The warden may, at any time prior to an inmate’s final discharge, consider recommendations of the disciplinary committee pertaining to the withholding of statutory time granted for good conduct and may recommend to the secretary of corrections that the reduction of time for good conduct pursuant to § 24-5-1 be withheld in full or in part. The warden may also, at any time prior to the inmate’s final discharge, recommend to the secretary of corrections that the reduction of time for good conduct pursuant to § 24-5-1 be withheld in full or in part for conduct evincing an intent to reoffend or commit further offenses when discharged or for any person convicted of a sex crime within the meaning of § 22-24B-1 who fails to fully cooperate with all treatment offered.

The secretary shall, after hearing, fix the amount of time earned by good conduct to be withheld, which decision is final.

Source: SDC 1939, § 13.4706 as added by SL 1939, ch 32; SL 1974, ch 170, § 2; SL 1981, ch 193, § 11; SL 1989, ch 20, § 96; SL 1993, ch 186; SL 1995, ch 138; SL 2004, ch 168, § 10.