South Dakota Code — 24
Browse 300 sections in division 24 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 24-1-1. Correctional facilities of the state--Security level designation by secretary of corrections.
- § 24-1-4. Government of correctional facilities by Department of Corrections.
- § 24-1-6. Appointment and removal of wardens.
- § 24-1-8. Salary of wardens.
- § 24-1-11. Secretary of corrections as general supervisor of other officers--Standards of personal conduct for officers and employees--Promulgation of rules.
- § 24-1-12. Service of process within correctional facility--Officers exempt from jury duty.
- § 24-1-13. Secretary of corrections as custodian of all correctional facility property.
- § 24-1-16. Correctional facility purchases.
- § 24-1-25. Department of Corrections employees prohibited from having interest in department contracts or business.
- § 24-1-26. Department of Corrections employees prohibited from involvement in procuring clemencies.
- § 24-1-26.1. Sexual acts prohibited between prison employees and prisoners--Felony.
- § 24-1-27. Disposition of a dead inmate--Notice to next of kin.
- § 24-1-35. Contract with local jail for custody and care of prisoners.
- § 24-1-36. Notice to sentencing judge of inmate's change of status.
- § 24-1-37. Prison facility--Restriction--Detention of certain noncitizens.
- § 24-2-1. Inmates under custody of secretary of corrections--Delegation of powers.
- § 24-2-2. Repealed.
- § 24-2-2.1. Certified judgment containing certain information required for acceptance of delivery.
- § 24-2-5. Disposition of inmate's personal effects.
- § 24-2-6. Maintenance of order--Prevention of escapes.
- § 24-2-9. Disciplinary sanctions authorized--Corporal punishment prohibited.
- § 24-2-10. Unauthorized injury to inmate--Punishment.
- § 24-2-12. Punitive confinement--Forfeiture of good conduct time.
- § 24-2-12.1. Earning back forfeited good conduct time.
- § 24-2-12.2. Restoration of good conduct time.
- § 24-2-14. Prohibited articles for inmates--Exception--Penalty.
- § 24-2-15. Diminution of period of confinement for good behavior, failing health, or other reason in the interest of justice.
- § 24-2-17. Record of inmate conduct and infractions--Notice--Challenge to findings or sanctions--Investigation--Modification--Use of record.
- § 24-2-18. Warden's recommendation respecting good conduct time--Hearing and decision by secretary.
- § 24-2-19. Documentation of pertinent information regarding inmates.
- § 24-2-20. Records and information furnished court, secretary, board, or Governor--Information that may be released for certain other purposes.
- § 24-2-20.1. Governmental entities defined.
- § 24-2-22. Prohibited articles for inmates--Delivery or intent to deliver to inmate--Penalty.
- § 24-2-25. Extension of confinement limits to permit visits to designated places.
- § 24-2-26. Confiscation and disposition of unauthorized articles and money in inmate's possession.
- § 24-2-27. Facilities, programs, or services outside correctional facilities--Contracts with other agencies for care of inmates--No right or court order for housing in particular facility or participation in specific program or services--Escape.
- § 24-2-27.1. Halfway house defined.
- § 24-2-28. Costs of confinement and services--Liability of inmate.
- § 24-2-29. Inmate's liability for court-ordered fines, costs, fees, sanctions, and restitution and obligations incurred under Department of Corrections jurisdiction--Disbursement from inmate's account.
- § 24-2-29.1. Rules authorizing sanctions for inmate abuse of court system.
- § 24-2-30. Policy on inmate work.
- § 24-2-31. Contracts for inmate health care services exempt from state insurance regulations.
- § 24-2-32. Involuntary treatment with psychotropic medication for severe mental illness.
- § 24-2-33. Hearing required prior to treatment with psychotropic medication.
- § 24-2-34. Periodic review of psychotropic treatment.
- § 24-2-35. Emergency treatment with psychotropic medication.
- § 24-2-36. Records of involuntary treatment with psychotropic medication.
