25.423.11 100th Legislative Session 64
2025 South Dakota Legislature
Senate Bill 64
Introduced by: The Chair of the Committee on Judiciary at the request of the Department of Corrections
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An Act to revise provisions related to the establishment of an initial parole date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 24-15-4.1 be AMENDED:
24-15-4.1. 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;
(14) An act of terrorism, as defined in § 22-8-12;
(15) Aggravated kidnapping in the second degree, as defined in § 22-19-1.1;
(16) First degree murder, as defined in § 22-16-4; and
(17) Attempted first degree murder of a law enforcement officer, as defined in § 22-4-
3.
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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 retains 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 must supervise the suspended time and has the authority to may revoke the
suspended portion of the sentence for failing the inmate's failure to follow the conditions
of release.
An inmate may earn any credit for which the inmate is eligible. However, such
credits the credit may only be used for increased privileges and may not be used to reduce
the sentence imposed by the court.
Section 2. That § 24-15-4.2 be AMENDED:
24-15-4.2. 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 robbery, as defined in § 22-30-6;
(5)(6) Second degree burglary, as defined in § 22-32-3;
(6)(7) Riot, as defined in § 22-10-1;
(7)(8) Manslaughter in the second degree, as defined in § 22-16-20;
(8)(9) Second degree human trafficking, as defined in § 22-49-3;
(9)(10) Felony child abuse, as defined in § 26-10-1; and
(10)(11) 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 retains 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 must supervise the suspended time and has the authority to may revoke the
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suspended portion of the sentence for failing the inmate's failure to follow the conditions
of release.
An inmate may earn any credit for which the inmate is eligible. However, such
credits the credit 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.
Section 3. That § 24-15A-32 be AMENDED:
24-15A-32. For a crime committed before July 1, 2023, each inmate sentenced
to a state incarceration term, except those under a sentence of life or death, or determined
to be ineligible for parole as authorized in § 24-15A-32.1, must have an initial parole date
set by the department. This date must be calculated by applying the percentage indicated
in the following grid to the full term, minus any suspended time. The following crimes A
crime listed below, or an attempt to commit, a conspiracy to commit, or a solicitation to
commit any of the following crimes shall be considered crime listed below, is a violent
crime for purposes of setting an initial parole date: murder, manslaughter, rape,
aggravated assault, riot, robbery, burglary in the first degree, burglary in the second
degree if committed before July 1, 2006, arson, kidnapping, felony sexual c ontact as
defined in §§ 22-22-7 and 22-22-7.2, child abuse, felony sexual contact as defined in
§ 22-22-7.2, felony stalking as defined in §§ 22-19A-2 and 22-19A-3, photographing a
child in an obscene act as previously set forth in § 22-22-23, felony assault as defined in
§§ 22-18-26 and 22-18-29, felony simple assault as defined in § 22-18-1, aggravated
criminal battery of an unborn child as defined in § 22-18-1.3, aggravated battery of an
infant as defined in § 22-18-1.4, assault with intent to cause serious permanent
disfigurement as defined in § 22-18-1.5, commission of a felony while armed as defined
in § 22-14-12, discharging a firearm at an occupied structure or motor vehicle as defined
in § 22-14-20, discharging a firearm from a moving vehicle as defined in § 22-14-21,
criminal pedophilia as previously set forth in § 22-22-30.1, threatening to commit a sexual
offense as defined in § 22-22-45, abuse or neglect of a disabled adult as defined in § 22-
46-2, and aggravated incest as defined in §§ 22-22A-3 and 22-22A-3.1:
Felony Convictions
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Felony Class First Second Third
Nonviolent
Class 6 .25 .30 .40
Class 5 .25 .35 .40
Class 4 .25 .35 .40
Class 3 .30 .40 .50
Class 2 .30 .40 .50
Class 1 .35 .40 .50
Class C .35 .40 .50
Violent
Class 6 .35 .45 .55
Class 5 .40 .50 .60
Class 4 .40 .50 .65
Class 3 .50 .60 .70
Class 2 .50 .65 .75
Class 1 .50 .65 .75
Class C .50 .65 .75
Class B 1.0 1.0 1.0
Class A 1.0 1.0 1.0
The application of the violent or nonviolent column of the grid is based on whether
the inmate's current sentence is for a violent or nonviolent crime. The department shall
consider any prior felony regardless of whether the crime is violent or nonviolent when
determining which percentage to apply to the inmate's parole date calculation. Each
inmate shall serve at least sixty days prior to parole release. An inmate with a life sentence
is not eligible for parole except as provided in §§ 24-15A-55 to 24-15A-68, inclusive. An
initial parole date through the application of this grid may be applied to a life sentence
only after the sentence is commuted to a term of years. A Class A or B felony commuted
to a number of years shall must be applied to the Class C violent column of the grid. An
inmate convicted of a Class A or B felony who was a juvenile at the time of the offense
and receives a sentence of less than life shall must be applied to the Class C violent column
of the grid.
