24-15A-39. Hearing to determine compliance with parole release standards--Waiver of appearance--Determinations of board--Discretionary hearings. Any inmate whom the warden reports has not substantively complied with the individual program directive or for whom there is insufficient information for the warden to determine substantive compliance or noncompliance shall have a hearing with the board to determine the inmate's compliance with the individual program directive. However, if the inmate wishes to admit to noncompliance with the individual program directive, the inmate may waive an appearance at this hearing.
The board may determine the inmate has substantively complied with the individual program directive and release the inmate at the inmate's initial parole date or as soon as reasonably possible following the initial parole date and hearing. The board may also determine the inmate has not substantively met the requirements of the individual program directive, deny release at the initial parole date and set the time for a subsequent discretionary parole hearing. If an inmate does not have an individual program directive, the board shall utilize the standards contained in § 24-15A-42 in making its determination. Any inmate appeal of a finding of noncompliance by the board shall be filed pursuant to chapter 1-26 in the county in which the inmate is confined or in Minnehaha County if the inmate is housed outside the State of South Dakota.
Any inmate not released at the time of the inmate's initial parole date shall have a discretionary parole hearing at least every two years.
Source: SL 1996, ch 158, § 38; SL 1999, ch 132, § 1; SL 2002, ch 124, § 3; SL 2012, ch 137, § 2.
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