- § 24-2-37. Training on symptoms of mental health problems and defusing mental health crises.
- § 24-4-7. Inmate employment on any state work--Provisions for control.
- § 24-4-8. Report by custodian of an inmate's unauthorized absence--Return of inmate.
- § 24-4-9. Inmates' compensation authorized.
- § 24-5-1. Graduated scale of reductions from sentence for good conduct.
- § 24-5-2. Restoration to citizenship on discharge--Certificate issued by secretary of corrections--Copy to clerk of court.
- § 24-5-3. Clothing, money, and transportation on discharge.
- § 24-5-5. Funds in inmate's institutional accounts upon discharge, death, or escape--Application--Refund.
- § 24-5-6. Closing of inmate's institutional account with negative balance.
- § 24-5-7. Board authorized to grant early final discharge from supervision--Certificate of discharge--Prisoner not entitled to early discharge.
- § 24-6A-1. Repealed.
- § 24-7-1. State prison industries--Operation--New industry.
- § 24-7-3. Furnishing prison labor to private enterprise authorized--Rules.
- § 24-7-4. General supervision by secretary of corrections.
- § 24-7-5. Appointment of director of prison industries.
- § 24-7-6. Use of inmate labor--Wages.
- § 24-7-7. Prison industries revolving fund moneys available.
- § 24-7-8. Separate account for each prison industry.
- § 24-7-9. Surplus in prison industries revolving fund transferred to general fund.
- § 24-7-10. Director as custodian of all moneys and property--Duty to keep accounts--Authority to install accounting systems--Bond required.
- § 24-7-15. Contracts by director of prison industries with approval of secretary.
- § 24-7-16. Sale of products.
- § 24-7-17. Repealed by SL 2012, ch 4, §§ 5 to 7.
- § 24-7-32. State departments required to purchase from license plant--License plant required to sell at cost.
- § 24-7-33. Payment for goods--Disposition of moneys.
- § 24-7-37. Annual report of activities of prison industries.
- § 24-8-1. Conditional release of inmates--Continued supervision and paid employment--Educational programs--Termination of release.
- § 24-8-3. Confinement during nonwork periods.
- § 24-8-4. Agreements with other state agencies and political subdivisions for housing employed inmates.
- § 24-8-5. Rules for administration of release program.
- § 24-8-6. Failure of inmate to report constitutes escape.
- § 24-8-8. Disposition of inmate's earnings.
- § 24-8-9. Disbursements to defray inmate's obligations--Priority of disbursements.
- § 24-8-9.1. Operation of motor vehicle by inmate.
- § 24-8-10. Earnings exempt from seizure.
- § 24-8-11. Charges for room and board--Disposition of amounts received.
- § 24-8-13. Conditionally released inmate not agent of state.
- § 24-11-1. Jail defined--Classification of jails.
- § 24-11-2. Establishment of county jail at expense of county.
- § 24-11-3. Counties without jails or juvenile detention facilities--Overcrowded or unsafe jails and facilities--Confinement in adjoining political subdivision--Expenses.
- § 24-11-4. Agreements between political subdivisions for use of jails--Termination of agreement.
- § 24-11-4.1. Creation of area jail or juvenile detention facility compact--Liquidated damages for withdrawal without consent--Acquisition of facilities--Funding--Operation--Lease with compact.
- § 24-11-4.2. Annual prisoner rate for members--Additional compensation to sheriff--Daily prisoner rate for nonmembers.
- § 24-11-4.3. Money collected for housing prisoners--Distribution to member operating facility and compact debts--Excess funds.
- § 24-11-5. Confinement of fugitive from justice--Compensation.
- § 24-11-6. Confinement of federal prisoners--Compensation--Penalty for violation.
- § 24-11-7. Sheriff's calendar of federal prisoners in custody--Transmission to federal district judge--Allowance and payment for keeping prisoners.
- § 24-11-8. Charges for prisoners confined by authority other than county in which jail located--Amount fixed by county--Special jail building fund.
- § 24-11-10. Required fireproofing for designated jail.
