South Dakota does not forbid the execution of the mentally...

South Dakota does not forbid the execution of the mentally retarded or juvenile offenders but does have life without parole. A jury decides the sentence. The Governor has the authority to grant clemency. The Governor may ask the Board of Pardons for non-binding recommendations. South Dakota does not specify a minimum age for the death penalty, but would be governed by the U.S. Supreme Court's decision forbidding execution of those under 16 where no age is specified.