S.D. Codified Laws § 24-14-6 — SD Code / Title 24 / Chapter 14 / Section 24-14-6
Appearance before board to object to recommendation for clemency
Status: in_force

Any person feeling aggrieved by an application for clemency may appear in person before the Board of Pardons and Paroles during its consideration to show cause by written or oral testimony why a recommendation for clemency should not be granted.

Source: SDC 1939, § 13.5107; SL 1964, ch 33, § 3; SDCL, § 23-59-7; SL 1978, ch 186, § 38.
S.D. Codified Laws § 24-1-36 — SD Code / Title 24 / Chapter 1 / Section 24-1-36
Notice to sentencing judge of inmate's change of status
Status: in_force

The sentencing judge may request to be notified by the Department of Corrections if an inmate who was convicted of committing a crime escapes, is released from prison, is placed on furlough or work release pursuant to chapter 24-8 , is returned from escape, or is removed from work release. Any notice pursuant to this section shall be made through the statewide automated victim information and notification (SAVIN) system.

Source: SL 2014, ch 116, § 10; SL 2017, ch 107, § 6.
S.D. Codified Laws § 24-15-15 — SD Code / Title 24 / Chapter 15 / Section 24-15-15
Out-of-state employment of parolee--Supervision by other state--State laws remaining applicable
Status: in_force

The Board of Pardons and Paroles may, in the board's discretion, permit a parolee to leave this state and go to any other state, if satisfied that suitable employment or beneficial occupation of the parolee's time has been secured in the other state where the parolee will be free from criminal influences, and that a parole agency or department of the other state will undertake supervision of the parolee within the other state in conformity with the laws of South Dakota relating to parolees. The parolee is subject to all the laws of South Dakota relating to parolees, in the same manner and to the same extent as if the parolee had not been permitted to leave this state.

Source: SDC 1939, § 13.5301; SL 1939, ch 34; SL 1964, ch 33, § 4; SDCL, § 23-60-13; SL 1978, ch 186, § 29; SL 1987, ch 13, § 4; SL 2004, ch 168, § 62.
S.D. Codified Laws § 24-15A-55 — SD Code / Title 24 / Chapter 15A / Section 24-15A-55
Eligibility for compassionate parole
Status: in_force

Notwithstanding any contrary provision in chapter 24-13 , 24-15 , or 24-15A , an inmate who:

(1) Has a terminal illness;

(2) Is seriously ill and not likely to recover;

(3) Requires extensive medical care or significant chronic medical care;

(4) Is at least sixty-five years of age, has served at least ten consecutive years of the inmate's sentence incarcerated, whose current sentences are for convictions of a Class 3 felony or below and whose medical care needs are at least double the average annual medical cost of the inmate population; or

(5) Is at least seventy years of age and has served at least thirty consecutive years of the inmate's sentence incarcerated; and

(6) Is not serving a capital punishment sentence;

Source: SL 2018, ch 154, § 1.
S.D. Codified Laws § 24-8-9 — SD Code / Title 24 / Chapter 8 / Section 24-8-9
Disbursements to defray inmate's obligations--Priority of disbursements
Status: in_force

The Department of Corrections shall place all earnings in the inmate's account and make disbursements therefrom in the priority set forth below:

(1) The board and room charges of the inmate;

(2) Necessary travel expenses and other incidental expenses of the inmate related to the inmate's release program;

(3) Support of the inmate's legal dependents;

(4) Payments on fines and restitution;

(5) Payments of personal debts and obligations upon proper proof and at the discretion of the inmate;

(6) The balance, if any, to be retained in the inmate's account and paid to the inmate upon parole or discharge.

Source: SL 1967, ch 32, § 5; SL 1989, ch 20, § 149; SL 2004, ch 168, § 38; SL 2006, ch 138, § 2.
S.D. Codified Laws § 24-13-7 — SD Code / Title 24 / Chapter 13 / Section 24-13-7
Procedural rules of board--Consideration in granting or denying parole
Status: in_force

Pursuant to chapter 1-26 , the Board of Pardons and Paroles may promulgate procedural rules for the effective enforcement of chapters 24-13 to 24-15 , inclusive, and for the exercise of powers and duties conferred upon it. Additionally, the Board of Pardons and Paroles may utilize the following standards in granting or denying paroles or in assisting inmates in an assessment of their rehabilitation needs:

(1) The inmate's personal and family history;

(2) The inmate's attitude, character, capabilities, and habits;

(3) The nature and circumstances of the inmate's offense;

(4) The number, nature, and circumstances of the inmate's prior offenses;

(5) The successful completion or revocation of previous probation or parole granted to the inmate;

(6) The inmate's conduct in the institution, including efforts directed towards self - improvement;

(7) The inmate's understanding of his or her own problems and the willingness to work towards overcoming them;

(8) The inmate's total personality as it reflects on the possibility that the inmate will lead a law - abiding life without harm to society;

(9) The inmate's family and marital circumstances and the willingness of the family and others to help the inmate upon release on parole from the institution;

(10) The soundness of the parole program and whether it will promote the rehabilitation of the inmate;

(11) The inmate's specific employment and plans for further formal education or training;

(12) The inmate's plan for additional treatment and rehabilitation while on parole;

(13) The effect of the inmate's release on the community;

(14) The effect of the inmate's release on the administration of justice; and

(15) The effect of the inmate's release on the victims of crimes committed by the inmate.

Neither this section or its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner.

Source: SL 1961, ch 46, § 4; SDCL, § 23-58-7; SL 1978, ch 186, § 11; SL 1985, ch 205, § 3; SL 2004, ch 168, § 46.
S.D. Codified Laws § 24-8-3 — SD Code / Title 24 / Chapter 8 / Section 24-8-3
Confinement during nonwork periods
Status: in_force

Any inmate released pursuant to § 24-8-1 shall be confined in the institution from which released or some other suitable place of confinement approved by the warden. Such confinement shall be for such periods of time that such inmate is not actually working at his or her employed job, seeking employment, or engaging in a vocational training or other educational program.

Source: SL 1967, ch 32, § 1; SL 1989, ch 20, § 143; SL 2004, ch 168, § 36.
S.D. Codified Laws § 24-1-13 — SD Code / Title 24 / Chapter 1 / Section 24-1-13
Secretary of corrections as custodian of all correctional facility property
Status: in_force

The secretary of corrections shall have charge and custody of each state correctional facility, with all lands, buildings, furniture, tools, equipment, implements, stock and provisions, and all other property pertaining thereto or within the precincts thereof.

Source: SDC 1939, § 13.4708; SL 1981, ch 193, § 1; SL 1989, ch 20, § 75; SL 2023, ch 82, § 56.
S.D. Codified Laws § 24-15A-59 — SD Code / Title 24 / Chapter 15A / Section 24-15A-59
Grant or denial of compassionate parole--Reconsideration--Removal from consideration
Status: in_force

The board may grant or deny a compassionate parole. If denied the board shall set the date for the next consideration of compassionate parole not to exceed one year. The board may elect to review the inmate sooner than one year. If the inmate no longer meets the criteria for compassionate parole as set forth in § 24-15A-55 , the inmate's health care provider or the warden shall notify the secretary of corrections. The secretary may remove the inmate from compassionate parole consideration. An inmate removed from compassionate parole consideration is subject to applicable parole provisions under chapters 24-13 , 24-15 , and 24-15A notwithstanding the provisions of §§ 24-15A-55 to 24-15A-68 , inclusive, or a pending compassionate parole hearing. If an inmate is released on compassionate parole and is compliant with the terms of the inmate's supervision, no longer meeting the criteria for compassionate parole in § 24-15A-55 does not constitute grounds for parole revocation.

