South Dakota Codified Laws 24-15-23. Preliminary hearing on parole violation–Waiver of preliminary hearing–Detention for board hearing–Waiver of appearance at revocation hearing
Subject to the provisions of §§ 24-15-23.1 and 24-15-23.2, within ten working days of the arrest of the parolee, a preliminary hearing must be held. The preliminary hearing must be held before an independent hearing officer to determine if there is probable cause to believe that the parolee has violated the terms and conditions of the parolee’s parole status. The parolee has the right to waive this preliminary hearing at any time after the order for arrest has been issued by the executive director of the Board of Pardons and Paroles. If probable cause is found to exist, the parolee is to be returned to the state correctional facility, there to be held, for a hearing to be held before the Board of Pardons and Paroles to determine whether the parole should be revoked. If the parolee wishes to admit to an alleged violation of conditions of parole, the parolee may waive an appearance at the revocation hearing with the board.
Terms Used In South Dakota Codified Laws 24-15-23
- Arrest: Taking physical custody of a person by lawful authority.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
Source: SL 1978, ch 186, § 31; SL 2002, ch 124, § 2; SL 2004, ch 170, § 1; SL 2012, ch 137, § 6; SL 2023, ch 82, § 88.