Section 24-15A-39 - Hearing to determine compliance with inmate's individual program directive--Waiverof appearance at hearing--Determinations of board--Discretionary hearings. - South Dakota Statutes

24-15A-39. Hearing to determine compliance with inmate's individual program directive--Waiver of appearance at hearing--Determinations of board--Discretionary hearings. Any inmate whom the warden reports has not substantively complied with the individual program directive 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 a personal 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. 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.
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.