Source: SL 2018, ch 154, § 5.
S.D. Codified Laws § 24-7-9 — SD Code / Title 24 / Chapter 7 / Section 24-7-9
Surplus in prison industries revolving fund transferred to general fund
Status: in_force

At the end of the fiscal year the state treasurer shall transfer any cash balance in excess of five hundred thousand dollars from the prison industries revolving fund to the general fund.

Source: SDC 1939, § 13.4805; SL 1947, ch 265, § 3; SDC Supp 1960, § 13.47A03; SL 1984, ch 30, § 14; SL 1989, ch 20, § 130; SL 2016, ch 140, § 2.
S.D. Codified Laws § 24-2-26 — SD Code / Title 24 / Chapter 2 / Section 24-2-26
Confiscation and disposition of unauthorized articles and money in inmate's possession
Status: in_force

The warden may confiscate and dispose of, in the manner as in the opinion of the secretary of corrections will best promote the interest of the state, any article in the personal possession of any inmate which is unlawful for an inmate to possess pursuant to state law or the rules of the Department of Corrections. Any unauthorized money which is confiscated shall be deposited in the state general fund.

Source: SL 1981, ch 193, § 4; SL 1989, ch 20, § 102; SL 2004, ch 168, § 15.
S.D. Codified Laws § 24-11-53 — SD Code / Title 24 / Chapter 11 / Section 24-11-53
Records of involuntary treatment
Status: in_force

The county sheriff shall maintain records of any involuntary treatment with psychotropic medication. The records shall include the frequency of use of the treatment and any available medical history of a prisoner's prior mental illness, and may include such other information as deemed necessary by the county sheriff to facilitate the management of prisoners.

Source: SL 2013, ch 115, § 5.
S.D. Codified Laws § 24-15-11.2 — SD Code / Title 24 / Chapter 15 / Section 24-15-11.2
Revenue to general fund
Status: in_force

Any revenue collected pursuant to §§ 24-15-11 and 24-15A-24 as supervision fees shall be deposited in the state general fund.

Source: SL 1997, ch 149, § 4; SL 1998, ch 154, § 1.
S.D. Codified Laws § 24-15A-14 — SD Code / Title 24 / Chapter 15A / Section 24-15A-14
File containing history of inmate--Purposes--Access to file
Status: in_force

If a defendant is sentenced to prison, the department shall develop a file which shall contain a complete history of that person. Except for the information authorized for release pursuant to § 24-2-20 , the record shall be a permanent record of the department, solely for the proper supervision of the inmate by the department and as a guide to the inmate's needs. No person other than members of the board, its executive director, the secretary, and any person specifically delegated for such access by the secretary, may inspect the file unless otherwise ordered by a circuit court or subpoena after notice to the secretary and an opportunity for a hearing on any objections to inspection. The secretary shall have ten days after receipt of the notice to inform the court if the secretary requests a hearing.

Source: SL 1996, ch 158, § 13; SL 2001, ch 118, § 3; SL 2004, ch 168, § 69; SL 2011, ch 127, § 2.
S.D. Codified Laws § 24-13-3 — SD Code / Title 24 / Chapter 13 / Section 24-13-3
Direction and supervision of Board of Pardons and Paroles--Records and reports--Coordination of programs
Status: in_force

The Board of Pardons and Paroles shall be administered under the direction and supervision of the Department of Corrections but shall retain the quasi - judicial, quasi - legislative, advisory, and other nonadministrative functions otherwise vested in it, and shall exercise those functions independently of the Department of Corrections. The Board of Pardons and Paroles shall submit records, information, and reports in the form and at such times as required by the secretary of corrections, except that the Board of Pardons and Paroles shall report at least annually. The Board of Pardons and Paroles shall also coordinate programs under its jurisdiction with related programs under the jurisdiction of the Department of Corrections.

Source: SL 1973, ch 2, § 85; SL 1977, ch 198, § 13; SDCL Supp, § 23-58-1.1; SL 1978, ch 186, § 1; SL 1989, ch 20, § 169.
S.D. Codified Laws § 24-11B-3 — SD Code / Title 24 / Chapter 11B / Section 24-11B-3
Duties and powers of hearing panel
Status: in_force

The hearing panel:

(1) Shall engage in a confidential review of the prisoner's medical records;

(2) Shall receive a description of the proposed course of treatment for the involuntary feeding or hydration of the prisoner and testimony of the circumstances of the situation from the attending physician; and

(3) May ask for testimony or written statement concerning the circumstances of the prisoner's lack of nutrition or hydration.

Source: SL 2005, ch 131, § 3.
S.D. Codified Laws § 24-2-1 — SD Code / Title 24 / Chapter 2 / Section 24-2-1
Inmates under custody of secretary of corrections--Delegation of powers
Status: in_force

All inmates under confinement in a state correctional facility are under the charge and custody of the secretary of corrections, who may delegate to the warden of the state correctional facility the authority to govern, house, discipline and employ them in the manner prescribed by law and the rules and institutional policies of the Department of Corrections as approved by the secretary. A warden may delegate administrative decision making to various staff members or committees consisting of staff members. However, any decision made by such staff member or committee is subject to the final approval of the secretary.

Source: SDC 1939, § 13.4713; SL 1981, ch 193, § 2; SL 1983, ch 199, § 7; SL 1989, ch 20, § 84; SL 2023, ch 82, § 62.
S.D. Codified Laws § 24-2-29.1 — SD Code / Title 24 / Chapter 2 / Section 24-2-29.1
Rules authorizing sanctions for inmate abuse of court system
Status: in_force

The secretary of corrections shall develop department rules which allow an inmate to be sanctioned pursuant to §§ 24-2-9 and 24-15A-4 for each instance that a court finds that the inmate has done any of the following while in the custody of the Department of Corrections:

(1) Filed a false, frivolous, or malicious action or claim with the court;

(2) Brought an action or claim with the court solely or primarily for delay or harassment;

(3) Unreasonably expanded or delayed a judicial proceeding;

(4) Testified falsely or otherwise submitted false evidence or information to the court;

(5) Attempted to create or obtain a false affidavit, testimony, or evidence; or

(6) Abused the discovery process in any judicial action or proceeding.

The violation of such rules may be considered in parole release decisions pursuant to subdivision 24-13-7(6) and shall be considered in determining substantive compliance or noncompliance with the inmate's individual program directive pursuant to §§ 24-15A-35 and 24-15A-39 .

Source: SL 1997, ch 147, § 1.
S.D. Codified Laws § 24-2-31 — SD Code / Title 24 / Chapter 2 / Section 24-2-31
Contracts for inmate health care services exempt from state insurance regulations
Status: in_force

Any person who enters into a contract with the Department of Corrections to provide health care services for inmates is not subject to the requirements of Title 58 for the provision of those services to inmates. However, any activity of such a person outside the scope of the contract with the Department of Corrections is not exempt from provisions of Title 58.

Source: SL 1995, ch 139.
S.D. Codified Laws § 24-2-12 — SD Code / Title 24 / Chapter 2 / Section 24-2-12
Punitive confinement--Forfeiture of good conduct time
Status: in_force

Any inmate against whom the disciplinary sanction of punitive confinement has been given for violating any of the rules or policies of the Department of Corrections, unless otherwise determined by the secretary of corrections, shall be housed in a segregation section of the state correctional facility for such period as may be necessary for the best interests of discipline, justice, rehabilitation, and the protection of the inmate and others. The disciplinary board, established by rules promulgated by the Department of Corrections, may take away time granted for good conduct pursuant to § 24-5-1 for violating any of the rules or policies of the Department of Corrections, following a hearing and subject to the approval of the secretary of corrections.

