How Release Dates Are Calculated in South Dakota

If you or someone you love is doing time in South Dakota, the release date depends on an initial parole date set by the sentencing grid, program compliance inside the prison, and a discretionary decision by the Board of Pardons and Paroles. South Dakota sets an initial parole date at admission - the earliest possible release date - using a sentencing grid that applies a percentage of the sentence based on the felony class and whether the crime is classified as violent. A 2023 law significantly changed these percentages for the most violent crimes committed on or after July 1, 2023. The Board of Pardons and Paroles meets monthly and makes a discretionary decision at the initial parole date.

This guide walks through how South Dakota calculates a release date step by step: the initial parole date and how the sentencing grid works, the Individual Program Directive and what compliance means, the Board of Pardons and Paroles and how it decides, parole supervision, the 2023 law change, and life sentences. None of this is legal advice, but it will help you read your own time the way the South Dakota Department of Corrections does.

Here is the short version.

South Dakota uses a sentencing grid to calculate an initial parole date. At admission, the Department of Corrections applies a percentage from the grid to the full sentence term to calculate the initial parole date - the earliest date the Board of Pardons and Paroles can consider release. On the low end of the grid, nonviolent first-time offenders may receive an initial parole date requiring only about 25 percent of the sentence. Violent and repeat offenders serve higher percentages. Each inmate also receives an Individual Program Directive (IPD) that sets standards and criteria for parole. The Board of Pardons and Paroles meets monthly and makes a discretionary decision. A 2023 law (effective July 1, 2023) requires the most violent offenders to serve 100 percent of the sentence, and the next tier to serve at least 85 percent. All inmates must serve at least 60 days before any parole release.

Step one: the initial parole date and the sentencing grid

At admission to the South Dakota penitentiary, the Department of Corrections sets an initial parole date for every inmate serving a term of years. This date is the earliest the Board of Pardons and Paroles can consider release.

The initial parole date is calculated by applying a percentage from the sentencing grid to the full term of imprisonment (minus any suspended time). The grid is structured with two key variables: the class of the felony (which reflects the seriousness of the offense) and whether the crime is classified as violent for parole purposes.

Crimes treated as violent for purposes of the parole grid include murder, manslaughter, rape, aggravated assault, riot, robbery, first-degree burglary, second-degree burglary (if committed before July 1, 2006), arson, kidnapping, and felony sexual contact.

On the low end of the grid, nonviolent offenders with no prior felony convictions may receive an initial parole date requiring as little as 25 percent of the sentence. Violent offenses and repeat offenses produce higher percentages. The most serious, repeat violent offenders may face an initial parole date requiring 50 percent or more of the sentence before the Board can act.

Court-ordered jail time credit is applied to the sentence first - before any good time calculation and before the initial parole date calculation. The minimum initial parole date is 60 days from the date of admission; no inmate is released on parole before 60 days have been served.

This framework applies to crimes committed before July 1, 2023. A separate set of rules applies to crimes committed on or after that date.

Step two: the Individual Program Directive

Every inmate entering the South Dakota Department of Corrections receives an Individual Program Directive (IPD) - a document that spells out what is expected of the inmate based on their time to serve, their classification, and their program needs.

For offenders sentenced under the new parole system, the IPD establishes the specific standards and criteria for initial parole. Compliance with the IPD is a central factor in whether parole is granted at the initial parole date.

The Department of Corrections tracks compliance with the IPD and reports to the Board of Pardons and Paroles at the time of the parole hearing. The Department's assessment of an inmate's substantive compliance - meeting the work, school, and program requirements of the IPD - is a central input to the Board's decision.

If the Department reports noncompliance, the Board must make an individualized determination about whether parole should be granted, modified, or delayed. Noncompliance does not automatically prevent parole, but it is a significant factor.

Step three: the Board of Pardons and Paroles

When the initial parole date arrives, the Board of Pardons and Paroles holds a hearing and makes a discretionary decision about release.

The Board meets monthly. Individual members may act as a hearing officer and provide recommendations; panels of two or more members may also act as a full hearing board with complete authority to decide.

The Board considers: the inmate's compliance with the IPD; compliance with the rules and policies of the department; conduct evincing intent to reoffend; and mitigating factors. Victim impact is also considered.

Parole is not guaranteed. A prisoner is never entitled to parole. The Board may grant parole only if it determines that doing so would be in the best interests of both society and the prisoner.

