ENTITLED An Act to limit parole for violent offenders.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That chapter 24-15 be amended with a NEW SECTION:
For the purposes of this section, the term, offense, means any of the following:
(1) Manslaughter in the first degree, as defined in 22-16-15;
(2) Kidnapping in the first degree, as defined in 22-19-1;
(3) Rape in the first degree, as defined in 22-22-1;
(4) Rape in the second degree, as defined in 22-22-1;
(5) Torture of a human trafficking victim, as defined in 22-49-5;
(6) Commission of a felony while armed with firearms, as defined in 22-14-12;
(7) Aggravated assault against a law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer, as defined in 22-18-1.05;
(8) Aggravated battery of an infant, as defined in 22-18-1.4;
(9) Assault with intent to cause serious permanent disfigurement, as defined in 22-18-1.5;
(10) Robbery in the first degree, as defined in 22-30-6;
(11) First degree burglary, as defined in 22-32-1;
(12) First degree arson, as defined in 22-33-9.1; and
(13) First degree human trafficking, as defined in 22-49-2.
An inmate convicted of and sentenced for an offense as specified in this section, for a crime committed on or after July 1, 2023, is not eligible for parole by the Board of Pardons and Paroles, except as provided in 24-15A-55 to 24-15A-68, inclusive. An inmate shall serve the full term of imprisonment imposed by the court for the offense. The court shall retain the discretion to suspend a portion of the prison sentence required. If the court suspends a portion of the prison sentence, the Board of Pardons and Paroles shall supervise the suspended time and has the authority to revoke the suspended portion of the sentence for failing to follow the conditions of release.
An inmate may earn any credit for which the inmate is eligible. However, such credits may only be used for increased privileges and may not be used to reduce the sentence imposed by the court.
Section 2. That chapter 24-15 be amended with a NEW SECTION:
For the purposes of this section, the term, offense, means any of the following:
(1) Vehicular homicide, as defined in 22-16-41;
(2) Aggravated assault, as defined in 22-18-1.1;
(3) Aggravated criminal battery of an unborn child, as defined in 22-18-1.3;
(4) Kidnapping in the second degree, as defined in 22-19-1.1;
(5) Second degree burglary, as defined in 22-32-3;
(6) Riot, as defined in 22-10-1;
(7) Manslaughter in the second degree, as defined in 22-16-20;
(8) Second degree human trafficking, as defined in 22-49-3;
(9) Felony child abuse, as defined in 26-10-1; and
(10) Attempt to commit, or a conspiracy to commit, or a solicitation to commit any offense enumerated in section 1 of this Act.
An inmate convicted of and sentenced for an offense as specified in this section, for a crime committed on or after July 1, 2023, is not eligible for parole by the Board of Pardons and Paroles except as provided in 24-15A-55 to 24-15A-68, inclusive. An inmate shall serve the full term of imprisonment imposed by the court for the offense. The court shall retain the discretion to suspend a portion of the prison sentence required. If the court suspends a portion of the prison sentence, the Board of Pardons and Paroles shall supervise the suspended time and has the authority to revoke the suspended portion of the sentence for failing to follow the conditions of release.
An inmate may earn any credit for which the inmate is eligible. However, such credits may only be used for increased privileges and may not be used to reduce the sentence imposed by the court, except as otherwise provided in this section.
Discharge credits earned pursuant to 24-15A-50 and 24-15A-50.1 may be used to reduce an inmate's sentence by up to fifteen percent of the sentence imposed by the court that the inmate must serve before becoming eligible for release on parole. Discharge credits may not be used to alter the inmate's sentence expiration date.
Section 3. That 24-15A-32 be AMENDED:
24-15A-32. For a crime committed before July 1, 2023, each inmate sentenced to a penitentiary term, except those under a sentence of life or death, or determined to be ineligible for parole as authorized in 24-15A-32.1, must have an initial parole date set by the department. This date must be calculated by applying the percentage indicated in the following grid to the full term, minus any suspended time. The following crimes or an attempt to commit, a conspiracy to commit, or a solicitation to commit any of the following crimes shall be considered a violent crime for purposes of setting an initial parole date: murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first degree, burglary in the second degree if committed before July 1, 2006, arson, kidnapping, felony sexual contact as defined in 22-22-7, child abuse, felony sexual contact as defined in 22-22-7.2, felony stalking as defined in 22-19A-2 and 22-19A-3, photographing a child in an obscene act, felony assault as defined in 22-18-26 and 22-18-29, felony simple assault as defined in 22-18-1, aggravated criminal battery of an unborn child as defined in 22-18-1.3, aggravated battery of an infant as defined in 22-18-1.4, assault with intent to cause serious permanent disfigurement as defined in 22-18-1.5, commission of a felony while armed as defined in 22-14-12, discharging a firearm at an occupied structure or motor vehicle as defined in 22-14-20, discharging a firearm from a moving vehicle as defined in 22-14-21, criminal pedophilia, threatening to commit a sexual offense as defined in 22-22-45, abuse or neglect of a disabled adult as defined in 22-46-2, and aggravated incest as defined in 22-22A-3 and 22-22A-3.1:
Felony Convictions |
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