Source: SDC 1939, § 13.4716; SL 1981, ch 193, § 6; SL 1989, ch 20, § 90; SL 1990, ch 179, § 2; SL 1994, ch 189, § 3; SL 2004, ch 168, § 6; SL 2023, ch 82, § 68.
S.D. Codified Laws § 24-11-1 — SD Code / Title 24 / Chapter 11 / Section 24-11-1
Jail defined--Classification of jails
Status: in_force

The term, jail, as used in this chapter includes any building or place provided or used by any county, municipality, or civil township for the detention of adult persons convicted or accused of the violation of any law of this state, any ordinance or bylaw of any municipality or civil township, or any rule or regulation of any board, commission, or public officer having the effect of law; or for the detention of adult persons held as witnesses or committed for contempts, except juvenile detention facilities located outside jails and lockups and approved collocated detention facilities operated by counties. The governing body or commission responsible for the operation of a jail shall classify its jails based upon the types of persons detained therein and the maximum length of detention of persons in such jails.

Source: SDC 1939, § 13.4601; SL 1981, ch 195, § 1; SL 1983, ch 198, § 1; SL 1992, ch 60, § 2; SL 2003, ch 149, § 9.
S.D. Codified Laws § 24-2-29 — SD Code / Title 24 / Chapter 2 / Section 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
Status: in_force

Each inmate is liable for court-ordered fines, costs, fees, sanctions, and restitution and any obligation incurred while under the jurisdiction of the Department of Corrections including those provided for in §§ 24-2-28 , 24-7-3 , 24-8-9 , 24-15-11 , 24-15A-24 , and 23A-35B-4 and any other charge owed to the state. Disbursement shall be made from an inmate's institutional account to defray the inmate's obligation, regardless of the source of the inmate's funds, including moneys in the inmate's institutional account pursuant to § 24-2-5 and wages earned by the inmate pursuant to §§ 24-4-9 , 24-7-3(3), 24-7-6 , and 24-8-8 .

Source: SL 1994, ch 188, § 1; SL 1997, ch 147, § 3; SL 1997, ch 149, § 5; SL 2002, ch 121, § 3; SL 2004, ch 168, § 18.
S.D. Codified Laws § 24-15-4.1 — SD Code / Title 24 / Chapter 15 / Section 24-15-4.1
Inmate sentenced to term of imprisonment ineligible for parole--Exception--No discharge credit
Status: in_force

For the purposes of this section, the term "offense" means any of the following:

(1) First degree murder, as defined in § 22-16-4 ;

(2) Second degree murder, as defined in § 22-16-7 ;

(3) Kidnapping in the first degree, as defined in § 22-19-1 ;

(4) An act of terrorism, as defined in § 22-8-12 ;

(5) Manslaughter in the first degree, as defined in § 22-16-15 ;

(6) Rape in the first degree, as defined in § 22-22-1 ;

(7) Attempted first degree murder of a law enforcement officer, as defined in § 22-4-3 ;

(8) Aggravated kidnapping in the second degree, as defined in § 22-19-1.1 ;

(9) Rape in the second degree, as defined in § 22-22-1 ;

(10) Torture of a human trafficking victim, as defined in § 22-49-5 ;

(11) Commission of a felony while armed with firearms, as defined in § 22-14-12 ;

(12) Aggravated assault against a law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer, as defined in § 22-18-1.05 ;

(13) Aggravated battery of an infant, as defined in § 22-18-1.4 ;

(14) Assault with intent to cause serious permanent disfigurement, as defined in § 22-18-1.5 ;

(15) Robbery in the first degree, as defined in § 22-30-6 ;

(16) First degree burglary, as defined in § 22-32-1 ;

(17) First degree arson, as defined in § 22-33-9.1 ; and

(18) First degree human trafficking, as defined in § 22-49-2 .

An inmate convicted of and sentenced for an offense as specified in this section, for a crime committed on or after July 1, 2023, is not eligible for parole by the Board of Pardons and Paroles, except as provided in §§ 24-15A-55 to 24-15A-68 , inclusive. An inmate shall serve the full term of imprisonment imposed by the court for the offense. The court retains the discretion to suspend a portion of the prison sentence. If the court suspends a portion of the prison sentence, the Board of Pardons and Paroles must supervise the suspended time and may revoke the suspended portion of the sentence for the inmate's failure to follow the conditions of release.

An inmate may earn any credit for which the inmate is eligible. However, the credit may only be used for increased privileges and may not be used to reduce the sentence imposed by the court.

Source: SL 2023, ch 80, § 1; SL 2025, ch 104, § 1.
S.D. Codified Laws § 24-15A-50 — SD Code / Title 24 / Chapter 15A / Section 24-15A-50
Award of earned discharge credits
Status: in_force

Each parolee shall be awarded earned discharge credits as follows:

(1) For each full calendar month of compliance with the terms of supervision, an earned discharge credit of the number of days in that month shall be deducted from the parolee's sentence discharge date established in §§ 24-15A-6 and 24-5-1 . No earned discharge credit may be awarded for partial months or for the first full calendar month of parole supervision in the community;

(2) A parolee is deemed to be compliant with the terms of supervision and shall be awarded earned discharge credits for the month if there was no violation of conditions of supervision during the month at the level warranting formal response per standardized department directive. A parolee may not receive earned discharge credits for the month if the parolee had a violation of conditions resulting in a formal response;

(3) No earned discharge credit may accrue for a calendar month in which a violation report has been submitted, the parolee has absconded from supervision, the parolee is under sanction of jailing or detainment, or for the months between the submission of the violation report and the final action on the violation report by the board. If the board does not find that the provisions of § 24-15A-27 or 24-15-20 have been violated, the board may include an award of earned discharge credits for the months the violation report was pending in the board's order to restore the parolee to the original or modified terms and conditions of parole;

(4) A parolee serving a sentence for a conviction of a sex offense as defined in § 22-24B-1 or a violation of sex offender registry requirements or a violation of community safety zone requirements is not eligible for earned discharge credits on any sex offense, sex offender registry violation, or community safety zone violation sentence;

(5) Earned discharge credits shall be applied to the sentence discharge date within thirty days of the end of the month in which the credits were earned. At least every six months, a parolee who is serving a sentence eligible for earned discharge credits shall be notified of the current sentence discharge date; and

(6) A parolee serving an eligible South Dakota prison sentence in any community in another state under the Interstate Compact for Adult Offender Supervision is eligible for earned discharge credits pursuant to this chapter.

Source: SL 2013, ch 101, § 36.
S.D. Codified Laws § 24-2-33 — SD Code / Title 24 / Chapter 2 / Section 24-2-33
Hearing required prior to treatment with psychotropic medication
Status: in_force

Prior to involuntary treatment with psychotropic medication, the inmate shall receive a hearing before a panel consisting of a psychiatrist, a physician, and a representative of the warden, none of whom may have participated in the inmate's current diagnosis, evaluation, or treatment. The inmate has the right to notice of the hearing, the right to attend the hearing, and the right to present evidence and cross - examine witnesses, and the right to representation by a disinterested lay advisor knowledgeable about psychological issues. The panel may order involuntary treatment with psychotropic medication by majority vote of the panel if the psychiatrist is in the majority. The inmate may appeal the decision of the panel to the secretary of corrections. The inmate may appeal the decision of the secretary to circuit court pursuant to chapter 1-26 .

