Applicable form of Executive Clemency: Commutation of Sentence
Eligibility: An application for clemency may not be heard by the board for one year after the date of the judgment. If an application for clemency is denied, an inmate may not again present an application for clemency for a period of one year.
Application Process: Application materials are obtained by contacting:
South Dakota Board of Pardons and Paroles
1600 North Drive
Sioux Falls, SD 57117-5911
Tel: (605) 367-5040
Fax: (605) 367-5025
Application materials must be requested from the above address. Failure to request forms from the above address may lead to rejection of the application.
Click here for South Dakota clemency checklist, instruction, and sample application.
The Application for Commutation has two parts that must be completed in full. Full instructions on the application process are included to assist the applicant. In part I, the applicant must provide proof of payment for all court costs, fines, and restitution. The applicant must complete all sections of the application and sign and date it. The applicant must write their letter of Personal Plea, stating why they are asking for a commutation, and how it will benefit them and society and serve justice. They should also obtain several letters of recommendation to be included with the rest of part I.
In part II, the applicant must fill out the attached form (SDPA-2) and send it to a newspaper in the county where the offense occured (applicants are required by law to publish in official newspapers designated by the county where the offense was committed the name of the person on whose behalf the application is made, the public offense for which the person was convicted, the time of the person's conviction, and the term of imprisonment. It must be published once a week for three consecutive weeks). Also attached in part II is the Notice to States Attorney (SDPA-3). The form must be completed and sent to the States Attorney in the county where the conviction took place. The form should be sent to States Attorney only after notice has been received that a personal appearence hearing was granted.
Part I is to be sent to the South Dakota Board of Pardons and Paroles. A certified copy of Sentence and Judgment must be attached.
Print clearly or type information on all forms.
The applicant may be asked by the Board to appear at the hearing. The applicant may only appear at the request of the Board.
Every effort has been made to make this information accurate and up-to-date. Errors are inevitable and changes occur frequently. We would appreciate learning of any errors or inaccuracies regarding any information on this Webpage as soon as possible. Please write to firstname.lastname@example.org
Last Updated: 06.30.14