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 |
Class 2 |
.50 |
.65 |
.75 |
.95 |
Class 1 |
.50 |
.65 |
.75 |
.95 |
Class C |
.50 |
.65 |
.75 |
.95 |
Class B |
1.0 |
1.0 |
1.0 |
1.0 |
Class A |
1.0 |
1.0 |
1.0 |
1.0 |
The application of the violent or nonviolent column of the grid is based on whether the inmate's current sentence is for a violent or nonviolent crime. Any prior felony shall be considered regardless of whether it is violent or nonviolent when determining which percentage to apply to the inmate's parole date calculation. Each inmate shall serve at least sixty days prior to parole release. Inmates with life sentences are not eligible for parole except as provided in 24-15A-55 to 24-15A-68, inclusive. An initial parole date through the application of this grid may be applied to a life sentence only after the sentence is commuted to a term of years. A Class A or B felony commuted to a number of years shall be applied to the Class C violent column of the grid. An inmate convicted of a Class A or B felony who was a juvenile at the time of the offense and receives a sentence of less than life shall be applied to the Class C violent column of the grid.