Source: SL 1996, ch 159, § 2.
S.D. Codified Laws § 24-11-60 — SD Code / Title 24 / Chapter 11 / Section 24-11-60
Training on symptoms of mental health problems and defusing mental health crises
Status: in_force

Officers within any jail, as defined in § 24-11-1 , shall receive training developed by the Division of Criminal Investigation on recognizing the signs and symptoms of mental health problems and defusing mental health crises. After initial training, each officer shall attend further training at least once every four years.

Source: SL 2017, ch 109, § 28, eff. July 1, 2018.
S.D. Codified Laws § 24-15A-7 — SD Code / Title 24 / Chapter 15A / Section 24-15A-7
Status of inmate upon discharge--Certificate to inmate upon discharge or parole--Mailing to clerk of court
Status: in_force

Whenever any inmate has been discharged under the provisions of § 24-15A-6 , the inmate shall at the time of discharge be considered as restored to the full rights of citizenship. At the time of the discharge of any inmate under the provisions of this chapter, the inmate shall receive from the secretary a certificate stating that the inmate has been restored to the full rights of a citizen. If an inmate is on parole at the time the inmate becomes eligible for discharge, the secretary shall issue a like certificate, which is due notice that the inmate has been restored to the full rights of a citizen.

The secretary shall mail a copy of the certificate to the clerk of court for the county from which the inmate was sentenced.

Source: SL 1996, ch 158, § 6.
S.D. Codified Laws § 24-15A-32 — SD Code / Title 24 / Chapter 15A / Section 24-15A-32
Department's establishment of initial parole date--Calculation--Crimes deemed violent for purposes of parole--Eligibility
Status: in_force

For a crime committed before July 1, 2023, each inmate sentenced to a state incarceration term, except those under a sentence of life or death, or determined to be ineligible for parole as authorized in § 24-15A-32.1 , must have an initial parole date set by the department. This date must be calculated by applying the percentage indicated in the following grid to the full term, minus any suspended time. A crime listed below, or an attempt to commit, a conspiracy to commit, or a solicitation to commit any crime listed below, is a violent crime for purposes of setting an initial parole date: murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first degree, burglary in the second degree if committed before July 1, 2006, arson, kidnapping, felony sexual contact as defined in §§ 22-22-7 and 22-22-7.2 , child abuse, felony stalking as defined in §§ 22-19A-2 and 22-19A-3 , photographing a child in an obscene act as previously set forth in § 22-22-23 , felony assault as defined in §§ 22-18-26 and 22-18-29 , felony simple assault as defined in § 22-18-1 , aggravated criminal battery of an unborn child as defined in § 22-18-1.3 , aggravated battery of an infant as defined in § 22-18-1.4 , assault with intent to cause serious permanent disfigurement as defined in § 22-18-1.5 , commission of a felony while armed as defined in § 22-14-12 , discharging a firearm at an occupied structure or motor vehicle as defined in § 22-14-20 , discharging a firearm from a moving vehicle as defined in § 22-14-21 , criminal pedophilia as previously set forth in § 22-22-30.1 , threatening to commit a sexual offense as defined in § 22-22-45 , abuse or neglect of a disabled adult as defined in § 22-46-2 , and aggravated incest as defined in §§ 22-22A-3 and 22-22A-3.1 :

Felony Convictions

Felony Class

First

Second

Third

Nonviolent

Class 6

.25

.30

.40

Class 5

.25

.35

.40

Class 4

.25

.35

.40

Class 3

.30

.40

.50

Class 2

.30

.40

.50

Class 1

.35

.40

.50

Class C

.35

.40

.50

Violent

Class 6

.35

.45

.55

Class 5

.40

.50

.60

Class 4

.40

.50

.65

Class 3

.50

.60

.70

Class 2

.50

.65

.75

Class 1

.50

.65

.75

Class C

.50

.65

.75

Class B

1.0

1.0

1.0

Class A

1.0

1.0

1.0

The application of the violent or nonviolent column of the grid is based on whether the inmate's current sentence is for a violent or nonviolent crime. The department shall consider any prior felony regardless of whether the crime is violent or nonviolent when determining which percentage to apply to the inmate's parole date calculation. Each inmate shall serve at least sixty days prior to parole release. An inmate with a life sentence is not eligible for parole except as provided in §§ 24-15A-55 to 24-15A-68 , inclusive. An initial parole date through the application of this grid may be applied to a life sentence only after the sentence is commuted to a term of years. A Class A or B felony commuted to a number of years must be applied to the Class C violent column of the grid. An inmate convicted of a Class A or B felony who was a juvenile at the time of the offense and receives a sentence of less than life must be applied to the Class C violent column of the grid.

For a crime committed on or after July 1, 2023, each inmate sentenced to a penitentiary term, except those under a sentence of life or death, or determined to be ineligible for parole as authorized in §§ 24-15-4.1 , 24-15-4.2 , and 24-15A-32.1 , must have an initial parole date set by the department. The date must be calculated by applying the percentage indicated in the following grid to the full term of the sentence, minus any suspended time. Any of the following crimes, or any attempt to commit, a conspiracy to commit, or a solicitation to commit any of the following crimes is considered a violent crime for the purpose of setting an initial parole date: arson in the second degree as defined in § 22-33-9.2 , rape in the third or fourth degree as defined in § 22-22-1 , felony sexual contact as defined in §§ 22-22-7 and 22-22-7.2 , felony stalking as defined in §§ 22-19A-2 and 22-19A-3 , felony assault as defined in §§ 22-18-26 and 22-18-29 , felony simple assault as defined in § 22-18-1 , discharging a firearm at an occupied structure or motor vehicle as defined in § 22-14-20 , discharging a firearm from a moving vehicle as defined in § 22-14-21 , threatening to commit a sexual offense as defined in § 22-22-45 , abuse or neglect of a disabled adult as defined in § 22-46-2 , and aggravated incest as defined in §§ 22-22A-3 and 22-22A-3.1 :

Felony Convictions

Felony Class

First

Second

Third

Nonviolent

Class 6

.25

.30

.40

Class 5

.25

.35

.40

Class 4

.25

.35

.40

Class 3

.30

.40

.50

Class 2

.30

.40

.50

Class 1

.35

.40

.50

Class C

.35

.40

.50

Violent

Class 6

.35

.45

.55

Class 5

.40

.50

.60

Class 4

.40

.50

.65

Class 3

.50

.60

.70

Class 2

.50

.65

.75

Class 1

.50

.65

.75

Class C

.50

.65

.75

Class B

1.0

1.0

1.0

Class A

1.0

1.0

1.0

§ 24-15-4.1

1.0

1.0

1.0

§ 24-15-4.2

1.0–.85

1.0–.85

1.0–.85

The application of the violent or nonviolent column of the grid is based on whether the inmate's current sentence is for a violent or nonviolent crime. The department shall consider any prior felony regardless of whether the crime is violent or nonviolent when determining which percentage to apply to the inmate's parole date calculation. Each inmate shall serve at least sixty days prior to parole release. An inmate with a life sentence and an inmate who commits an offense as defined in § 24-15-4.1 is not eligible for parole except as provided in §§ 24-15A-55 to 24-15A-68 , inclusive. An inmate who commits an offense as defined in § 24-15-4.2 is not eligible for parole except as provided in §§ 24-15-4.2 and 24-15A-55 to 24-15A-68 , inclusive. The provisions set forth in §§ 24-15-4.1 and 24-15-4.2 apply to a life sentence that has been commuted to a term of years.

