S.D. Admin. R. 17:60:08:02

Current through Register Vol. 51, page 49, October 15, 2024

Section 17:60:08:02 - Notice of hearing

The board shall notify the inmate, legal counsel, if any, and the warden in writing of the following:

(1) The date, time, and place of the hearing and the legal authority under which it is being held;

(2) The reasons asserted for noncompliance with the individual program directive or the reason for undetermined compliance;

(3) The right to a hearing, to have witnesses appear on the inmate's behalf, and to be represented by any retained counsel, and that these and other due process rights are forfeited if they are not exercised at the hearing;

(4) The right to cross-examine any witness appearing against the inmate unless the board finds cause for limiting or denying this right;

(5) The right to offer testimony that includes any letter, affidavit, or other written material not normally admissible in a criminal or civil proceeding; and

(6) The right to appeal the board's decision to the circuit court and the Supreme Court of South Dakota as provided by SDCL chapter 1-26.

S.D. Admin. R. 17:60:08:02

24 SDR 136, effective 4/14/1998; 41 SDR 107, effective 1/5/2015.

General Authority:24-15A-42.

Law Implemented:24-15A-39.