- § 24-11-11. Heat and furnishings for jail--Expense.
- § 24-11-12. Appointment of jail physician--Physician's reports.
- § 24-11-13. Officer in charge of jail--Conformance to policies and procedures.
- § 24-11-14. Removal of prisoners in case of fire--Alternate place of confinement not deemed escape.
- § 24-11-16. Jail records to be maintained.
- § 24-11-17. Duty of sheriff to keep commitment orders and like documents--Copies of returns--Return as prima facie evidence of right to confine prisoner.
- § 24-11-19. Separation of sexes.
- § 24-11-20. Failure to separate sexes as misdemeanor.
- § 24-11-21. Furnishing prisoner necessaries--Receipt of medical treatment as assignment of insurance proceeds, etc.--Unrecovered payments as lien.
- § 24-11-21.1. Medical provider to submit claim for services to insurer before submitting claim to county.
- § 24-11-23. Policies and procedures--Adoption--Contents.
- § 24-11-24. Posting and distribution of policies and procedures.
- § 24-11-27. Power of circuit judge to visit jail and make order--Violation of order as contempt.
- § 24-11-28. Work required of certain prisoners--Determination by sentencing court whether prisoner should work--Particular work permissible.
- § 24-11-29. Inmates requesting work.
- § 24-11-30. Sentence for violation of state law--Work performed under direction of county board and for county.
- § 24-11-31. Sentence for violation of local law--Labor performed under local governing body for its benefit.
- § 24-11-32. Prisoner's compensation for work--Payment to dependents--Allowance by board of county commissioners.
- § 24-11-32.1. Charge against work release pay for maintenance cost--Waiver by commissioners.
- § 24-11-33. Crediting work against fine imposed.
- § 24-11-35. Prevention of escape while working.
- § 24-11-36. Protection of working prisoners from public annoyance.
- § 24-11-37. Communication with working prisoner as petty offense.
- § 24-11-38. Malfeasance by jail officials--Misdemeanor.
- § 24-11-39. Municipality, county, or jail compact authorized to construct, lease, operate, purchase, maintain, or manage correctional facilities--Contract with private entity.
- § 24-11-40. Contract for placement of inmates or prisoners--Certain private entities excepted.
- § 24-11-41. Requests for proposals by public notice--Written approval of law enforcement official for contracts.
- § 24-11-42. Requirements of contract for correctional facility.
- § 24-11-43. Liability of private entity contracting for correctional facility.
- § 24-11-44. Sections 24-11-39 to 24-11-43 liberally construed.
- § 24-11-45. Prisoner liable for costs of confinement--Deferred payment plan or waiver.
- § 24-11-45.1. County lien for costs of confinement.
- § 24-11-46. Prisoner liable for fines, restitution, and obligation.
- § 24-11-47. Possession of alcoholic beverages, controlled substances, marijuana, or weapons as felony.
- § 24-11-47.1. Possession of electronic communications devices, tobacco products, or other unauthorized items as misdemeanor.
- § 24-11-48. Delivery of prohibited items to inmate as misdemeanor or felony.
- § 24-11-49. Involuntary treatment of prisoners with psychotropic medication.
- § 24-11-50. Hearing prior to treatment--Panel--Rights of prisoner--Order--Appeal.
- § 24-11-51. Periodic review of involuntary treatment.
- § 24-11-52. Emergency involuntary treatment.
- § 24-11-53. Records of involuntary treatment.
- § 24-11-54. Immunity from liability for involuntary treatment.
- § 24-11-55. Repealed.
- § 24-11-56. Repealed.
- § 24-11-57. Repealed.
- § 24-11-58. Repealed.
- § 24-11-59. Repealed.
- § 24-11-59.1. Repealed.
- § 24-11-60. Training on symptoms of mental health problems and defusing mental health crises.
- § 24-11A-1. Repealed by SL 2012, ch 4, §§ 8 to 11.
- § 24-11B-1. Prisoner involuntary feeding or hydration--Determination of severe harm--Exceptions.
