S.D. Codified Laws § 24-15-4.1

Current through the 2024 Legislative Session

Section 24-15-4.1 - Inmate sentenced to term of imprisonment ineligible for parole-Exception-No discharge credit

For the purposes of this section, the term, offense, means any of the following:

(1) Manslaughter in the first degree, as defined in § 22-16-15;

(2) Kidnapping in the first degree, as defined in § 22-19-1;

(3) Rape in the first degree, as defined in § 22-22-1;

(4) Rape in the second degree, as defined in § 22-22-1;

(5) Torture of a human trafficking victim, as defined in § 22-49-5;

(6) Commission of a felony while armed with firearms, as defined in § 22-14-12;

(7) Aggravated assault against a law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer, as defined in § 22-18-1.05;

(8) Aggravated battery of an infant, as defined in § 22-18-1.4;

(9) Assault with intent to cause serious permanent disfigurement, as defined in § 22-18-1.5;

(10) Robbery in the first degree, as defined in § 22-30-6;

(11) First degree burglary, as defined in § 22-32-1;

(12) First degree arson, as defined in § 22-33-9.1; and

(13) First degree human trafficking, as defined in § 22-49-2.

An inmate convicted of and sentenced for an offense as specified in this section, for a crime committed on or after July 1, 2023, is not eligible for parole by the Board of Pardons and Paroles, except as provided in §§ 24-15A-55 to 24-15A-68, inclusive. An inmate shall serve the full term of imprisonment imposed by the court for the offense. The court shall retain the discretion to suspend a portion of the prison sentence required. If the court suspends a portion of the prison sentence, the Board of Pardons and Paroles shall supervise the suspended time and has the authority to revoke the suspended portion of the sentence for failing to follow the conditions of release.

An inmate may earn any credit for which the inmate is eligible. However, such credits may only be used for increased privileges and may not be used to reduce the sentence imposed by the court.

SDCL 24-15-4.1

SL 2023, ch 80, §1.

Added by S.L. 2023, ch. 80,s. 1, eff. 7/1/2023.