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S.D. Codified Laws § 24-15A-32.1

Withholding of parole eligibility of sex offender based upon history, treatment, and risk factors

Applied in 1 court decision — 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 2006, ch 121, § 13.

Upon recommendation of sex offender treatment program staff and following a review of the inmate's history, treatment status, risk of re-offense, and psycho-sexual assessment, the warden may, at any time prior to the inmate's final discharge, recommend to the Board of Pardons and Paroles that parole eligibility pursuant to § 24-15A-32 be withheld on an inmate convicted of a felony sex offense as defined in § 22-24B-1.

The board may, after a hearing, determine if parole eligibility is to be withheld. The decision of the board to withhold parole eligibility is final.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.