If an inmate does not have an individual program directive or the inmate's compliance status with the inmate's individual program directive is not available and the warden has reported a finding of undetermined compliance to the board, the board shall use the following standards to make a determination of compliance or noncompliance:

1. (1) The inmate's compliance with work, school, and program directives;
2. (2) The inmate's compliance with the rules and policies of the department and the institution where the inmate was housed;
3. (3) Conduct by the inmate evincing an intent to reoffend; and

4. (4) Mitigating factors impacting noncompliance.

   If the board is reasonably satisfied that the inmate has violated these conditions, the board may find noncompliance.

Source: 41 SDR 107, effective January 5, 2015.

General Authority: SDCL 24-15A-42.

Law Implemented: SDCL 24-15A-39 , 24-15A-42.