- § 24-11B-2. Hearing before panel--Panel members--Prisoner rights.
- § 24-11B-3. Duties and powers of hearing panel.
- § 24-11B-4. Order upon majority vote of panel--Written decision--Appeals.
- § 24-11B-5. Emergency involuntary feeding or hydration without panel review--Limitation.
- § 24-11B-6. Continuation of feeding or hydration--Determination by physician.
- § 24-11B-7. Records--Content.
- § 24-11B-8. Liability for involuntary feeding or hydration of prisoner.
- § 24-12A-1. State reimbursement of county for expense of recapture of escapees from Department of Corrections' custody.
- § 24-12A-2. Voucher and warrant for state reimbursement of county.
- § 24-13-1. Composition of board--Appointment of members.
- § 24-13-2. Terms of board members--Vacancies--Training.
- § 24-13-3. Direction and supervision of Board of Pardons and Paroles--Records and reports--Coordination of programs.
- § 24-13-4. Chair of board--Meetings.
- § 24-13-4.1. Quorum.
- § 24-13-5. Compensation and expenses of board members.
- § 24-13-6. Meetings at department facilities to consider clemency and paroles--Facilities--Cooperation by penitentiary personnel.
- § 24-13-7. Procedural rules of board--Consideration in granting or denying parole.
- § 24-13-8. Board process for witnesses and evidence--Administration of oaths.
- § 24-13-9. Appointment and salary of executive director.
- § 24-13-10. Duties of executive director.
- § 24-13-11. Hearings by teleconference--Electronic document transfer.
- § 24-13-12. Inapplicability of certain evidence rules.
- § 24-13-13. Former board member service as auxiliary member.
- § 24-13-14. Restrictions on service of auxiliary member.
- § 24-13-15. Maximum number of members conducting hearing or taking action.
- § 24-13-16. Auxiliary member not to serve as chair.
- § 24-14-1. Delegation of authority by Governor.
- § 24-14-2. Forms of clemency.
- § 24-14-3. Notice to prosecuting attorney, sentencing judge, attorney general, and law enforcement of hearing for clemency.
- § 24-14-4. Publication of notice of application for clemency.
- § 24-14-4.2. Notice of application for clemency--Publication exception--Victim of human trafficking or domestic abuse--Applicability.
- § 24-14-5. Submission to board of applications for clemency--Governor not bound by board recommendations.
- § 24-14-6. Appearance before board to object to recommendation for clemency.
- § 24-14-7. Recommendation for clemency to be in writing--Record of findings and reasons.
- § 24-14-8. Application for exceptional pardon--Persons eligible.
- § 24-14-9. Notice requirements on application for exceptional pardon--Reference by Governor.
- § 24-14-10. Recommendations for exceptional pardon.
- § 24-14-11. Effects of pardon--Disabilities removed--Records sealed--Filing of document making pardon public--Failure to acknowledge proceedings not perjury--Prior conviction for habitual offender law.
- § 24-14-12. Application of § 22-14-15 to person granted pardon by Governor.
- § 24-15-1. Files and case histories of inmates--Purposes--Access to file.
- § 24-15-1.1. Parole defined--Prisoner not required to accept parole--No right to parole.
- § 24-15-1.2. Prior felonies--Determination and effect on parole eligibility.
- § 24-15-2. Contents and sources for case histories.
- § 24-15-3. Establishment of date of parole consideration eligibility--Change--Hearing--Completion of history--Findings regarding inmate.
- § 24-15-4. Inmate sentenced to life imprisonment ineligible for parole--Exception.
- § 24-15-4.1. Inmate sentenced to term of imprisonment ineligible for parole--Exception--No discharge credit.
- § 24-15-4.2. Inmate sentenced to term of imprisonment ineligible for parole--Exception--Limited discharge credit.
- § 24-15-5. Time of eligibility for parole.
- § 24-15-6. Effect of concurrent sentences on eligibility for parole.
- § 24-15-7. Effect of consecutive sentences on eligibility for consideration for parole.
