24-15A-50. Award of earned discharge credits.
Each parolee shall be awarded earned discharge credits as follows:
(1)For each full calendar month of compliance with the terms of supervision, an earned discharge credit of the number of days in that month shall be deducted from the parolee's sentence discharge date established in §§24-15A-6 and 24-5-1. No earned discharge credit may be awarded for partial months or for the first full calendar month of parole supervision in the community;
(2)A parolee is deemed to be compliant with the terms of supervision and shall be awarded earned discharge credits for the month if there was no violation of conditions of supervision during the month at the level warranting formal response per standardized department directive. A parolee may not receive earned discharge credits for the month if the parolee had a violation of conditions resulting in a formal response;
(3)No earned discharge credit may accrue for a calendar month in which a violation report has been submitted, the parolee has absconded from supervision, the parolee is under sanction of jailing or detainment, or for the months between the submission of the violation report and the final action on the violation report by the board. If the board does not find that the provisions of §24-15A-27 or 24-15-20 have been violated, the board may include an award of earned discharge credits for the months the violation report was pending in the board's order to restore the parolee to the original or modified terms and conditions of parole;
(4)A parolee serving a sentence for a conviction of a sex offense as defined in §22-24B-1 or a violation of sex offender registry requirements or a violation of community safety zone requirements is not eligible for earned discharge credits on any sex offense, sex offender registry violation, or community safety zone violation sentence;
(5)Earned discharge credits shall be applied to the sentence discharge date within thirty days of the end of the month in which the credits were earned. At least every six months, a parolee who is serving a sentence eligible for earned discharge credits shall be notified of the current sentence discharge date; and
(6)A parolee serving an eligible South Dakota prison sentence in any community in another state under the Interstate Compact for Adult Offender Supervision is eligible for earned discharge credits pursuant to this chapter.
Source: SL 2013, ch 101, §36.
Structure South Dakota Codified Laws
Title 24 - Penal Institutions, Probation and Parole
Chapter 15A - Adult Prison Parole System
Section 24-15A-1 - Application of chapter.
Section 24-15A-2 - Definition of terms.
Section 24-15A-3 - Crimes committed after July 1, 1996 .
Section 24-15A-4 - Disciplinary sanctions--Corporal punishment.
Section 24-15A-6 - Sentence discharge dates--Jurisdiction over inmate.
Section 24-15A-8 - Early final discharge--Certificate of discharge.
Section 24-15A-8.1 - Partial early final discharge.
Section 24-15A-9 - Designation of hearing officers--Written recommendation.
Section 24-15A-10 - Designation of panels to conduct hearings--Final action.
Section 24-15A-11 - Parole and clemency--Concurrence by panel or board.
Section 24-15A-11.1 - Appeal of panel's decisions--Authority of panel.
Section 24-15A-11.2 - Review of denial of pardon recommendation.
Section 24-15A-12 - Parole hearings.
Section 24-15A-13 - Duties of executive director of board.
Section 24-15A-14 - File containing history of inmate--Purposes--Access to file.
Section 24-15A-16.1 - Suspended imposition of sentence--Effect on parole eligibility.
Section 24-15A-17 - Preparation for parole hearing.
Section 24-15A-18 - Concurrent sentencing--Determination of initial parole date.
Section 24-15A-19 - Consecutive sentencing--Determination of initial parole date.
Section 24-15A-20 - Consecutive sentencing--Parole eligibility.
Section 24-15A-23 - Application for clemency.
Section 24-15A-23.1 - Eligibility for clemency.
Section 24-15A-24 - Restrictions on parolee--Bond--Restitution--Child support--Supervision fees.
Section 24-15A-25 - Parolee release--Necessities.
Section 24-15A-26 - Parolee release to other state--Supervision.
Section 24-15A-27 - Show cause parole revocation order.
Section 24-15A-28 - Revocation or modification of parole.
Section 24-15A-29 - Discretionary parole date on revocation--Conditions--Discretionary hearings.
Section 24-15A-29.1 - Parole date on revocation prior to release.
Section 24-15A-30 - Parole release of inmate requiring treatment.
Section 24-15A-31 - Modification of parole agreement.
Section 24-15A-33 - Change in initial parole date.
Section 24-15A-34 - Individual program directives for inmates.
Section 24-15A-36 - Inmate to submit parole release plan.
Section 24-15A-37 - Parole agreement on conditions of supervision.
Section 24-15A-38 - Inmate release to parole supervision--Conditions.
Section 24-15A-40 - Right of review.
Section 24-15A-41 - Subsequent parole after hearing.
Section 24-15A-41.1 - Parole of inmate to custody of another state or federal jurisdiction.
Section 24-15A-42 - Procedural rules--Parole release standards.
Section 24-15A-44 - Effect of validity of chapter.
Section 24-15A-45 - Evidence-based practices targeting parolee's criminal risk and need factors.
Section 24-15A-46 - Training on evidence-based practices and criminal risk factors.
Section 24-15A-47 - Report on implementation of supervision practices and training.
Section 24-15A-48 - Response to violation of supervision conditions.
Section 24-15A-49 - Report of graduated sanction.
Section 24-15A-50 - Award of earned discharge credits.
Section 24-15A-50.1 - Additional earned discharge credits.
Section 24-15A-51 - Report of eligibility for award of discharge credits.
Section 24-15A-52 - Review of ineligibility determination.
Section 24-15A-53 - Report of parolees qualifying for earned discharge credits.
Section 24-15A-54 - Transfer to administrative financial accountability system.
Section 24-15A-55 - Eligibility for compassionate parole.
Section 24-15A-56 - Referral for compassionate parole hearing.
Section 24-15A-61 - Inmate granted compassionate parole subject to statutory requirements.
Section 24-15A-63 - Extended confinement.
Section 24-15A-64 - Promulgation of rules regarding compassionate parole.
Section 24-15A-65 - Inmate on compassionate parole ineligible for earned discharge credits.
Section 24-15A-66 - Effect of revocation of compassionate parole.