Gov. Mike Rounds announced Tuesday he has commuted the prison sentence of an inmate who needs surgery for a brain tumor that threatens his vision.
The commutation for David Watz, 52, marks the first time Rounds has reduced an inmate's sentence since he became governor in January.
Watz, will remain on parole supervision until Feb. 18, 2005, when he was scheduled to be released from prison after serving a three-year sentence for a fourth offense of drunken driving.
Watz has been diagnosed with a potentially cancerous tumor in the brain lining near his right eye, and a Sioux Falls ophthalmologist has recommended that Watz get extensive surgery soon or risk losing the eye.
Watz is a Vietnam veteran who is eligible for care from the Veteran's Administration health care services.
The governor said releasing Watz from prison will allow veterans' programs to pay for his medical care, which means the state will not have to foot the bill.
Rounds has said all requests for clemency will be referred to the state Board of Pardons and Paroles for its recommendation. In this case, Watz cannot apply for a medical commutation through the board because he already is eligible for parole.
However, the governor said state law allows him to reduce the sentence of an inmate in failing health.
Watz was convicted of the drunken driving offense in Brookings County, and Brookings County State's Attorney Clyde Calhoun and Sheriff Marty Stanwick were consulted
before Watz's sentence was commuted, the governor said. Lake County Sheriff Roger Hartman also was notified because Watz plans to live with a relative in Madison.
The commutation allows parole officials to coordinate Watz's release with the necessary medical arrangements. If Watz fails to follow the conditions of his release, he could be returned to prison.
Rounds said he has held off on clemency decisions so far because he has been dealing with higher priorities during his time in office.
The South Dakota Supreme Court is considering an appeal involving circumstances in which pardons, which erase convictions, may be private rather than public.