A sentence requiring a specific term in the penitentiary as a condition of probation is computed based on the number of nights spent in the penitentiary. An inmate serving a term in the penitentiary as a condition of probation must be released the first day following the last night of the inmate's sentence, except as provided in § 17:50:13:01.

Source: 24 SDR 44, effective October 14, 1997.

General Authority: SDCL 1-15-20.

Law Implemented: SDCL 23A-27-18.1.