22.771.11 97th Legislative Session 493

2022 South Dakota Legislature

House Bill 1233

HOUSE JUDICIARY ENGROSSED

Introduced by: Representative Karr

An Act to establish a parole hearing requirement for certain inmates.

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

Section 1. That chapter 24-15A be amended with a NEW SECTION:

If an inmate has been convicted of three or more prior felony offenses and is subsequently convicted of an offense under § 32-23-4.6, 32-23-4.7, or 32-23-4.9, the board shall hold a hearing at the time of the inmate's initial parole date to determine whether, in the board's discretion, the inmate may be released to parole. An inmate may decline parole consideration and waive the right to a hearing. The inmate may be released to parole if the board is satisfied that the inmate:

(1) Has been confined in the penitentiary for a sufficient length of time to accomplish the inmate's rehabilitation;

(2) Is not a danger to society;

(3) Has secured suitable employment, or beneficial occupation of the inmate's time is likely to continue until the end of the period of the inmate's parole; and

(4) Has substantively complied with the individual program directive or, if an inmate does not have an individual program directive, the inmate has substantively met the requirements of § 24-15A-42.

Neither this section or its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any inmate. An inmate not released at the time of the inmate's initial parole date under this section must have a discretionary parole hearing at least every two years.

Underscores indicate new language.

Overstrikes indicate deleted language.