Administrative Rule 17:61:02 | South Dakota Legislature

17:61:02:01. Agreement of supervision. Persons under supervision shall sign an agreement specifying the conditions under which the person is supervised.

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.

General Authority:SDCL 1-15-20.

Law Implemented:SDCL 24-15-11, 24-15-14.

Rule 17:61:02:02 Repealed.

17:61:02:02. Conditions for aftercare.Repealed.

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; repealed, 24 SDR 44, effective October 14, 1997.

Rule 17:61:02:03 Special limitations.

17:61:02:03. Special limitations. Before being released on parole or suspended sentence, the inmate shall execute a supervision agreement setting forth the general and special limitations, restrictions, and conditions that are imposed by the board, the executive director of parole services, a parole supervisor, a parole agent, interstate compact, or the court.

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.

General Authority: SDCL 1-15-20.

Law Implemented: SDCL 24-15-11, 24-15A-24, 24-15A-37, 24-15A-40, 24-16-1.

Rule 17:61:02:04 Failure to sign agreement.

17:61:02:04. Failure to sign agreement. Failure to sign the original or amended agreement of supervision constitutes a violation of this article.

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.

General Authority:SDCL 1-15-20.

Law Implemented:SDCL 24-15-19, 24-15A-37.

Rule 17:61:02:05 Persons under supervision -- Initial report.

17:61:02:05. Persons under supervision -- Initial report. All persons under supervision shall report to the person's designated agent within 72 hours after release from any institution unless the time is otherwise specifically designated by the Board of Pardons and Paroles or parole services.

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.

General Authority:SDCL 1-15-20.

Law Implemented:SDCL 24-15-14.

Rule 17:61:02:06 Monthly reporting.

17:61:02:06. Monthly reporting. Persons under supervision shall report to the supervising agent in writing by the last day of each month.

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.

General Authority:SDCL 1-15-20.

Law Implemented:SDCL 24-15-14.

Rule 17:61:02:07 Falsification of reports.

17:61:02:07. Falsification of reports. The intentional falsification of reports, either oral or written, by persons under supervision is grounds for disciplinary action.

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.

General Authority:SDCL 1-15-20.

Law Implemented:SDCL 24-15-20(3), 24-15A-27(3).

Rule 17:61:02:08 Maximum supervision.

17:61:02:08. Maximum supervision. Maximum supervision is a classification granted to a person under supervision that requires two personal contacts and one collateral contact each thirty-day period. However, the number of contacts may vary from these requirements based upon individual situations.

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.

General Authority: SDCL 1-15-20.

Law Implemented: SDCL 24-15-14.

Rule 17:61:02:09 Medium supervision.

17:61:02:09. Medium supervision. Medium supervision is a classification granted to a person under supervision that requires one personal contact and one collateral contact each thirty-day period. However, the number of contacts may vary from these requirements based upon individual situations.

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.

General Authority: SDCL 1-15-20.

Law Implemented: SDCL 24-15-14.

Rule 17:61:02:10 Minimum supervision.

17:61:02:10. Minimum supervision. Minimum supervision is a classification granted to a person under supervision that requires one personal contact and one collateral contact each sixty-day period. However, the number of contacts may vary from these requirements based upon individual situations.

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.

General Authority: SDCL 1-15-20.

Law Implemented: SDCL 24-15-14.

Rule 17:61:02:11 Repealed.

17:61:02:11. Collateral supervision.Repealed.

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 12 SDR 213, effective July 14, 1986.

Rule 17:61:02:12 Dual supervision.

17:61:02:12. Dual supervision. Dual supervision does not negate the responsibility of the person under supervision to comply with the supervision agreement as required in § 17:61:02:01.

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.

General Authority: SDCL 1-15-20.

Law Implemented: SDCL 24-15-14.

Rule 17:61:02:13 Repealed.

17:61:02:13. Program participation.Repealed.

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 12 SDR 213, effective July 14, 1986.

Rule 17:61:02:14 Repealed.

17:61:02:14. Violation of conditional release.Repealed.

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; repealed, 24 SDR 44, effective October 14, 1997.

Rule 17:61:02:15 Violations.

17:61:02:15. Violations. Violation of the supervision agreement may result in the issuance of a detainer or warrant for the person under supervision.

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.

General Authority: SDCL 1-15-20.

Law Implemented: SDCL 24-15-21.

Rule 17:61:02:16 Use of alias.`

17:61:02:16. Use of alias. A person under supervision may not use an alias or any other name that is not the person's legal name.

Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.

General Authority:SDCL 1-15-20.

Law Implemented:SDCL 24-15-14.

Rule 17:61:02:17 Undercover activity.

17:61:02:17. Undercover activity. Persons under supervision may not participate in undercover activities without prior authorization from the executive director of parole services.

Source:5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 30 SDR 198, effective June 23, 2004.

General Authority: SDCL 1-15-20.

Law Implemented: SDCL 24-15-14.

Rule 17:61:02:18 Intensive supervision.

17:61:02:18. Intensive supervision. Intensive supervision is a classification granted to a person under supervision that requires one personal contact per week, one collateral contact per week, and one random unannounced contact each thirty-day period. However, the number of contacts may vary from these requirements based upon individual situations.

Source: 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.

General Authority: SDCL 1-15-20.

Law Implemented: SDCL 24-15-14.

Rule 17:61:02:19 Indirect supervision.

17:61:02:19. Indirect supervision. Indirect supervision is a classification granted to a person under supervision that requires one monthly report submitted either in person or by mail, and requires no personal or collateral contact.

Source: 30 SDR 198, effective June 23, 2004.

General Authority: SDCL 1-15-20.

Law Implemented: SDCL 24-15-14.

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