- § 24-15-7.1. Effect of consecutive sentence for offense committed as an inmate.
- § 24-15-8. Right of eligible inmate to hearing before board--Decline of parole--Waiver of hearing--Criteria for parole.
- § 24-15-9. Transfer of inmate to Human Services Center--Return to correctional facility.
- § 24-15-10. Application for parole or clemency--Waiting period if denied--Period for crime of violence.
- § 24-15-11. Restrictions on parolee--Bond--Restitution--Child support--Supervision fees.
- § 24-15-11.1. Substituting community service for supervision fees.
- § 24-15-11.2. Revenue to general fund.
- § 24-15-11.3. Promulgation of rules establishing supervision fees.
- § 24-15-12. Clothing and travel expense for parolee.
- § 24-15-13. Legal custody of parolee--Conviction remains in effect.
- § 24-15-14. Supervision of parolees--Employment of personnel.
- § 24-15-15. Out-of-state employment of parolee--Supervision by other state--State laws remaining applicable.
- § 24-15-16. Interstate agreements for supervision and return of parolees unimpaired.
- § 24-15-19. Powers of Department of Corrections when purposes of parole not being served.
- § 24-15-20. Order to show cause against parole revocation--Grounds.
- § 24-15-21. Warrant to arrest parolee or inmate--Suspension of parole supervision time--Time credited.
- § 24-15-22. Records and report to board on return of parolee to correctional facility.
- § 24-15-23. Preliminary hearing on parole violation--Waiver of preliminary hearing--Detention for board hearing--Waiver of appearance at revocation hearing.
- § 24-15-23.1. Preliminary hearing on parole violation not required under certain conditions.
- § 24-15-23.2. Failure to provide preliminary hearing prior to return to facility--Hearing required after return.
- § 24-15-24. Revocation or modification of parole.
- § 24-15-25. Parole of mentally ill inmate--Continuation of treatment as condition.
- § 24-15-26. Arrest of parolee--Notification to executive director.
- § 24-15-27. Request to modify parole agreement.
- § 24-15-28. County expenses in detaining parole violator--Reimbursement--Limit--Timeframe--Exclusion.
- § 24-15-29. County expenses in detaining parole violator--Reimbursement--Process.
- § 24-15-30. Written waiver of right to hearing or appearance.
- § 24-15A-1. Application of chapter.
- § 24-15A-2. Definition of terms.
- § 24-15A-3. Crimes committed after July 1, 1996 .
- § 24-15A-4. Repealed.
- § 24-15A-5. Record of inmate conduct and infractions--Notice--Challenge to findings or sanctions--Investigation--Modification--Use of record.
- § 24-15A-6. Sentence discharge dates--Jurisdiction over inmate.
- § 24-15A-7. Status of inmate upon discharge--Certificate to inmate upon discharge or parole--Mailing to clerk of court.
- § 24-15A-8. Early final discharge--Certificate of discharge.
- § 24-15A-8.1. Partial early final discharge.
- § 24-15A-9. Designation of hearing officers--Written recommendation.
- § 24-15A-10. Designation of panels to conduct hearings--Final action.
- § 24-15A-11. Parole and clemency--Concurrence by panel or board.
- § 24-15A-11.1. Appeal of panel's decisions--Authority of panel.
- § 24-15A-11.2. Review of denial of pardon recommendation.
- § 24-15A-12. Parole hearings.
- § 24-15A-13. Duties of executive director of board.
- § 24-15A-14. File containing history of inmate--Purposes--Access to file.
- § 24-15A-15. Parole.
- § 24-15A-16. Determination of whether prior offense constitutes felony--Effect of determination.
- § 24-15A-16.1. Suspended imposition of sentence--Effect on parole eligibility.
- § 24-15A-17. Preparation for parole hearing.
- § 24-15A-18. Concurrent sentencing--Determination of initial parole date.
- § 24-15A-19. Consecutive sentencing--Determination of initial parole date.
