Presumed Automatic Parole (with no Parole Board)...Sheriff Mike Milstead...Officer Shootings
Public Affairs Director Jon Michaels (since 1977) talks with Minnehaha County Sheriff Mike Milstead about officer shootings and early parole.
from AI
1. Parole Eligibility vs. Release
South Dakota law states that an inmate is never entitled to parole as a matter of right, even after becoming eligible . The Board of Pardons and Paroles has full discretion to grant or deny release based on the inmate's rehabilitation, conduct, and risk to society .
* Eligibility Dates: An inmate's "initial parole date" is calculated by the Department of Corrections based on the crime's classification (violent vs. nonviolent) and the number of prior felony convictions .
* For nonviolent first-time offenders, eligibility may begin after serving 25% of the sentence.
* For violent offenses or repeat convictions, the required time served increases significantly (e.g., up to 75% or more for repeat violent offenders) .
2. The "Presumed" or Mandatory Release Mechanism
Recent changes, specifically under SDCL § 24-15A-38, created a process that functions similarly to "presumed" release for inmates who meet all criteria:
* Initial Parole Date: If an inmate reaches their calculated initial parole date and has substantively met all program requirements (work, school, treatment), agreed to supervision conditions, and has an approved release plan, they must be released to parole supervision without a further Board hearing .
* The Plan: At least 30 days before this date, the inmate must submit a release plan detailing residence, employment, and treatment needs .
* Discretion Remains: If an inmate fails to meet these program directives or lacks an approved plan, the Board retains the discretion to deny parole and hold a hearing to determine if release is in the best interest of society .
3. Recent Strengthening of Supervision
As of late April 2026, Governor Larry Rhoden announced new measures to tighten parole supervision, including faster revocations for violations and a new compliance unit within the Department of Corrections . This indicates that while the "path" to release may be clearer for compliant inmates, the state is actively enforcing stricter consequences for those who violate parole conditions.
Summary
While South Dakota does not use the phrase "presumed parole," the law effectively creates a mandatory release track for inmates who:
1. Serve the statutory minimum time (based on their crime and history).
2. Successfully complete all required prison programs.
3. Submit an approved release plan.
If these conditions are met, the Board cannot deny release, making the release "presumed" by statute rather than discretionary . However, for those who do not meet these specific criteria, parole remains entirely at the Board's discretion.
Minnehaha County Sheriff Mike Milstead announced his retirement in late January 2026, marking the end of a 60-year law enforcement career and nearly 30 years as the county's top cop. Milstead, who began his career with the Sioux Falls Police Department in 1973, was appointed sheriff in 1997 and was re-elected six times without opposition.
His term officially ends on December 31, 2026, making this the first time in decades that Minnehaha County will have a new sheriff. Milstead has endorsed Captain Josh Phillips, a 22-year veteran of the sheriff's office who oversees investigations and the fugitive task force, as his successor. Phillips launched his campaign alongside another candidate, Bobby Smith, who has 16 years of experience in law enforcement and corrections.
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