2019 Session Laws

CHAPTER 118

(HB 1005)

The Board of Pardons and Paroles
may make clemency recommendations.


        ENTITLED, An Act to authorize a hearing panel of the Board of Pardons and Paroles to make clemency recommendations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 24-13-4.6 be repealed.

    Section 2. That § 24-15A-10 be amended to read:

    24-15A-10. The chair of the board may designate panels of two or more board members to conduct hearings pursuant to this chapter and chapters 24-13, 24-14, and 24-15, take testimony, and take final action, exclusive of a clemency recommendation to the Governor in accordance with § 24-13-4.6.

    Section 3. That § 24-15A-11 be amended to read:

    24-15A-11. No person may be paroled or denied parole, recommended for clemency, nor may a person's parole be revoked or rescinded without the concurrence of two board members.

    Section 4. That chapter 24-15A be amended by adding a NEW SECTION to read:

    A denial of a pardon recommendation by a panel shall be reviewed by the board. The board may adopt, modify, or reject the denial and recommend a pardon.

     Signed January 31, 2019
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