ARSD Article 17:61 — PAROLE SERVICES

CORRECTIONS CORRECTIONS

Chapter 17:61:01 General provisions

ARSD 17:61:01:01 Definitions

Words used in this article mean:

(1) "Agent," any person employed by parole services to supervise persons under supervision;

(2) "Agreement," the form that contains the conditions of supervision agreed upon, signed by the person under supervision;

(3) "Arrest warrant," a document issued by the executive director for the arrest of a person under supervision;

(4) "Detainer," a document issued by parole services for the arrest and detention of a person under supervision;

(5) "Executive director of parole services," the person employed by the department to administer parole services;

(6) "Dual supervision," supervision by more than one agency of government of a person under supervision;

(7) "Person under supervision," any person requiring supervision who falls under the following categories:

(a) "Interstate or out-of-state," any person whose case is accepted for courtesy supervision in South Dakota pursuant to the rules in this chapter;

(b) "Parole," any inmate released from a department facility by action of the Board of Pardons and Paroles or under the provisions of SDCL 24-15A-38; and

(c) "Suspended sentence," any person whose sentence is suspended by the court and who is under the supervision of parole services;

(8) "Person under supervision records," records that contain the person under supervision's case history and adjustment to supervision;

(9) "Special limitations," those conditions of supervision that are established by the Board of Pardons and Paroles, the executive director of parole services, a parole supervisor, a parole agent, interstate compact, or the court;

(10) "Staff," all persons employed in any capacity by parole services;

(11) "Supervisor," the person appointed by the executive director of parole services to assist in administrative duties in the field; and

(12) "Collateral contact," any contact made by a parole agent or parole supervisor with any person other than the parolee, but regarding the parolee. Examples are any contact with the parolee's employer, family members, or treatment providers.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 23A-27-19, 24-15-14, 24-16-1.

ARSD 17:61:01:02 Scope

The rules in this chapter apply to parole services and persons under supervision.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 23A-27-19, 24-15-14, 24-16-1.

ARSD 17:61:01:03 Repealed

Official office.** Repealed.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:61:01:04 Administrative reports

Reports pertaining to administrative functions, budgetary, fiscal matters, and statistics must be maintained in the office of the executive director of parole services.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 1-15-6.1, 24-15-14.

ARSD 17:61:01:05 Persons under supervision records

All persons under supervision records must be maintained in designated field offices.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-14, 24-15-22.

ARSD 17:61:01:06 Information

Persons under supervision shall provide complete information as required by parole services. False statements given by a person under supervision shall result in disciplinary action.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-14, 24-15-20(3), 24-15A-27.

ARSD 17:61:01:07 Repealed

Status.** Repealed.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:61:01:08 Interstate compact supervision

The rules in this article apply to persons under interstate compact supervision.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-14, 24-15-15, 24-15A-26, 24-16-1.

ARSD 17:61:01:09 Violation of rules

Violation of this article shall result in one or more of the following actions:

(1) Disciplinary action;

(2) Return to a department institution; or

(3) Criminal prosecution.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-19.

ARSD 17:61:01:10 Responsibility for and documentation of payments

All persons under supervision of parole services, either paroled in state, released on suspended sentence, or accepted through the interstate compact, are responsible, if ordered by a court or paroling authority that has jurisdiction, for paying court costs, restitution, fines, support obligations, and supervision fees and shall provide documentation of payment to the supervising agent.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-11, 24-15-19, 24-15A-24, 24-16-1.

ARSD 17:61:01:11 Detainer

A parole agent, includes any tribal parole officer hired pursuant to the tribal parole project, shall issue and execute a detainer to prevent escape and enforce discipline on any parolee.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997; 41 SDR 107, effective January 5, 2015.
• General Authority: SDCL 1-15-20, 1-54-8.
• Law Implemented: SDCL 24-15-19, 1-54-8.

ARSD 17:61:01:12 Supervision fees

Persons under supervision as defined in §§ 17:61:02:08 to 17:61:02:10, inclusive, and 17:61:02:19 may be assessed supervision fees of $20 a month and persons under intensive supervision as defined in § 17:61:02:18 may be assessed supervision fees of $25 a month.

History

• Source: 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004; 35 SDR 234, effective April 21, 2009.
• General Authority: SDCL 24-15-11.3.
• Law Implemented: SDCL 24-15-11 to 24-15-11.3, 24-15A-24.

ARSD 17:61:01:13 Hearing officers

The executive director of parole services shall appoint hearing officers to conduct preliminary hearings.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; transferred from § 17:61:04:01, 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-23.

Chapter 17:61:02 Supervision

ARSD 17:61:02:01 Agreement of supervision

Persons under supervision shall sign an agreement specifying the conditions under which the person is supervised.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-11, 24-15-14.

