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  5. 759 N.W.2d 127 (2008)
 

AMIOTTE v. SD. BD. OF PARDONS AND PAROLES

No. 24836.

759 N.W.2d 127 (2008)

2008 SD 123

Thomas M. AMIOTTE, Appellant, v. SOUTH DAKOTA BOARD OF PARDONS AND PAROLES, Appellee.

Supreme Court of South Dakota.

Decided December 17, 2008.

Attorney(s) appearing for the Case

Nichole Carper, Sioux Falls, South Dakota, Attorney for appellant.

Lawrence E. Long, Attorney General, Max A. Gors, Assistant Attorney General, Department of Corrections, Pierre, South Dakota, Attorneys for appellee.

KONENKAMP, Justice.

[¶ 1.] An inmate convicted of aggravated assault was classified by the Department of Corrections as an unconvicted sex offender. The classification required him to participate in a sex-offender treatment program. He refused. For his failure to participate, he was denied parole on his presumptive parole date. The inmate challenged the basis for the classification with the Board of Pardons and Paroles. The Board ruled that it did not have jurisdiction...

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