2023 South Dakota Legislature

House Bill 1160

An Act to limit probation for offenders with four or more felony convictions.

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

Section 1. That   24-15A-32 be AMENDED:

24-15A-32. 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, shall have an initial parole date set by the department. This date shall be calculated by applying the percentage indicated in the following grid to the full term minus any suspended time of the inmate's sentence pursuant to   22-6-1. The following crimes or an attempt to commit, or 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

Felony Class

First

Second

Third

Fourth and subsequent

Nonviolent

Class 6

.25

.30

.40

.60

Class 5

.25

.35

.40

.60

Class 4

.25

.35

.40

.60

Class 3

.30

.40

.50

.70

Class 2

.30

.40

.50

.70

Class 1

.35

.40

.50

.70

Class C

.35

.40

.50

.70

Violent

Class 6

.35

.45

.55

.75

Class 5

.40

.50

.60

.80

Class 4

.40

.50

.65

.85

Class 3

.50

.60

.70

.90