ARSD 17:61:02:02 Repealed

Conditions for aftercare.** Repealed.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:61:02:03 Special limitations

Before being released on parole or suspended sentence, the inmate shall execute a supervision agreement setting forth the general and special limitations, restrictions, and conditions that are imposed by the board, the executive director of parole services, a parole supervisor, a parole agent, interstate compact, or the court.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-11, 24-15A-24, 24-15A-37, 24-15A-40, 24-16-1.

ARSD 17:61:02:04 Failure to sign agreement

Failure to sign the original or amended agreement of supervision constitutes a violation of this article.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-19, 24-15A-37.

ARSD 17:61:02:05 Persons under supervision -- Initial report

All persons under supervision shall report to the person's designated agent within 72 hours after release from any institution unless the time is otherwise specifically designated by the Board of Pardons and Paroles or parole services.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-14.

ARSD 17:61:02:06 Monthly reporting

Persons under supervision shall report to the supervising agent in writing by the last day of each month.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-14.

ARSD 17:61:02:07 Falsification of reports

The intentional falsification of reports, either oral or written, by persons under supervision is grounds for disciplinary action.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-20(3), 24-15A-27(3).

ARSD 17:61:02:08 Maximum supervision

Maximum supervision is a classification granted to a person under supervision that requires two personal contacts and one collateral contact each thirty-day period. However, the number of contacts may vary from these requirements based upon individual situations.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-14.

ARSD 17:61:02:09 Medium supervision

Medium supervision is a classification granted to a person under supervision that requires one personal contact and one collateral contact each thirty-day period. However, the number of contacts may vary from these requirements based upon individual situations.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-14.

ARSD 17:61:02:10 Minimum supervision

Minimum supervision is a classification granted to a person under supervision that requires one personal contact and one collateral contact each sixty-day period. However, the number of contacts may vary from these requirements based upon individual situations.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-14.

ARSD 17:61:02:11 Repealed

Collateral supervision.** Repealed.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 12 SDR 213, effective July 14, 1986.

ARSD 17:61:02:12 Dual supervision

Dual supervision does not negate the responsibility of the person under supervision to comply with the supervision agreement as required in § 17:61:02:01.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-14.

ARSD 17:61:02:13 Repealed

Program participation.** Repealed.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 12 SDR 213, effective July 14, 1986.

ARSD 17:61:02:14 Repealed

Violation of conditional release.** Repealed.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:61:02:15 Violations

Violation of the supervision agreement may result in the issuance of a detainer or warrant for the person under supervision.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-21.

ARSD 17:61:02:16 Use of alias.`

Use of alias.** A person under supervision may not use an alias or any other name that is not the person's legal name.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 24 SDR 44, effective October 14, 1997.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-14.

ARSD 17:61:02:17 Undercover activity

Persons under supervision may not participate in undercover activities without prior authorization from the executive director of parole services.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; 30 SDR 198, effective June 23, 2004.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-14.

ARSD 17:61:02:18 Intensive supervision

Intensive supervision is a classification granted to a person under supervision that requires one personal contact per week, one collateral contact per week, and one random unannounced contact each thirty-day period. However, the number of contacts may vary from these requirements based upon individual situations.

History

• Source: 24 SDR 44, effective October 14, 1997; 30 SDR 198, effective June 23, 2004.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-14.

ARSD 17:61:02:19 Indirect supervision

Indirect supervision is a classification granted to a person under supervision that requires one monthly report submitted either in person or by mail, and requires no personal or collateral contact.

History

• Source: 30 SDR 198, effective June 23, 2004.
• General Authority: SDCL 1-15-20.
• Law Implemented: SDCL 24-15-14.

Chapter 17:61:03 Grievances, Repealed

ARSD 17:61:03 Repealed chapter

CHAPTER 17:61:03

GRIEVANCES

(Repealed. 24 SDR 44, effective October 14, 1997)

Chapter 17:61:04 Hearings, Transferred and repealed

ARSD 17:61:04:01 Transferred

Transferred** to § 17:61:01:13.

ARSD 17:61:04:02 Repealed

Location.** Repealed.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; repealed, 24 SDR 44, effective October 14, 1997.

ARSD 17:61:04:03 Repealed

Oaths.** Repealed.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; repealed, 12 SDR 213, effective July 14, 1986.

ARSD 17:61:04:04 Repealed

Records.** Repealed.

History

• Source: 5 SDR 51, 5 SDR 53, effective January 4, 1979; 12 SDR 213, effective July 14, 1986; repealed, 24 SDR 44, effective October 14, 1997.