Source: SL 1996, ch 158, § 31; SL 2001, ch 126, § 1; SL 2004, ch 168, § 71; SL 2006, ch 117, § 2; SL 2006, ch 121, § 14; SL 2007, ch 141, § 2; SL 2007, ch 153, § 2; SL 2012, ch 136, § 1; SL 2013, ch 105, § 3; SL 2013, ch 116, § 2; SL 2018, ch 152, § 1; SL 2018, ch 154, § 12; SL 2019, ch 119, § 1; SL 2023, ch 80, § 3; SL 2023, ch 82, § 93; SL 2025, ch 104, § 3.
S.D. Codified Laws § 24-4-9 — SD Code / Title 24 / Chapter 4 / Section 24-4-9
Inmates' compensation authorized
Status: in_force

The warden may authorize monetary compensation to inmates for work performed under the provisions of § 24-4-7 .

Source: SDC 1939, § 13.4723; SL 1989, ch 20, § 109.
S.D. Codified Laws § 24-1-25 — SD Code / Title 24 / Chapter 1 / Section 24-1-25
Department of Corrections employees prohibited from having interest in department contracts or business
Status: in_force

No person employed by the Department of Corrections may have any pecuniary interest in any contract or business conducted by the department.

Source: SDC 1939, § 13.4710; SL 1989, ch 20, § 76; SL 2023, ch 82, § 58.
S.D. Codified Laws § 24-14-4.2 — SD Code / Title 24 / Chapter 14 / Section 24-14-4.2
Notice of application for clemency--Publication exception--Victim of human trafficking or domestic abuse--Applicability
Status: in_force

The provisions of § 24-14-4 do not apply to an applicant who is a victim of human trafficking or domestic abuse. To be recognized as a victim of human trafficking or domestic abuse, the individual shall submit to the Board of Pardons and Paroles:

(1) An affidavit of the individual stating that:

(a) The individual is a victim of:

(i) Human trafficking under chapter 22-49 ;

(ii) Domestic abuse, as defined in § 25-10-1 ; or

(iii) A similar crime in another state that, if committed in this state, would be considered human trafficking or domestic abuse; and

(b) The individual's safety is at risk if any personal information is published in any newspaper; and

(2) The affidavit of two professionals stating that, based on the professional's work with the individual, the professional believes the individual is a victim of human trafficking or domestic abuse as set forth in subdivision (1), and the professional believes the individual has a good faith belief that the individual's safety is at risk. The professionals, who may be from the same profession but may not be from the same agency, must be any two of the following:

(a) A law enforcement officer;

(b) A prosecutor;

(c) A parole agent;

(d) A qualified mental health professional;

(e) A licensed health care provider;

(f) An addiction counseling or prevention services practitioner; or

(g) A social worker, crisis counselor, or other advocate acting on behalf of an agency that assists victims of human trafficking or domestic abuse.

Nothing in this section waives a victim's right to notification as set forth in S.D. Const., Art. VI, § 29, chapter 23A-28C , or any other applicable victim's rights law.

Source: SL 2026, ch 117, § 1.
S.D. Codified Laws § 24-15A-46 — SD Code / Title 24 / Chapter 15A / Section 24-15A-46
Training on evidence-based practices and criminal risk factors
Status: in_force

Any employee who exercises supervision over a parolee pursuant to § 24-15-14 or provides intervention services to any parolee shall receive annual training on evidence-based practices and criminal risk factors, as well as instruction on how to target these factors to reduce recidivism.

Source: SL 2013, ch 101, § 28.
S.D. Codified Laws § 24-5-5 — SD Code / Title 24 / Chapter 5 / Section 24-5-5
Funds in inmate's institutional accounts upon discharge, death, or escape--Application--Refund
Status: in_force

If any inmate of a state correctional facility dies, is discharged, or escapes, leaving funds in the inmate's institutional account or other tangible personal property of value, a correctional facility official shall apply these funds towards the inmate's obligations as provided for in § 24-2-29 . At the official's discretion, tangible personal property of value may be sold, donated to charity, discarded, returned to an heir, or used for the benefit of the Department of Corrections. If the funds exceed the inmate's obligations as provided for in § 24-2-29 , the official shall give the excess balance back to the inmate or an heir of the inmate. Otherwise, the official shall deposit the excess balance in the state general fund.

Source: SL 1987, ch 184, § 1; SL 2004, ch 169, § 1; SL 2023, ch 82, § 75.
S.D. Codified Laws § 24-2-34 — SD Code / Title 24 / Chapter 2 / Section 24-2-34
Periodic review of psychotropic treatment
Status: in_force

If involuntary treatment of an inmate with psychotropic medication is to exceed thirty days, a physician who is not the attending physician shall review the inmate's case at intervals not to exceed thirty days and make a written determination whether involuntary treatment with psychotropic medication may be continued.

Source: SL 1996, ch 159, § 3.
S.D. Codified Laws § 24-11-4.1 — SD Code / Title 24 / Chapter 11 / Section 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
Status: in_force

Any combination of counties or municipalities of this state may enter into an agreement pursuant to chapter 1-24 for the creation of an area jail or juvenile detention facility compact which may be a separate legal entity. In addition to the provisions of chapter 1-24 , an agreement pursuant to this section may be for any period of time and may provide for liquidated damages to be imposed upon any party withdrawing without the consent of all other parties to the agreement. The liquidated damages may not exceed the minimum contribution agreed to by the withdrawing party to termination of the agreement reduced to present value. The compact may own, purchase, construct or otherwise acquire ownership of jail or juvenile detention facilities located within any of the parties. The compact may issue revenue bonds, enter into lease, lease - purchase and sale, and lease - back agreements, either as lessee or lessor, in the manner provided in §§ 7-25-19 and 7-25-20 , or take any other steps necessary to assist in funding jail or juvenile detention facilities. Operation of the jail or juvenile detention facility shall remain under the authority of the county where the facility is located or by agreement with a municipality. Any county or municipality may enter into lease or lease - purchase agreements with an area jail or juvenile detention facility compact pursuant to §§ 7-25-19 and 7-25-20 .

Source: SL 1986, ch 202, § 1; SL 1987, ch 185, § 1; SL 1993, ch 188, § 1.
S.D. Codified Laws § 24-16A-1 — SD Code / Title 24 / Chapter 16A / Section 24-16A-1
24-16A-1. 24-16A-1.Interstate Compact for Adult Offender Supervision
Status: in_force

ARTICLE I

PURPOSE

The compacting states to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the Interstate Commission created hereunder, through means of joint and cooperative action among the compacting states: to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states.

In addition, this compact will: create an Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.

The compacting states recognize that there is no "right" of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder.

It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

(1) "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law;

(2) "By-laws" mean those by-laws established by the Interstate Commission for it governance, or for directing or controlling the Interstate Commission's actions or conduct;

(3) "Compact Administrator" means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the state council under this compact;

(4) "Compacting state" means any state which has enacted the enabling legislation for this compact;

(5) "Commissioner" means the voting representative of each compacting state appointed pursuant to Article III of this compact;

(6) "Interstate Commission" means the Interstate Commission for Adult Offender Supervision established by this compact;

(7) "Member" means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner;

(8) "Noncompacting state" means any state which has not enacted the enabling legislation for this compact;

(9) "Offender" means an adult placed under or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies;

(10) "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private;

(11) "Rules" means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states;

(12) "State" means a state of the United States, the District of Columbia, and any other territorial possessions of the United States;

(13) "State council" means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this compact.

ARTICLE III

THE COMPACT COMMISSION

The compacting states hereby create the "Interstate Commission for Adult Offender Supervision." The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers, and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

The Interstate Commission shall consist of commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state.

