Amiotte v. South Dakota Board of Pardons and Paroles

Summary

The South Dakota Supreme Court held that the Board of Pardons and Paroles lacked jurisdiction to review the Department of Corrections' classification of an inmate as an unconvicted sex offender. The Board's authority under SDCL 24-15A-39 was limited to determining whether the inmate substantially complied with his individual program directive and whether parole should be granted. Because the inmate had not pursued judicial review of the classification after the Secretary of Corrections affirmed it, the court affirmed the denial of parole.

Holdings

1. The Board of Pardons and Paroles lacks jurisdiction to review the Department of Corrections' classification of an inmate as an unconvicted sex offender; the Board's authority under SDCL 24-15A-39 is limited to determining whether the inmate substantially complied with the individual program directive and whether parole should be granted.
2. The court did not reach the evidentiary sufficiency issue because the Board lacked jurisdiction to review the classification.

Questions Presented

1. Whether the Board of Pardons and Paroles had jurisdiction to review the Department of Corrections' classification of Amiotte as an unconvicted sex offender.
2. Whether Amiotte's classification was supported by a preponderance of the evidence.

Disposition

affirmed