State Codes and Statutes

State Codes and Statutes

Statutes > South-dakota > Title-24 > Chapter-15 > Statute-24-15-1-1

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 imprisonment. A prisoner is not required to accept a conditional parole. A prisoner is never entitled to parole. However, parole may be granted if in the judgment of the Board of Pardons and Paroles granting a parole would be in the best interests of society and the prisoner.
Neither this section or its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner.

Source: SL 1985, ch 205, § 1; SL 1989, ch 20, § 174; SL 2004, ch 168, § 52.