In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations; such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, and crime victims. All noncommissioner members of the Intestate Commission shall be ex-officio, nonvoting members. The Interstate Commission may provide in its by-laws for such additional ex-officio, nonvoting members as it deems necessary.

Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the Interstate Commission. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

The Interstate Commission shall establish an Executive Committee, which shall include commission officers, members, and others as shall be determined by the by-laws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rule making, amendment, or both to the compact. The Executive Committee oversees the day-to-day activities managed by the Executive Director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its by-laws and as directed by the Interstate Commission and performs other duties as directed by commission or set forth in the by-laws.

ARTICLE IV

THE STATE COUNCIL

Each member state shall create a State Council for Interstate Adult Offender Supervision, which shall be responsible for the appointment of the commissioner who shall serve on the Interstate Commission from that state. Each state council shall appoint as its commissioner the Compact Administrator from that state to serve on the Interstate Commission in such capacity under or pursuant to applicable law of the member state. While each member state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups and compact administrators. Each compacting state retains the right to determine the qualifications of the Compact Administrator who shall be appointed by the state council or by the Governor in consultation with the Legislature and the Judiciary. In addition to appointment of its commissioner to the National Interstate Commission, each state council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by each member state including but not limited to, development of policy concerning operations and procedures of the compact within that state.

ARTICLE V

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

(1) To adopt a seal and suitable by-laws governing the management and operation of the Interstate Commission;

(2) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;

(3) To oversee, supervise, and coordinate the interstate movement of offenders subject to the terms of this compact and any by-laws adopted and rules promulgated by the compact commission;

(4) To enforce compliance with compact provisions, Interstate Commission rules, and by-laws, using all necessary and proper means, including but not limited to, the use of judicial process;

(5) To establish and maintain offices;

(6) To purchase and maintain insurance and bonds;

(7) To borrow, accept, or contract for services of personnel, including members and their staffs;

(8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder;

(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel;

(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same;

(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed;

(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;

(13) To establish a budget and make expenditures and levy dues as provided in Article X of this compact;

(14) To sue and be sued;

(15) To provide for dispute resolution among compacting states;

(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact;

(17) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission;

(18) To coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in such activity;

(19) To establish uniform standards for the reporting, collecting, and exchanging of data.

ARTICLE VI

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

Section A. By-laws

The Interstate Commission shall, by a majority of the members, within twelve months of the first Interstate Commission meeting, adopt by-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including:

(1) Establishing the fiscal year of the Interstate Commission;

(2) Establishing an executive committee and such other committees as may be necessary; providing reasonable standards and procedures:

(a) For the establishment of committees; and

(b) Governing any general or specific delegation of any authority or function of the Interstate Commission;

(3) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

(4) Establishing the titles and responsibilities of the officers of the Interstate Commission;

(5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any compacting state, the by-laws shall exclusively govern the personnel policies and programs of the Interstate Commission;

(6) Providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment reserving of all its debts and obligations or both;

(7) Providing transition rules for "start up" administration of the compact;

(8) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

Section B. Officers and Staff

The Interstate Commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the by-laws. The chairperson or, in his or her absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.

The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.

Section C. Corporate Records of the Interstate Commission

The Interstate Commission shall maintain its corporate books and records in accordance with the by-laws.

Section D. Qualified Immunity, Defense, and Indemnification

The members, officers, executive director, and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities. However, nothing in this paragraph shall be construed to protect any such person from suit or liability, or both for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person. The Interstate Commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the Interstate Commission's representatives or employee, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.

The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgement obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.

ARTICLE VII

ACTIVITIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall meet and take such actions as are consistent with the provisions of this compact.

Except as otherwise provided in this compact and unless a greater percentage is required by the by-laws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present.

Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The by-laws may provide for member' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.

The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.

The Interstate Commission's by-laws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission shall promulgate rules consistent with the principles contained in the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it is determines by two-thirds vote that an open meeting would be likely to:

(1) Relate solely to the Interstate Commission's internal personnel practices and procedures;

(2) Disclose matters specifically exempted from disclosure by statute;

(3) Disclose trade secrets or commercial or financial information which is privileged or confidential;

(4) Involve accusing any person of a crime, or formally censuring any person;

(5) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(6) Disclose investigatory records complied for law enforcement purposes;

(7) Disclose information contained in or related to examination, operating,or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;

(8) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity;

(9) Specifically related to the Interstate Commission's issuance of a subpoena, or its participation in a civil action or proceeding.

For every meeting closed pursuant to this provision, the Interstate Commission's chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.

The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its by-laws and rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.

ARTICLE VIII

RULE MAKING FUNCTIONS OF THE INTERSTATE COMMISSION

The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.

Rule making shall occur pursuant to the criteria set forth in this article and the by-laws and rules adopted pursuant thereto. Such rule making shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C.S. section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app.2, section 1 et seq., as may be amended (hereinafter "APA"). All rules and amendments shall become binding as of the date specified in each rule or amendment.

If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have not further force and effect in any compacting state.

When promulgating a rule, the Interstate Commission shall publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule; allow persons to submit written data, facts, opinions, and arguments, which information shall be publicly available; provide an opportunity for an informal hearing; and promulgate a final rule and its effective date, if appropriate, based on the rule making record.

No later than sixty days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission's principle office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence, (as defined in the APA), in the rule making record, the court shall hold the rule unlawful and set it aside. Subjects to be addressed within twelve months after the first meeting must at a minimum include:

(1) Notice to victims and opportunity to be heard;

(2) Offender registration and compliance;

(3) Violations/returns;

(4) Transfer procedures and forms;

(5) Eligibility for transfer;

(6) Collection of restitution and fees from offenders;

(7) Data collection and reporting;

(8) The level of supervision to be provided by the receiving state;

(9) Transition rules governing the operation of the compact and the Interstate Commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; and

(10) Mediation, arbitration, and dispute resolution.

The existing rules governing the operation of the previous compact superceded by this Act shall be null and void twelve months after the first meeting of the Interstate Commission created hereunder.

Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rule making procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule.

ARTICLE IX

OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION

Section A. Oversight

The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states, which may significantly affect compacting states.

The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceedings for all purposes.

Section B. Dispute Resolution

The compacting states shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities.

The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states.

The Interstate Commission shall enact a by-law or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

Section C. Enforcement

The Interstate Commission, in the reasonable exercise of its' discretion, shall enforce the provisions of this compact using any or all means set forth in Article XII, Section B of this compact.

ARTICLE X

FINANCE

The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and on-going activities.

The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.

The Interstate Commission shall not incur any obligation of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its by-laws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

ARTICLE XI

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

Any state, as defined in Article II of this compact, is eligible to become a compacting state. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.

Amendments to the compact may be proposed by the Interstate Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

ARTICLE XII

WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT

Section A. Withdrawal

Once effective, the compact shall continue in force and remain binding upon each and every compacting state. However, a compacting state may withdraw from the compact (withdrawing state) by enacting a statute specifically repealing the statute which enacted the compact into law.

The effective date of withdrawal is the effective date of the repeal.

The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.

The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

Section B. Default

If the Interstate Commission determines that any compacting state has at any time defaulted (defaulting state) in the performance of any of its obligations or responsibilities under this compact, the by-laws or any duly promulgated rules the Interstate Commission may impose any or all of the following penalties: fines, fees, costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; remedial training and technical assistance as directed by the Interstate Commission; suspension and termination of membership in the compact.

Suspension shall be imposed only after all other reasonable means of securing compliance under the by-laws and rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice, or Chief Judicial Officer of the state; the majority and minority leaders of the defaulting state's Legislature, and the state council.

