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.