South Dakota § 16-22-29 - Compliant discharge from probation or parole upon completion of treatment--Conditions.

§ 16-22-29. Compliant discharge from probation or parole upon completion of treatment--Conditions.

A parolee or probationer who is eligible for earned discharge credits and serving a sentence or sentences exclusively subject to presumptive probation pursuant to § 22-6-11, regardless of date of offense, shall be discharged from probation or parole supervision upon completion of all treatment programs required as a condition of the person's probation or parole provided the parolee or probationer has been on supervision for a minimum of twelve full continuous calendar months and in the twelve full continuous calendar months the parolee or probationer:

(1)    Has not been under or received a sanction for violation of conditions of supervision;

(2)    Has not absconded from supervision;

(3)    Has not been placed in jail or prison;

(4)    Has not had a probation or parole violation report submitted and does not have a pending probation or parole violation report or pending criminal offense; and

(5)    Has complied with all conditions of the person's supervision including completion of any treatment program required as a condition of probation or parole.

A parolee or probationer serving an eligible South Dakota sentence in another state under the Interstate Compact for Adult Offender Supervision who meets the criteria in this section is entitled to discharge in the same manner as a parolee or probationer supervised in South Dakota. Each drug court participant who meets the criteria in this section is entitled to discharge in the same manner as a parolee or probationer if the participant has successfully completed the drug court program.

Within thirty days following a probationer or parolee meeting the criteria for discharge under this section, the supervising court services officer or parole agent shall submit a notice of compliant discharge.

The notice of compliant discharge for a parolee shall be submitted to the secretary of the Department of Corrections. If the secretary finds the parolee met the criteria for compliant discharge, the secretary shall within fifteen days of receipt of the notice from the parole agent issue a certificate of discharge pursuant to § 24-15A-7.

The notice of compliant discharge for a probationer shall be submitted to the sentencing court. If the court finds that the probationer has met the criteria for compliant discharge, the court shall enter an order discharging the probationer from probation.

A parolee or probationer who meets the criteria for a compliant discharge but, prior to the issuance of the certificate of discharge, receives a formal sanction, absconds, is placed in jail or prison, violates supervision conditions resulting in the submission of a parole or probation violation report, or who fails to comply with supervision conditions shall be removed from the compliant discharge process. The offender shall be retained on supervision or in custody.

Source: SL 2017, ch 92, § 3.