South Dakota 2024 Regular Session

South Dakota Senate Bill SB9

Introduced
1/9/24  
Refer
1/9/24  
Report Pass
1/23/24  
Engrossed
1/25/24  
Refer
1/29/24  
Report Pass
2/21/24  
Enrolled
2/22/24  

Caption

Further limit applications for clemency for violent crime offenders sentenced to life imprisonment.

Impact

The implications of SB9 on state laws are substantial, as it will further limit the discretion of the Board of Pardons and Paroles regarding clemency for serious offenders. The modifications in both clemency and parole application processes reflect a broader push towards stricter sentencing and parole regulations, indicating a trend towards more punitive criminal justice reform in South Dakota. Such changes could result in a reduced number of clemency cases being considered by the board, raising questions about the rights of inmates to seek reductions in their sentences for rehabilitation or extraordinary circumstances.

Summary

Senate Bill 9 aims to amend existing laws regarding the application for clemency by violent crime offenders sentenced to life imprisonment. The bill stipulates that if a clemency application is denied for these offenders, they will not be able to present another application for a period of four years, marking a significant increase from the previous one-year waiting period. This bill effectively restricts the avenues for life sentences to seek clemency, thereby reinforcing the penalties for violent crimes in South Dakota.

Sentiment

The sentiment expressed around SB9 appears to be largely supportive within certain factions of the legislature, especially among those prioritizing public safety and stricter consequences for violent crimes. Proponents argue that life sentences should come with stringent consequences, reflecting a societal demand for justice for victims of violent offenses. Conversely, opponents could raise concerns about the reduced opportunities for rehabilitation and mercy for inmates, suggesting that the bill may ignore the potential for reform and second chances within the justice system.

Contention

If enacted, SB9 could lead to significant contention regarding criminal justice practices in South Dakota. Critics may argue that the bill undermines justice by eliminating critical opportunities for clemency, which could have stemmed from rehabilitative progress or mitigating circumstances at the time of sentencing. The balance between ensuring public safety and allowing for individualized justice has always been a contentious topic, and SB9 seems poised to deepen this division.

Companion Bills

No companion bills found.

Previously Filed As

SD SB146

Limit parole for violent offenders.

SD HB1182

Allow the parole of inmates sentenced to life imprisonment without parole for crimes committed under age twenty-one.

SD HB1160

Limit probation for offenders with four or more felony convictions.

SD HB1170

Establish mandatory sentences for certain driving while under the influence violations.

SD SB52

Update certain provisions regarding the Department of Corrections and the authority of the Secretary of Corrections.

SD SB176

Modify certain requirements for removal from the sex offender registry.

SD SB4

Modify a court's authority to commit a habitual juvenile offender to the Department of Corrections.

SD HB1077

Prohibit eligibility for a suspended imposition of sentence for certain rape offenses.

SD HB1175

Update references to the Governor, lieutenant governor, and other persons.

SD HB1016

Authorize the South Dakota Department of Corrections to construct a prison facility for offenders committed to the Department of Corrections in Rapid City, to make an appropriation therefor, and to declare an emergency.

Similar Bills

No similar bills found.