7.

24-15A-62. Due process interest in compassionate parole not created--Decision of board final.

Nothing in §§ 24-15A-55 to 24-15A-68, inclusive, or its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner. An inmate is not entitled to compassionate parole or to be considered for compassionate parole. Compassionate parole may be recommended by the secretary and granted by the board if, in the judgement of the secretary and the board, the inmate meets the eligibility criteria for compassionate parole pursuant to § 24-15A-55 and a compassionate parole release is unlikely to pose a detriment to the offender, victim, or community. The decision of the board regarding compassionate parole release is final.

Source: SL 2018, ch 154, § 8.

24-15A-63. Extended confinement.

Nothing in §§ 24-15A-55 to 24-15A-68, inclusive, or its application impacts the ability of the warden and the secretary of corrections to place an inmate on extended confinement pursuant §§ 24-2-25 and 24-2-27 or to place the inmate on extended confinement pending compassionate parole consideration.

Source: SL 2018, ch 154, § 9.

24-15A-64. Promulgation of rules regarding compassionate parole.

Pursuant to chapter 1-26, the board may promulgate procedural rules for the effective enforcement of §§ 24-15A-55 to 24-15A-68, inclusive, and for the exercise of the powers and duties conferred upon it.

Source: SL 2018, ch 154, § 10.

24-15A-65. Inmate on compassionate parole ineligible for earned discharge credits.

An inmate on parole through a compassionate parole release is ineligible for earned discharge credits until the inmate reaches an initial parole date pursuant § 24-15A-32 or an initial parole eligibility date pursuant to § 24-15-5.

Source: SL 2018, ch 154, § 13.

24-15A-66. Effect of revocation of compassionate parole.

If an inmate on parole through a compassionate parole release has the inmate's parole revoked, a subsequent consideration of compassionate parole on the same sentence requires a new referral for consideration pursuant to § 24-15A-56.

Source: SL 2018, ch 154, § 14.

24-15A-67. Conditions of compassionate parole.

As a condition of supervision pursuant to § 24-15A-37, any inmate released on compassionate parole shall be compliant with medical care and maintain responsibility for health care expenses through self pay or third party payer.

Source: SL 2018, ch 154, § 15.

24-15A-68. Compassionate parole requirements not applicable to paroled inmate who reached initial parole date or parole eligibility date.

When a parolee released under compassionate parole reaches their initial parole date pursuant to § 24-15A-32 or their parole eligibility date pursuant to § 24-15-5 and is paroled subject to the provisions of chapters 24-15 and 24-15A they are no longer subject to the provisions of §§ 24-15A-55 to 24-15A-68, inclusive.

Source: SL 2018, ch 154, § 16.