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For a crime committed on or after July 1, 2023, each inmate sentenced to a
penitentiary term, except those under a sentence of life or death, or determined to be
ineligible for parole as authorized in §§ 24-15-4.1, 24-15-4.2, and 24-15A-32.1, must
have an initial parole date set by the department. The date must be calculated by applying
the percentage indicated in the following grid to the full term of the sentence, minus any
suspended time. Any of the following crimes, or any attempt to comm it, a conspiracy to
commit, or a solicitation to commit any of the following crimes is considered a violent
crime for the purpose of setting an initial parole date: arson in the second degree as
defined in § 22-33-9.2, rape in the third or fourth degree as defined in § 22-22-1, felony
sexual contact as defined in §§ 22-22-7 and 22-22-7.2, felony stalking as defined in
§§ 22-19A-2 and 22-19A-3, felony assault as defined in §§ 22-18-26 and 22-18-29, felony
simple assault as defined in § 22-18-1, discharging a firearm at an occupied structure or
motor vehicle as defined in § 22-14-20, discharging a firearm from a moving vehicle as
defined in § 22-14-21, threatening to commit a sexual offense as defined in § 22-22-45,
abuse or neglect of a disabled adult as defined in § 22-46-2, and aggravated incest as
defined in §§ 22-22A-3 and 22-22A-3.1:
Felony Convictions
Felony Class First Second Third
Nonviolent
Class 6 .25 .30 .40
Class 5 .25 .35 .40
Class 4 .25 .35 .40
Class 3 .30 .40 .50
Class 2 .30 .40 .50
Class 1 .35 .40 .50
Class C .35 .40 .50
Violent
Class 6 .35 .45 .55
Class 5 .40 .50 .60
Class 4 .40 .50 .65
Class 3 .50 .60 .70
Class 2 .50 .65 .75
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Class 1 .50 .65 .75
Class C .50 .65 .75
Class B 1.0 1.0 1.0
Class A 1.0 1.0 1.0
§ 24-15-4.1 1.0 1.0 1.0
§ 24-15-4.2 1.0–.85 1.0–.85 1.0–.85
The application of the violent or nonviolent column of the grid is based on whether
the inmate's current sentence is for a violent or nonviolent crime. The department shall
consider any prior felony regardless of whether the crime is violent or nonviolent when
determining which percentage to apply to the inmate's parole date calculation. Each
inmate shall serve at least sixty days prior to parole release. An inmate with a life sentence
and an inmate who commits an offense as defined in § 24-15-4.1 is not eligible for parole
except as provided in §§ 24-15A-55 to 24-15A-68, inclusive. An inmate who commits an
offense as defined in § 24-15-4.2 is not eligible for parole except as provided in §§ 24-
15-4.2 and 24-15A-55 to 24-15A-68, inclusive. The provisions set forth in §§ 24-15-4.1
and 24-15-4.2 apply to a life sentence that has been commuted to a term of years.
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