Frequent questions

Clemency

What is clemency?

South Dakota Codified Law defines "clemency" as either a pardon, commutation, reprieve, or remission of a fine or forfeiture. The Governor may, by executive order, delegate to the Board of Pardons and Paroles the authority to hear applications for pardon, commutation, reprieve, or remission of fines and forfeitures, and to make its recommendations to him. The Governor is not bound to follow a recommendation returned by the board.

When is someone eligible to apply for clemency?

An inmate is ineligible to apply for clemency if the inmate reaches the initial parole date set pursuant to SDCL 24-15A-32. If an inmate is released on parole or the inmate's sentence has been discharged pursuant to SDCL 24-15A-7, the inmate may apply for clemency pursuant to SDCL 24-15A-23.

How does someone go about applying for clemency?

Upon notice of a hearing for clemency consideration, an applicant must also then publish a notice once each week for three consecutive weeks prior to the hearing, in one of official newspapers in the county where the offense was committed. The notice must include the name of the person applying for clemency, their offense, time of conviction and term of imprisonment. The last publication shall be published at least twenty days before the hearing. The affidavit of the publisher of the paper showing that notice has been published shall accompany the application. This notice requirement does not apply to an applicant requesting an exceptional pardon.

State law requires that at least thirty days prior to a hearing by the Board of Pardons and Paroles, the Executive Director of the Board will notify the attorney who prosecuted the person applying for clemency, or the attorney' s successor in office, the sentencing judge, the attorney general, and the sheriff or local law enforcement agency where the offense was committed.

The Governor may also submit an application for clemency to the board of pardons and paroles for its recommendation. The Governor may, by executive order, delegate to the board the authority to consider applications for clemency and make recommendations to the Governor. The Governor is not bound to follow any recommendation returned by the board.

Any person feeling aggrieved by an application for clemency may appear in person before the Board of Pardons and Paroles during its consideration to show cause by written or oral testimony why a recommendation for clemency should not be granted.

What is an exceptional pardon and who is eligible to receive one?

Upon the expiration of five years following the release of an applicant from a Department of Corrections facility who was convicted of not more than one felony, which was not an offense punishable by life imprisonment, the applicant may apply to the Board of Pardons and Paroles for an exceptional pardon. If an applicant was convicted of a crime that did not result in the applicant subsequently serving a prison sentence, the applicant may apply for an exceptional pardon if at least five years have passed from the date of the applicant's offense, if the applicant was not convicted of more than one felony, and if the offense was not punishable by life imprisonment.

The Board of Pardons and Paroles may recommend exceptional pardons to the Governor.

What happens if someone is granted a pardon?

Any person who has been granted a pardon under the provisions of this chapter shall be released from all disabilities consequent on such person's conviction. Upon the granting of a pardon, the Governor shall order that all official records relating to the pardoned person's arrest, indictment or information, trial, finding of guilt and receipt of a pardon shall be sealed. The effect of such order is to restore such person, in the contemplation of the law, to the status the person occupied before arrest, indictment or information. No person as to whom such order has been entered may be held thereafter under any provision of any law to be guilty of perjury or of giving a false statement by reason of such person's failure to recite or acknowledge such arrest, indictment, information or trial in response to any inquiry made of such person for any purpose.

For the sole purpose of consideration of the sentence of a defendant for subsequent offenses or the determination of whether the defendant is a habitual offender under chapter 22-7, the pardoned offense shall be considered a prior conviction.