- § 24-15A-20. Consecutive sentencing--Parole eligibility.
- § 24-15A-23. Application for clemency--Waiting period if denied--Period for crime of violence.
- § 24-15A-23.1. Eligibility for clemency.
- § 24-15A-24. Restrictions on parolee--Bond--Restitution--Child support--Supervision fees.
- § 24-15A-25. Parolee release--Necessities.
- § 24-15A-26. Parolee release to other state--Supervision.
- § 24-15A-27. Show cause parole revocation order.
- § 24-15A-28. Revocation or modification of parole.
- § 24-15A-29. Discretionary parole date on revocation--Conditions--Discretionary hearings.
- § 24-15A-29.1. Parole date on revocation prior to release.
- § 24-15A-30. Parole release of inmate requiring treatment.
- § 24-15A-31. Modification of parole agreement.
- § 24-15A-32. Department's establishment of initial parole date--Calculation--Crimes deemed violent for purposes of parole--Eligibility.
- § 24-15A-32.1. Withholding of parole eligibility of sex offender based upon history, treatment, and risk factors.
- § 24-15A-33. Change in initial parole date.
- § 24-15A-34. Individual program directives for inmates.
- § 24-15A-35. Notification of inmate's substantive compliance, noncompliance, or undetermined compliance with program directive.
- § 24-15A-36. Inmate to submit parole release plan.
- § 24-15A-37. Parole agreement on conditions of supervision.
- § 24-15A-38. Inmate release to parole supervision--Conditions.
- § 24-15A-39. Hearing to determine compliance with parole release standards--Waiver of appearance--Determinations of board--Discretionary hearings.
- § 24-15A-40. Right of review.
- § 24-15A-41. Subsequent parole after hearing.
- § 24-15A-41.1. Parole of inmate to custody of another state or federal jurisdiction.
- § 24-15A-42. Procedural rules--Parole release standards.
- § 24-15A-44. Effect of validity of chapter.
- § 24-15A-45. Evidence-based practices targeting parolee's criminal risk and need factors.
- § 24-15A-46. Training on evidence-based practices and criminal risk factors.
- § 24-15A-47. Report on implementation of supervision practices and training.
- § 24-15A-48. Response to violation of supervision conditions.
- § 24-15A-49. Report of graduated sanction.
- § 24-15A-50. Award of earned discharge credits.
- § 24-15A-50.1. Additional earned discharge credits.
- § 24-15A-51. Report of eligibility for award of discharge credits.
- § 24-15A-52. Review of ineligibility determination.
- § 24-15A-53. Report of parolees qualifying for earned discharge credits.
- § 24-15A-54. Transfer to administrative financial accountability system.
- § 24-15A-55. Eligibility for compassionate parole.
- § 24-15A-56. Referral for compassionate parole hearing.
- § 24-15A-57. Factors for consideration in determining grant or denial of compassionate parole.
- § 24-15A-58. Release plan to ensure health care expenses will be paid by inmate or third party payer.
- § 24-15A-59. Grant or denial of compassionate parole--Reconsideration--Removal from consideration.
- § 24-15A-60. Inmate who reaches parole eligibility date or initial parole date not eligible for compassionate parole.
- § 24-15A-61. Inmate granted compassionate parole subject to statutory requirements.
- § 24-15A-62. Due process interest in compassionate parole not created--Decision of board final.
- § 24-15A-63. Extended confinement.
- § 24-15A-64. Promulgation of rules regarding compassionate parole.
- § 24-15A-65. Inmate on compassionate parole ineligible for earned discharge credits.
- § 24-15A-66. Effect of revocation of compassionate parole.
- § 24-15A-67. Conditions of compassionate parole.
- § 24-15A-68. Compassionate parole requirements not applicable to paroled inmate who reached initial parole date or parole eligibility date.
- § 24-16-1. 24-16-1 to 24-16-5. Repealed by SL 2001, ch 128, § 2, eff. June 19, 2002.
- § 24-16A-1. Interstate Compact for Adult Offender Supervision.