24-15-23. Preliminary hearing on parole violation--Waiver of preliminary hearing--Detention for board hearing--Waiver of appearance at revocation hearing.
Subject to the provisions of §§24-15-23.1 and 24-15-23.2, within ten working days of the arrest of the parolee, a preliminary hearing shall be held. The preliminary hearing shall be held before an independent hearing officer to determine if there is probable cause to believe that the parolee has violated the terms and conditions of the parolee's parole status. The parolee has the right to waive this preliminary hearing at any time after the order for arrest has been issued by the executive director of the Board of Pardons and Paroles. If probable cause is found to exist, the parolee is to be returned to the penitentiary, there to be held, for a hearing to be held before the Board of Pardons and Paroles to determine whether the parole should be revoked. If the parolee wishes to admit to an alleged violation of conditions of parole, the parolee may waive an appearance at the revocation hearing with the board.
Source: SL 1978, ch 186, §31; SL 2002, ch 124, §2; SL 2004, ch 170, §1; SL 2012, ch 137, §6.
Structure South Dakota Codified Laws
Title 24 - Penal Institutions, Probation and Parole
Chapter 15 - Paroles From The Penitentiary
Section 24-15-1 - Files and case histories of inmates--Purposes--Access to file.
Section 24-15-1.1 - Parole defined--Prisoner not required to accept parole--No right to parole.
Section 24-15-1.2 - Prior felonies--Determination and effect on parole eligibility.
Section 24-15-2 - Contents and sources for case histories.
Section 24-15-4 - Inmate sentenced to life imprisonment ineligible for parole--Exception.
Section 24-15-5 - Time of eligibility for parole.
Section 24-15-6 - Effect of concurrent sentences on eligibility for parole.
Section 24-15-7 - Effect of consecutive sentences on eligibility for consideration for parole.
Section 24-15-7.1 - Effect of consecutive sentence for offense committed as an inmate.
Section 24-15-9 - Transfer of inmate to Human Services Center--Return to penitentiary.
Section 24-15-10 - Waiting period for new application after denial of parole or clemency.
Section 24-15-11 - Restrictions on parolee--Bond--Restitution--Child support--Supervision fees.
Section 24-15-11.1 - Substituting community service for supervision fees.
Section 24-15-11.2 - Revenue to general fund.
Section 24-15-11.3 - Promulgation of rules establishing supervision fees.
Section 24-15-12 - Clothing and travel expense for parolee.
Section 24-15-13 - Legal custody of parolee--Conviction remains in effect.
Section 24-15-14 - Supervision of parolees--Employment of personnel.
Section 24-15-16 - Interstate agreements for supervision and return of parolees unimpaired.
Section 24-15-19 - Powers of Department of Corrections when purposes of parole not being served.
Section 24-15-20 - Order to show cause against parole revocation--Grounds.
Section 24-15-22 - Records and report to board on return of parolee to penitentiary.
Section 24-15-23.1 - Preliminary hearing on parole violation not required under certain conditions.
Section 24-15-24 - Revocation or modification of parole.
Section 24-15-25 - Parole of mentally ill inmate--Continuation of treatment as condition.
Section 24-15-26 - Arrest of parolee--Notification to executive director.
Section 24-15-27 - Request to modify parole agreement.
Section 24-15-28 - Reimbursement of county for expenses incurred in detention of parole violator.
Section 24-15-30 - Written waiver of right to hearing or appearance.