Committee: Senate Judiciary
SB 15:
exempt inmate matters from certain contested case, rule making, and
declaratory ruling processes.
Proponents:
Jeff Bloomberg, Dept. Of Corrrections
Mike Buenger, Unified Judicial System
Presented by:
MOTION:
DO PASS SB 15
Moved by:
Senator Munson (David)
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Munson (David), Daugaard, Whiting
SB 16:
revise certain provisions regarding receipts and reimbursement for inmate
transports to the penitentiary.
Presented by:
Jeff Bloomberg, Dept. Of Corrections
MOTION:
DO PASS SB 16
"
Section
1.
That
§
24-15-8.1
be amended to read as follows:
24-15-8.1.
The victim may request in writing to be notified by the board of pardons and parole
when an inmate who was convicted of committing the crime is granted parole
or the inmate's parole
is revoked
. The board shall send the notice by first class mail to the address provided by the victim.
However, the board is not liable for any damages to the victim if it fails to mail the notice.
Section
2.
That
§
24-15-8.2
be amended to read as follows:
24-15-8.2.
The victim or the sentencing judge may request in writing to be notified by the
Department of Corrections if the inmate who was convicted of committing the crime escapes or is
released from the penitentiary, or placed on regularly scheduled furlough or work release pursuant
to chapter 24-2, 24-4
,
or 24-5
, or is returned from escape or removed from work release
. The
Department of Corrections may either telephone the victim or the sentencing judge or send the notice
by first class mail to the address provided by the victim or the sentencing judge. However, the
Department of Corrections is not liable for any damages to the victim or the sentencing judge if it
fails either to notify the victim or the sentencing judge by telephone or to mail the notice.
Section
3.
That
§
24-15A-22
be amended to read as follows:
24-15A-22. The victim may request in writing to be notified by the board when an inmate who was convicted of committing the crime is released on parole or the inmate's parole is revoked . The
board shall send the notice by first class mail to the address provided by the victim. However, the
board is not liable for any damages to the victim if it fails to mail the notice.
Section
4.
That
§
23A-28C-2
be amended to read as follows:
23A-28C-2.
At the commencement of a criminal proceeding subject to the terms of this chapter,
the prosecutor, by first class mail, shall advise the victim of the rights set forth in this chapter. In
order to take advantage of such rights, the victim shall advise the prosecutor of the desire to
participate. A victim may choose to participate only in certain enumerated phases of the proceedings.
A victim wishing to participate shall advise the prosecutor
or the Department of Corrections
of the
place where notifications required under this chapter are to be made, and of any changes in the place
of notification. A prosecutor receiving notification of a victim's wish to participate shall keep record
of that notification and most recent place of notification through the time of the defendant's final
discharge from the criminal justice system.
If the defendant is sentenced to the state prison system,
the prosecutor shall forward the information to the Department of Corrections and the Department
of Corrections shall keep record of the request for notification and the most recent place of
notification until the defendant's final discharge from prison and parole. The request for notification
and the place of notification is confidential and may not be disclosed to the defendant.
Section
5.
That
§
23A-28C-5
be amended to read as follows:
23A-28C-5.
Any institution under the control of the Department of Corrections or the
Department of Human Services, or any jail or other facility where a person is incarcerated due to the
commission of a crime, shall provide notice, as soon as possible,
to the state's attorney in the county
wherein the person was convicted of that crime
if any of the following occur
:
Notice as required in § 23A-28C-5 shall be provided directly to the victim by the Department of Corrections if the defendant is incarcerated in an institution under the control of the Department of Corrections. If the defendant is incarcerated in an institution under the control of the Department of Human Services, or in any jail or in other facility due to the commission of a crime, notice as required in 23A-28C-5 shall be provided to the state's attorney in the county where the person was convicted of that crime. "
Carol A. Glass