Notice of an application for executive clemency requiring action by the Board of Pardons and Paroles shall be given by the applicant to the state's attorney who prosecuted the applicant or to the successor in office before being filed with the executive director of the Board of Pardons and Paroles. The service of notice upon the state's attorney shall be made and its return certified in the manner provided for the services of summons in the circuit court. The certificate of service shall accompany every application filed with the board.

Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986; 33 SDR 43, effective September 18, 2006.

General Authority: SDCL 24-13-7.

Law Implemented: SDCL 24-14-3.