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State of South Dakota: House Bill No

This bill proposes revisions to South Dakota's parole date calculation provisions. It establishes a grid that assigns percentage of sentence served requirements for initial parole dates based on the class and violence of the current and prior offenses. It also specifies that any prior felony, regardless of violence, is considered in determining the percentage. Inmates must serve at least 60 days before parole release. Those with life sentences are only eligible if the sentence is commuted to a term of years.

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46 views

State of South Dakota: House Bill No

This bill proposes revisions to South Dakota's parole date calculation provisions. It establishes a grid that assigns percentage of sentence served requirements for initial parole dates based on the class and violence of the current and prior offenses. It also specifies that any prior felony, regardless of violence, is considered in determining the percentage. Inmates must serve at least 60 days before parole release. Those with life sentences are only eligible if the sentence is commuted to a term of years.

Uploaded by

Kristi Noem Tracker
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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State of South Dakota

NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019

400B0307
HOUSE BILL NO. 1004
Introduced by: The Committee on Judiciary at the request of the Department of Corrections

1 FOR AN ACT ENTITLED, An Act to revise parole date calculation provisions.

2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

3 Section 1. That § 24-15A-32 be amended to read:

4 24-15A-32. Each inmate sentenced to a penitentiary term, except those under a sentence of

5 life or death, or determined to be ineligible for parole as authorized in § 24-15A-32.1, shall have

6 an initial parole date set by the department. This date shall be calculated by applying the

7 percentage indicated in the following grid to the full term minus any suspended time of the

8 inmate's sentence pursuant to § 22-6-1. The following crimes or an attempt to commit, or a

9 conspiracy to commit, or a solicitation to commit, any of the following crimes shall be

10 considered a violent crime for purposes of setting an initial parole date: murder, manslaughter,

11 rape, aggravated assault, riot, robbery, burglary in the first degree, burglary in the second degree

12 if committed before July 1, 2006, arson, kidnapping, felony sexual contact as defined in § 22-

13 22-7, child abuse, felony sexual contact as defined in § 22-22-7.2, felony stalking as defined in

14 §§ 22-19A-2 and 22-19A-3, photographing a child in an obscene act, felony assault as defined

15 in §§ 22-18-26 and 22-18-29, felony simple assault as defined in § 22-18-1, aggravated criminal

100 copies were printed on recycled paper by the South Dakota Insertions into existing statutes are indicated by underscores.
Legislative Research Council at a cost of $.167 per page. v Deletions from existing statutes are indicated by overstrikes.
-2- HB 1004

1 battery of an unborn child as defined in § 22-18-1.3, aggravated battery of an infant as defined

2 in § 22-18-1.4, assault with intent to cause serious permanent disfigurement as defined in § 22-

3 18-1.5, commission of a felony while armed as defined in § 22-14-12, discharging a firearm at

4 an occupied structure or motor vehicle as defined in § 22-14-20, discharging a firearm from a

5 moving vehicle as defined in § 22-14-21, criminal pedophilia, threatening to commit a sexual

6 offense as defined in § 22-22-45, abuse or neglect of a disabled adult as defined in § 22-46-2,

7 and aggravated incest as defined in §§ 22-22A-3 and 22-22A-3.1:

8 Felony Convictions
9 Felony Class First Second Third
10 Nonviolent
11 Class 6 .25 .30 .40
12 Class 5 .25 .35 .40
13 Class 4 .25 .35 .40
14 Class 3 .30 .40 .50
15 Class 2 .30 .40 .50
16 Class 1 .35 .40 .50
17 Class C .35 .40 .50
18 Violent
19 Class 6 .35 .45 .55
20 Class 5 .40 .50 .60
21 Class 4 .40 .50 .65
22 Class 3 .50 .60 .70
23 Class 2 .50 .65 .75
24 Class 1 .50 .65 .75
25 Class C .50 .65 .75
26 Class B 1.0 1.0 1.0
27 Class A 1.0 1.0 1.0
-3- HB 1004

1 The application of the violent or nonviolent column of the grid is based on whether the

2 inmate's current sentence is for a violent or nonviolent crime. Any prior felony shall be

3 considered regardless of whether it is violent or nonviolent when determining which percentage

4 to apply to the inmate's parole date calculation. Each inmate shall serve at least sixty days prior

5 to parole release. Inmates with life sentences are not eligible for parole except as provided in

6 §§ 24-15A-55 to 24-15A-68, inclusive. An initial parole date through the application of this grid

7 may be applied to a life sentence only after the sentence is commuted to a term of years. A Class

8 A or B felony commuted to a number of years shall be applied to the Class C violent column

9 of the grid. An inmate convicted of a Class A or B felony who was a juvenile at the time of the

10 offense and receives a sentence of less than life shall be applied to the Class C violent column

11 of the grid.

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