S.D. Admin. R. 17:60:11:03
A preliminary hearing is not required if the parolee is not under arrest on a board warrant, has signed a waiver of preliminary hearing, has left the State of South Dakota or other approved jurisdiction without authorization and was apprehended outside of that jurisdiction, or has been convicted of a felony or misdemeanor in a South Dakota court, a court of another state, or a federal court. If a preliminary hearing under SDCL 24-15-23 is required and a parolee fails to either receive or waive a preliminary hearing prior to the parolee's return to a South Dakota Department of Corrections facility, the parolee shall receive a preliminary hearing within ten working days of the parolee's return to a South Dakota Department of Corrections facility.
After the preliminary hearing, the hearing officer shall submit to the board a written report of findings and a recommended decision resulting from the findings. The report shall be submitted to the board within ten days after the preliminary hearing.
S.D. Admin. R. 17:60:11:03
General Authority:24-15A-42.
Law Implemented:24-15A-28.