Establish a parole hearing requirement for certain inmates.
Impact
The implementation of HB 1171 will amend existing parole laws in South Dakota, particularly targeting habitual offenders. It seeks to balance public safety concerns surrounding high-risk populations with the need for rehabilitation. The requirement for parole hearings for certain inmates could lead to increased scrutiny of the parole process and foster systematic evaluation of inmates’ readiness for reintegration into society. It also introduces a structure that ensures inmates who don’t receive parole at their initial date have further opportunities for review every two years.
Summary
House Bill 1171 aims to establish a new parole hearing requirement specifically for inmates who have been convicted of four or more prior felony offenses and are subsequently convicted of specific offenses. This bill mandates that the state parole board must hold a hearing at the time of the inmate's initial parole date to assess whether the inmate may be released on parole. This process includes criteria that must be met by the inmate to be considered for parole, such as having completed a sufficient length of confinement for rehabilitation, not posing a danger to society, and securing suitable employment or beneficial occupation during parole.
Contention
Notably, there may be contention around this bill as it introduces discretionary elements that could affect inmates' rights to early release. Critics of the legislation might argue that while it aims to ensure public safety, it could also impede the rehabilitation and reintegration process for inmates who have shown evidence of reform. Additionally, questions may arise surrounding the criteria used to determine whether an inmate is a danger to society and how this impacts their chances of rehabilitation.
Voting_history
As of February 8, 2023, the bill was tabled without a vote, receiving unanimous support with 11 yeas and 0 nays during its consideration, indicating potential bipartisan support or agreement on the necessity of reviewing parole processes for habitual offenders.
Pardons and Paroles, requirements for release on parole further provided for, apply for appellate relief when parole denied in certain circumstances, require medical parole hearing held within a certain time frame, allow an inmate released on medical furlough place of residence
Relating to pardons and paroles; to amend Sections 15-22-26, 15-22-28, 15-22-37, and 15-22-43, Code of Alabama 1975, to require the Board of Pardons and Paroles to give weighted consideration to an inmate's age when determining whether to grant parole, to require the board to hold a rehearing once parole is denied for certain inmates, to provide for appellate relief for a prisoner with a serious chronic health condition who was denied parole in certain circumstances; to require the board to hold a medical parole hearing within a specified period of time of an inmate becoming eligible for medical parole; provide for appellate relief for an inmate who was denied medical parole; to amend Section 14-14-5, Code of Alabama 1975, to provide that an inmate released on medical furlough may reside in any state; to add Section 15-22-25.5 to the Code of Alabama 1975, to provide that an inmate may attend his or her parole hearing virtually; and to make nonsubstantive, technical revisions to update the existing code language to current style.