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24-13-7Procedural 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.


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