S.D. Codified Laws § 24-15-4.2

Current through the 2024 Legislative Session

Section 24-15-4.2 - Inmate sentenced to term of imprisonment ineligible for parole-Exception-Limited discharge credit

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

(1) Vehicular homicide, as defined in § 22-16-41;

(2) Aggravated assault, as defined in § 22-18-1.1;

(3) Aggravated criminal battery of an unborn child, as defined in § 22-18-1.3;

(4) Kidnapping in the second degree, as defined in § 22-19-1.1;

(5) Second degree burglary, as defined in § 22-32-3;

(6) Riot, as defined in § 22-10-1;

(7) Manslaughter in the second degree, as defined in § 22-16-20;

(8) Second degree human trafficking, as defined in § 22-49-3;

(9) Felony child abuse, as defined in § 26-10-1; and

(10) Attempt to commit, or a conspiracy to commit, or a solicitation to commit any offense enumerated in § 24-15-4.1.

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, except as otherwise provided in this section.

Discharge credits earned pursuant to §§ 24-15A-50 and 24-15A-50.1 may be used to reduce an inmate's sentence by up to fifteen percent of the sentence imposed by the court that the inmate must serve before becoming eligible for release on parole. Discharge credits may not be used to alter the inmate's sentence expiration date.

SDCL 24-15-4.2

SL 2023, ch 80, §2.

Added by S.L. 2023, ch. 80,s. 2, eff. 7/1/2023.