The grounds for default include but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, Interstate Commission by-laws, or duly promulgated rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of suspension. Within sixty days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the Governor, the Chief Justice, or Chief Judicial Officer and the Majority and Minority Leaders of the defaulting state's Legislature and the state council of such termination.

The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.

The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.

Section C. Judicial Enforcement

The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the Federal District where the Interstate Commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and by-laws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys' fees.

Section D. Dissolution of Compact

The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces the membership in the compact to one compacting state.

Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the by-laws.

ARTICLE XIII

SEVERABILITY AND CONSTRUCTION

The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

The provisions of this compact shall be liberally constructed to effectuate its purposes.

ARTICLE XIV

BINDING EFFECT OF COMPACT AND OTHER LAWS

Section A. Other Laws

Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.

All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.

Section B. Binding Effect of the Compact

All lawful actions of the Interstate Commission, including all rules and by-laws promulgated by the Interstate Commission, are binding upon the compacting states.

All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.

Upon the request of a party to a conflict over meaning or interpretation of the Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.

In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.

Source: SL 2001, ch 128, § 1, eff. June 19, 2002.
S.D. Codified Laws § 24-15A-39 — SD Code / Title 24 / Chapter 15A / Section 24-15A-39
Hearing to determine compliance with parole release standards--Waiver of appearance--Determinations of board--Discretionary hearings
Status: in_force

Any inmate whom the warden reports has not substantively complied with the individual program directive or for whom there is insufficient information for the warden to determine substantive compliance or noncompliance shall have a hearing with the board to determine the inmate's compliance with the individual program directive. However, if the inmate wishes to admit to noncompliance with the individual program directive, the inmate may waive an appearance at this hearing.

The board may determine the inmate has substantively complied with the individual program directive and release the inmate at the inmate's initial parole date or as soon as reasonably possible following the initial parole date and hearing. The board may also determine the inmate has not substantively met the requirements of the individual program directive, deny release at the initial parole date and set the time for a subsequent discretionary parole hearing. If an inmate does not have an individual program directive, the board shall utilize the standards contained in § 24-15A-42 in making its determination. Any inmate appeal of a finding of noncompliance by the board shall be filed pursuant to chapter 1-26 in the county in which the inmate is confined or in Minnehaha County if the inmate is housed outside the State of South Dakota.

Any inmate not released at the time of the inmate's initial parole date shall have a discretionary parole hearing at least every two years.

Source: SL 1996, ch 158, § 38; SL 1999, ch 132, § 1; SL 2002, ch 124, § 3; SL 2012, ch 137, § 2.
S.D. Codified Laws § 24-15-29 — SD Code / Title 24 / Chapter 15 / Section 24-15-29
County expenses in detaining parole violator--Reimbursement--Process
Status: in_force

In order to obtain reimbursement pursuant to § 24-15-28 , the chair of the board of county commissioners of the county shall present a claim on a voucher to be approved by the secretary of corrections for detention expenses paid by the county, not to exceed ninety-five dollars per day. When the voucher is presented to the state auditor, the state auditor shall examine it and if the claim is just and valid, the state auditor shall issue a warrant for payment to be made from funds appropriated for that purpose, and the state treasurer shall then pay the sum to the treasurer of the county.

Source: SL 1994, ch 191, § 2; SL 2004, ch 168, § 66; SL 2014, ch 120, § 1; SL 2023, ch 81, § 2.
S.D. Codified Laws § 24-8-9.1 — SD Code / Title 24 / Chapter 8 / Section 24-8-9.1
Operation of motor vehicle by inmate
Status: in_force

No inmate engaged in work - release activities may drive or operate a motor vehicle unless the inmate has established to the satisfaction of the sheriff or warden that the inmate is in compliance with § 32-35-113 .

Source: SL 1989, ch 215; SL 2004, ch 168, § 39.
S.D. Codified Laws § 24-11-41 — SD Code / Title 24 / Chapter 11 / Section 24-11-41
Requests for proposals by public notice--Written approval of law enforcement official for contracts
Status: in_force

The governing body of any compact, municipality, or county may contract with a private entity to provide for the financing, design, construction, leasing, operation, purchase, maintenance or management of a jail, correctional facility, detention center, work camp, or related facility. The governing body of any compact, municipality, or county may not award a contract under this section unless it requests proposals by public notice and not less than thirty days from such notice receives a proposal that meets or exceeds the requirements specified in the request for proposals. Before the governing body of any compact, municipality, or county enters into a contract under this section, the governing body of the compact, municipality, or county shall receive the written approval of the sheriff or other designated law enforcement official of such municipality or county, which written approval shall not be unreasonably withheld.

Source: SL 1991, ch 207, § 3.
S.D. Codified Laws § 24-15-23.1 — SD Code / Title 24 / Chapter 15 / Section 24-15-23.1
Preliminary hearing on parole violation not required under certain conditions
Status: in_force

A preliminary hearing as provided for in § 24-15-23 is not required if:

(1) The parolee is under arrest and being held on an order issued by a jurisdiction other than the Board of Pardons and Paroles;

(2) The parolee left the state or other approved jurisdiction without authorization and was apprehended outside of that jurisdiction; or

(3) The parolee was convicted of a felony or misdemeanor in a South Dakota court or a court of another state or a federal court.

Source: SL 2004, ch 170, § 2.
S.D. Codified Laws § 24-4-8 — SD Code / Title 24 / Chapter 4 / Section 24-4-8
Report by custodian of an inmate's unauthorized absence--Return of inmate
Status: in_force

Any person who has custody of an inmate pursuant to § 24-4-7 shall immediately report the unauthorized absence of any inmate and shall promptly return any inmate to the custody of the warden if ordered to do so.

Source: SDC 1939, § 13.4722; SL 1989, ch 20, § 108; SL 2004, ch 168, § 20.
S.D. Codified Laws § 24-15A-62 — SD Code / Title 24 / Chapter 15A / Section 24-15A-62
Due process interest in compassionate parole not created--Decision of board final
Status: in_force

Nothing in §§ 24-15A-55 to 24-15A-68 , inclusive, or its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner. An inmate is not entitled to compassionate parole or to be considered for compassionate parole. Compassionate parole may be recommended by the secretary and granted by the board if, in the judgement of the secretary and the board, the inmate meets the eligibility criteria for compassionate parole pursuant to § 24-15A-55 and a compassionate parole release is unlikely to pose a detriment to the offender, victim, or community. The decision of the board regarding compassionate parole release is final.

Source: SL 2018, ch 154, § 8.
S.D. Codified Laws § 24-15A-36 — SD Code / Title 24 / Chapter 15A / Section 24-15A-36
Inmate to submit parole release plan
Status: in_force

At least thirty days prior to an inmate's parole date, the inmate shall submit a parole release plan to the executive director of the board. If an award of earned discharge credit moves an inmate's initial parole date to within thirty days, the inmate shall submit the release plan upon completion of the plan. This plan will include the inmate's proposed residence, employment, or means of support, and any specialized treatment, counseling, or educational services the inmate proposes to be involved with upon parole. This plan is subject to approval by the executive director of the board. The executive director may require an inmate to modify a release plan prior to approval.

Source: SL 1996, ch 158, § 35; SL 2019, ch 120, § 2.
S.D. Codified Laws § 24-15A-25 — SD Code / Title 24 / Chapter 15A / Section 24-15A-25
Parolee release--Necessities
Status: in_force

If an inmate is released on parole, the department shall provide the parolee, if the parolee is not already provided for, with necessary clothing not to exceed a cost of one hundred dollars, with necessary traveling expenses not to exceed fifty dollars, and with transportation to the county of commitment or an equivalent distance.

