24-15-1. Files and case histories of inmates–Purposes–Access to file. If a defendant is sentenced to the state penitentiary, the Department of Corrections shall develop a file which shall contain a complete history of that person. The executive director of the Board of Pardons and Paroles shall generate an adequate case history of each inmate of […]
24-15-1.1. Parole defined–Prisoner not required to accept parole–No right to parole. Parole is the discretionary conditional release of an inmate from actual penitentiary custody before the expiration of the inmate’s term of imprisonment. The prisoner remains an inmate under the legal custody of the Department of Corrections until the expiration of the inmate’s term of […]
24-15-1.2. Prior felonies–Determination and effect on parole eligibility. 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 […]
24-15-10. Waiting period for new application after denial of parole or clemency. If an inmate’s application for parole is denied, the inmate may not again present an application before the board for a period of eight months. A continuance of an application for parole is not a denial. An application for clemency may not be […]
24-15-11. Restrictions on parolee–Bond–Restitution–Child support–Supervision fees. The board may place reasonable restrictions upon a parolee which are designed to continue the parolee’s rehabilitation. The board and the department may require the parolee to post a bond to assure the parolee’s appearance and compliance with the conditions and restrictions of parole. The board, upon granting parole, […]
24-15-11.1. Substituting community service for supervision fees. The Board of Pardons and Paroles and the Department of Corrections may allow inmates required to pay supervision fees pursuant to §24-15-11 or 24-15A-24 to substitute community service work hours for supervision fees. Source: SL 1997, ch 149, §3.
24-15-11.2. Revenue to general fund. Any revenue collected pursuant to §§24-15-11 and 24-15A-24 as supervision fees shall be deposited in the state general fund. Source: SL 1997, ch 149, §4; SL 1998, ch 154, §1.
24-15-11.3. Promulgation of rules establishing supervision fees. The Department of Corrections may promulgate rules, pursuant to chapter 1-26, to establish supervision fee rates to be imposed pursuant to §§24-15-11 and 24-15A-24. Source: SL 1997, ch 149, §6.
24-15-12. Clothing and travel expense for parolee. When the Board of Pardons and Paroles grants a parole to an inmate, the Department of Corrections shall provide the parolee, if not already provided for, with necessary clothing not exceeding a cost of one hundred dollars, with necessary traveling expenses not exceeding fifty dollars, and with transportation […]
24-15-13. Legal custody of parolee–Conviction remains in effect. Each parolee shall at all times be considered confined, in the legal custody of the Department of Corrections, and shall remain under conviction for the crime for which the parolee was convicted and sentenced. Source: SDC 1939, §13.5306; SL 1964, ch 33, §7; SDCL, §23-60-21; SL 1978, […]
24-15-14. Supervision of parolees–Employment of personnel. The Department of Corrections shall exercise supervision over all paroled prisoners. The secretary of corrections shall employ or appoint officers and employees, pursuant to chapter 3-6D, as may be necessary to accomplish the proper supervision of parolees, persons on parole under a suspended sentence, and inmates on work release […]
24-15-15. Out-of-state employment of parolee–Supervision by other state–State laws remaining applicable. The Board of Pardons and Paroles may, in the board’s discretion, permit a parolee to leave this state and go to any other state, if satisfied that suitable employment or beneficial occupation of the parolee’s time has been secured in the other state where […]
24-15-16. Interstate agreements for supervision and return of parolees unimpaired. Nothing in this chapter affects the authority of the Governor to enter into compacts with other states, through their duly constituted authorities, for reciprocal supervision of persons placed on probation or released on parole and for the reciprocal return of such persons to the contracting […]
24-15-19. Powers of Department of Corrections when purposes of parole not being served. If the purposes or objects of parole are not being served, the Department of Corrections and its parole agents may use any necessary means to establish discipline, arrest, or take custody and control of the parolee pending the issuance of a warrant […]
24-15-2. Contents and sources for case histories. The executive director of the Board of Pardons and Paroles in preparing each case history shall: (1)Adopt and implement a procedure by which a report shall be completed to contain the life history of each inmate; (2)Receive from the Department of Corrections a copy of the true record […]
24-15-20. Order to show cause against parole revocation–Grounds. The executive director of the Board of Pardons and Paroles may issue an order to show cause why parole should not be revoked whenever the executive director or the board is satisfied that: (1)A parolee is violating or has violated the regulations or restrictions placed upon the […]
24-15-21. Director’s warrant to arrest parolee or inmate–Suspension of parole supervision time–Time credited. If the executive director of the board is satisfied that any provision of §24-15-20 or 24-15A-27 has been violated or an inmate under parole supervision in the community has escaped, the executive director may issue a warrant to the Department of Corrections, […]
24-15-22. Records and report to board on return of parolee to penitentiary. Immediately upon the return of a parolee to the penitentiary the supervising agent shall immediately furnish to the Board of Pardons and Paroles the permanent records and a report containing all the facts connected with the return of the parolee. Source: SDC 1939, […]
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 shall be held. The preliminary hearing shall be held before an independent hearing officer to determine if […]
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 […]