State Codes and Statutes

State Codes and Statutes

Statutes > South-dakota > Title-24 > Chapter-15 > Statute-24-15-3

24-15-3. Establishment of date of parole consideration eligibility--Change--Hearing--Completion of history--Findings regarding inmate--Notification to victim of inmate's parole consideration eligibility. Whenever any person becomes an inmate of the penitentiary, the director shall immediately establish in the record the date when the inmate will be eligible for consideration for parole. Such consideration for a parole eligibility date is subject to change upon receipt of information regarding a change in the number of prior felony convictions or any subsequent felony convictions. Any inmate who is aggrieved by the established parole consideration eligibility date may apply for a hearing before the Board of Pardons and Paroles for a final determination of the true and correct parole consideration eligibility date. Between the date a person becomes an inmate of the penitentiary and the date on which such person becomes eligible for consideration for parole, the director shall complete the history of the inmate and shall study the life, habits, previous environment, and nature of the inmate to determine the advisability of recommending the inmate for parole when the inmate becomes eligible to be considered. At least ten days before the date of eligibility the director shall submit to the board the findings regarding the inmate.
If the victim of the inmate's crime requests in writing to be notified by the Board of Pardons and Parole when the inmate will be eligible for consideration for parole, the director shall send a notice at least ten days before the date of eligibility, of the inmate's parole consideration eligibility by first class mail to the address provided by the victim. The notice shall provide the inmate's parole consideration eligibility date and the parole hearing date, and the board shall advise the victim that he or she may be present at the hearing and may state his or her opinion regarding the possible parole of the inmate.

Source: SDC 1939, § 13.5304 as added by SL 1955, ch 31, § 2; SL 1964, ch 33, § 6; SDCL, § 23-60-4; SL 1978, ch 186, § 19; SL 1984, ch 180, § 3; SL 1986, ch 205, § 4; SL 1986, ch 206; SL 2004, ch 168, § 54.