An Act to revise the eligibility requirements for compassionate parole under certain circumstances.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 24-15A-55 be AMENDED.

24-15A-55. Eligibility for compassionate parole.

Notwithstanding any contrary provision in chapter 24-13, 24-15, or 24-15A, an inmate who:

(1) Has a terminal illness;

(2) Is seriously ill and not likely to recover;

(3) Requires extensive medical care or significant chronic medical care;

(4) Is at least sixty-five years of age, has served at least ten consecutive years of the inmate's sentence incarcerated, whose current sentences are for convictions of a Class 3 felony or below lower and whose medical care needs are at least double the average annual medical cost of the inmate population; or

(5) Is at least seventy years of age and has served at least thirty consecutive years of the inmate's sentence incarcerated; and

(6) Is not serving a capital punishment sentence;

is eligible for compassionate parole consideration.

During a global pandemic as declared by the World Health Organization, eligibility for compassionate parole consideration is extended to all inmates whose current sentences are for convictions of a Class 3 felony or lower for crimes that are not violent as provided in § 24-15A-32.