At least 30 days before the initial parole date, the inmate must submit a parole release plan to the Board's executive director. The plan includes proposed residence, employment or means of support, and any treatment, counseling, or educational services the person plans to participate in upon release. The plan is subject to approval.

Sex offenders may have their parole eligibility withheld based on history, treatment progress, and risk factors, independent of the grid calculation.

Step four: parole supervision

When parole is granted, the parolee is released to community supervision. The parolee remains under the legal custody of the South Dakota Department of Corrections until the expiration of the full term of imprisonment.

Parole supervision lasts for the remainder of the full sentence term, unless the Board grants an early discharge. The Board can grant early discharge at any time if it determines that such discharge is in the best interests of society and the parolee - a full discharge from parole that restores full rights of citizenship. The Board can also grant a partial early discharge, which reduces the remaining sentence term by less than the full amount.

A parolee who violates parole conditions is brought before the Board for a revocation hearing. If the Board determines that parole has been violated, it may revoke parole and reinstate the terms of the original sentence, or it may modify parole conditions and restore the parolee to supervision.

For consecutive sentences: any person convicted of a felony while already in custody whose new sentence runs consecutively is not eligible for parole consideration until serving the last of all consecutive sentences.

Step five: the 2023 reform for crimes after July 1, 2023

A new law passed during the 2023 legislative session significantly changed parole eligibility for crimes committed on or after July 1, 2023.

Under the 2023 law, South Dakota moved toward truth in sentencing for its most serious violent offenders. The most violent crimes now require serving 100 percent of the sentence - effectively eliminating parole for those offenses. Crimes in the next tier of seriousness require serving at least 85 percent of the sentence before parole eligibility.

This represents a significant departure from the original grid system that had governed initial parole dates. For crimes committed before July 1, 2023, the original grid continues to apply. For crimes committed on or after that date, families should confirm with the South Dakota Department of Corrections which specific category the offense falls under and what the applicable minimum service requirement is.

Step six: life sentences

Most life sentences in South Dakota carry no parole eligibility.

Class A and Class B felony convictions that result in life imprisonment are not eligible for parole under normal procedures. The sentencing grid can only be applied to a life sentence after the sentence is commuted to a term of years. A Class A or Class B felony commuted to a specific number of years is applied to the Class C violent column of the sentencing grid for the parole date calculation.

A 2022 law created a limited exception: a person sentenced to life imprisonment for an offense other than a Class A felony, committed when the person was 25 years of age or younger, is eligible for discretionary parole consideration after serving 25 years. If parole is denied, the Board must set a discretionary parole date of not less than five years from the denial.

For Class B felony second-degree murder convictions: the law provides mandatory life imprisonment with no possibility of parole (absent commutation).

Putting it together: a worked example

Here is how the pieces fit, using examples. None of these numbers are legal advice, but they show the method.

Take a person sentenced to 10 years for a nonviolent Class 5 felony with no prior felony convictions (crime committed before July 1, 2023). The sentencing grid might produce an initial parole date at approximately 25 percent of the sentence - about 2.5 years. The person also receives an IPD with work and program requirements. If the person substantially complies with the IPD, the Board considers release at 2.5 years. The Board makes a discretionary decision. If parole is granted, the person serves the remaining 7.5 years under community supervision.

For a person convicted of a serious violent offense (crime committed after July 1, 2023): the 2023 law may require 85 percent or even 100 percent of the sentence, depending on which tier the offense falls under. The new rules should be confirmed directly with the South Dakota Department of Corrections.

The bottom line for South Dakota

South Dakota's release date is shaped by the sentencing grid (which sets an initial parole date based on felony class and violent or nonviolent designation), IPD compliance, and the Board of Pardons and Paroles' discretionary decision. The 2023 law substantially altered the calculus for violent crimes committed on or after July 1, 2023, moving toward 85 percent or 100 percent minimum service requirements for the most serious offenses. Life sentences carry no parole eligibility except through commutation or the narrow exception for offenders who were 25 or younger at the time of the offense. All inmates serve at least 60 days before any parole release.

The practical takeaways are clear. First, determine whether the crime was committed before or after July 1, 2023, because the two frameworks differ significantly. Second, comply fully with the Individual Program Directive - it is the primary document the Board uses to evaluate whether parole is appropriate. Third, prepare a strong parole release plan at least 30 days before the initial parole date. Ask the South Dakota Department of Corrections for the current initial parole date and the specific IPD requirements.