Whenever any person becomes an inmate of a state correctional facility, the Department of Corrections must immediately establish in the record the date when the inmate will be eligible for consideration for parole. Such consideration for a parole eligibility date is subject to change upon receipt of information regarding a change in the number of prior felony convictions or any subsequent felony convictions. Any inmate who is aggrieved by the established parole consideration eligibility date may apply for a hearing before the Board of Pardons and Paroles for a final determination of the true and correct parole consideration eligibility date. Between the date a person becomes an inmate of the state correctional facility and the date on which the person becomes eligible for consideration for parole, the department must complete the history of the inmate and must study the life, habits, previous environment, and nature of the inmate to determine the advisability of recommending the inmate for parole when the inmate becomes eligible to be considered. At least ten days before the date of eligibility the department must submit to the board the findings regarding the inmate.
S.D. Codified Laws § 24-15-3
Establishment of date of parole consideration eligibility--Change--Hearing--Completion of history--Findings regarding inmate
Applied in 6 court decisions — leading case Brim v. South Dakota Board of Pardons & Paroles (1997)
Most recently applied in State v. Graham (May 2012)
Source: SDC 1939, § 13.5304 as added by SL 1955, ch 31, § 2; SL 1964, ch 33, § 6; SDCL § 23-60-4; SL 1978, ch 186, § 19; SL 1984, ch 180, § 3; SL 1986, ch 205, § 4; SL 1986, ch …
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.