21.276.13 96th Legislative Session 400
Introduced by: The Committee on Judiciary at the request of the Department of Corrections
An Act to revise the requirements of setting discretionary parole dates by the board.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 24-15A-29 be AMENDED.
24-15A-29. Discretionary parole date on revocation--Conditions--Discretionary hearings.
a parole is revoked, the The
establish a discretionary parole date of not more than two years from
the date of revocation
(1) An offender's parole or suspended sentence is revoked and imposed following release to parole supervision; or
(2) An offender's suspended sentence is revoked and imposed after the offender has been found noncompliant under § 24-15A-39.
Subsequent discretionary hearings
shall be held at intervals of not more than two years. The board is
not required to see an inmate for a discretionary parole hearing at
two-year intervals following a revocation if the inmate receives an
additional felony sentence
or has a suspended sentence imposed which
parole date longer than two years from the revocation.
If a suspended sentence is revoked and the sentence is imposed, a
parole date shall be calculated based on the imposed term. If a
suspended sentence is revoked and imposed prior to the initial parole
date on the incarceration term of the sentence prior to the
imposition of the suspended sentence, the parole date calculated on
the imposed sentence is an initial parole date with parole release
subject to § 24-15A-38.
If a suspended sentence is revoked and imposed after the inmate has
been released on parole, or found noncompliant under §
the parole date is a discretionary date.
Section 2. That a NEW SECTION be added:
24-15A-29.1. Parole date on revocation prior to release.
If a suspended sentence is revoked and imposed prior to the initial parole date, a new initial parole date subject to § 24-15A-38 shall be calculated on the newly imposed incarceration term.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.