24-15A-16Determination of whether prior offense constitutes felony--Effect of determination.

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 an initial parole date under §§ 24-15-4 and 24-15A-32.

Source: SL 1996, ch 158, § 15.




SDLRC - Codified Law 24-15A-16 - Determination of whether prior offense constitutes felony--Effect of determination.

24-15A-16.1Suspended imposition of sentence--Effect on parole eligibility.

If a person receives a suspended imposition of sentence for an offense committed on or after July 1, 2008, and that offense constitutes a felony under the laws of the state, any other state, or the United States at the time of the suspension of imposition, that offense, whether or not discharge and dismissal have occurred, shall be considered a prior felony conviction for purposes of establishment of an initial parole date pursuant to this chapter. The date of the first order suspending the imposition of sentence, whether or not discharge and dismissal have occurred, shall be the date of conviction for purposes of establishment of the number of felony convictions needed to calculate an initial parole date pursuant to this chapter.

Source: SL 2008, ch 119, § 1; SL 2010, ch 134, § 2.