The determination of whether a prior offense is a felony for the purposes of this chapter shall be determined by whether it is a felony under the laws of this state, any other state, or the United States at the time of conviction of the offense. Any felony conviction in this state, any other state, or the United States shall be considered to determine an initial parole date under §§ 24-15-4 and 24-15A-32.
S.D. Codified Laws § 24-15A-16
Determination of whether prior offense constitutes felony--Effect of determination
Applied in 2 court decisions — leading case Reck v. S.D. Bd. of Pardons & Paroles (2019)
Most recently applied in Reck v. S.D. Bd. of Pardons & Paroles (July 2019)
Source: SL 1996, ch 158, § 15.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.