24-14-8. Application for exceptional pardon--Persons eligible.
Upon the expiration of five years following the release of an applicant from a Department of Corrections facility who was convicted of not more than one felony, which was not an offense punishable by life imprisonment, the applicant may apply to the Board of Pardons and Paroles for an exceptional pardon. If an applicant was convicted of a crime that did not result in the applicant subsequently serving a prison sentence, the applicant may apply for an exceptional pardon if at least five years have passed from the date of the applicant's offense, if the applicant was not convicted of more than one felony, and if the offense was not punishable by life imprisonment.
Source: SL 1974, ch 169, §2; SDCL Supp, §23-59-11; SL 1978, ch 186, §41; SL 2005, ch 132, §7.
Structure South Dakota Codified Laws
Title 24 - Penal Institutions, Probation and Parole
Chapter 14 - Executive Clemency
Section 24-14-1 - Delegation of authority by Governor.
Section 24-14-2 - Forms of clemency.
Section 24-14-4 - Publication of notice of application for clemency.
Section 24-14-6 - Appearance before board to object to recommendation for clemency.
Section 24-14-7 - Recommendation for clemency to be in writing--Record of findings and reasons.
Section 24-14-8 - Application for exceptional pardon--Persons eligible.
Section 24-14-9 - Notice requirements on application for exceptional pardon--Reference by Governor.
Section 24-14-10 - Recommendations for exceptional pardon.
Section 24-14-12 - Application of § 22-14-15 to person granted pardon by Governor.