Source: SL 1996, ch 158, § 24.
S.D. Codified Laws § 24-15A-2 — SD Code / Title 24 / Chapter 15A / Section 24-15A-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Board," the Board of Pardons and Paroles;

(2) "Department," the Department of Corrections;

(3) "Secretary," the secretary of the Department of Corrections.

Source: SL 1996, ch 158, § 1A.
S.D. Codified Laws § 24-11-21 — SD Code / Title 24 / Chapter 11 / Section 24-11-21
Furnishing prisoner necessaries--Receipt of medical treatment as assignment of insurance proceeds, etc.--Unrecovered payments as lien
Status: in_force

The governing body or board of county commissioners is responsible for securing bedclothing, laundry, board, nursing when required, and all necessaries for the comfort and welfare of the prisoners.

If a prisoner or any person under arrest receives medical treatment pursuant to this section for which the governing board or board of county commissioners is liable, the receipt of such medical treatment shall, as to the person receiving such treatment, operate as an assignment by operation of law of any rights to medical support, insurance proceeds, or both, that the prisoner or person under arrest may have for himself. Any rights or amounts so assigned shall be applied against the cost of medical care paid under this section. Any payments made under this section for medical care not recovered shall constitute a lien pursuant to § 28-14-1 .

Source: SDC 1939, § 13.4608; SL 1985, ch 204, § 1; SL 1988, ch 199.
S.D. Codified Laws § 24-1-1 — SD Code / Title 24 / Chapter 1 / Section 24-1-1
Correctional facilities of the state--Security level designation by secretary of corrections
Status: in_force

The South Dakota State Penitentiary, Mike Durfee State Prison, South Dakota Women's Prison, Jameson Prison, Pierre Minimum Center, Rapid City Minimum Center, Yankton Minimum Center, and Sioux Falls Minimum Center are the correctional facilities of this state for the punishment and reformation of offenders to which such offenders as may be committed, according to law, by any court of this state, shall be confined, employed, and governed in the manner provided by law.

The secretary of corrections shall designate each facility operated by the department with a security level as follows:

(1) A level I facility must have designated boundaries but need not have perimeter fencing. An inmate classified as minimum may be incarcerated in a level I facility, but generally an inmate of a higher classification may not be incarcerated in a level I facility.

(2) A level II facility must have designated boundaries with a single or double perimeter fencing. The perimeter of a level II facility must be patrolled periodically. An inmate classified as minimum restrictive or minimum may be incarcerated in a level II facility, but generally an inmate of a higher classification may not be incarcerated in a level II facility.

(3) A level III facility generally must have a wall or double perimeter fencing with razor wire and detection devices. A level III facility generally must use controlled sally ports. The perimeter of a level III facility must be continuously patrolled. An appropriately designated close classified inmate, an inmate classified as medium, or an inmate of a lower classification level may be incarcerated in a level III facility, but generally an inmate of a higher classification may not be incarcerated in a level III facility.

(4) A level IV facility generally must have a wall or double perimeter fencing with razor wire and detection devices. A level IV facility generally must use controlled sally ports. The perimeter of a level IV facility must be continuously patrolled. An inmate designated close classified or an inmate of a lower classification level may be incarcerated in a level IV facility, but generally an inmate of a higher classification may not be incarcerated in a level IV facility on a long-term basis.

(5) A level V facility is the highest security level and may incarcerate an inmate of any classification level. A level V facility must have double perimeter fencing with razor wire and detection devices, or equivalent security architecture. A level V facility must use controlled sally ports. The perimeter of a level V facility must be continuously patrolled.

Source: SDC 1939, § 13.4701; SL 2004, ch 168, § 1; SL 2023, ch 82, § 50.
S.D. Codified Laws § 24-5-2 — SD Code / Title 24 / Chapter 5 / Section 24-5-2
Restoration to citizenship on discharge--Certificate issued by secretary of corrections--Copy to clerk of court
Status: in_force

If any inmate has been discharged under the provisions of § 24-5-1 , 24-5-7 , or 24-15A-8.1 , the inmate shall, at the time of discharge, be considered as restored to the full rights of citizenship. At the time of the discharge of any inmate under the provisions of this chapter, the inmate shall receive from the secretary of corrections a certificate stating that the inmate has been restored to the full rights of a citizen. If an inmate is on parole at the time the inmate becomes eligible for discharge, the secretary of corrections shall issue a like certificate stating that the inmate has been restored to the full rights of a citizen.

The secretary of corrections shall mail a copy of the certificate to the clerk of court for the county from which the inmate was sentenced.

Source: SDC 1939, § 13.4718; SL 1939, ch 33; SL 1943, ch 47; SL 1959, ch 41, § 1; SL 1965, ch 34; SL 1978, ch 181; SL 1989, ch 20, § 110; SL 1990, ch 180, § 5; SL 2004, ch 168, § 22; SL 2011, ch 128, § 3.
S.D. Codified Laws § 24-13-10 — SD Code / Title 24 / Chapter 13 / Section 24-13-10
Duties of executive director
Status: in_force

The executive director shall:

(1) Keep minutes of all proceedings of the Board of Pardons and Paroles, keep a record of every application for a pardon, commutation, reprieve, or remission of a fine or forfeiture filed with the board and of all findings of the board and the disposition of each application;

(2) Transmit to the Governor a copy of the board's recommendation for any pardon, commutation, reprieve, or remission of a fine or forfeiture, together with related papers and exhibits;

(3) Keep a record of all paroles granted;

(4) Keep all files, accounts, and records of the board;

(5) Transmit the decisions and orders of the board to the Department of Corrections such that the department may fulfill its duties in supervising parolees;

(6) Cooperate and coordinate with any employee of the Department of Corrections designated by the secretary to supervise parolees;

(7) Supervise all administrative staff of the Board of Pardons and Parolees; and

(8) Perform such other duties as the board and the secretary may prescribe.

Source: SL 1961, ch 46, § 2; SDCL, § 23-58-6; SL 1978, ch 186, § 10; SL 1989, ch 20, § 172; SL 1992, ch 177, § 14.
S.D. Codified Laws § 24-8-4 — SD Code / Title 24 / Chapter 8 / Section 24-8-4
Agreements with other state agencies and political subdivisions for housing employed inmates
Status: in_force

The secretary of corrections may enter into agreements with other agencies of the state and the political subdivisions for the confinement and the providing of other services for those inmates whose employment or vocational training or other educational programs so require, and such agencies of the state and the political subdivisions may enter into such agreements.

Source: SL 1967, ch 32, § 2; SL 1989, ch 20, § 144; SL 2023, ch 82, § 79.
S.D. Codified Laws § 24-11-33 — SD Code / Title 24 / Chapter 11 / Section 24-11-33
Crediting work against fine imposed
Status: in_force

In addition to the compensation provided by § 24-11-32 , for each day's labor the prisoner shall be credited two dollars on any judgment for fine, and when imprisoned in default of payment of a fine, he shall be discharged whenever he has performed sufficient labor at such rate to pay the same.

Source: SDC 1939, § 13.4617.
S.D. Codified Laws § 24-13-11 — SD Code / Title 24 / Chapter 13 / Section 24-13-11
Hearings by teleconference--Electronic document transfer
Status: in_force

The Board of Pardons and Paroles may conduct hearings by teleconference during a regularly scheduled hearing. The board may receive documentary evidence via facsimile machines or other electronic means of document transfer.

Source: SL 1990, ch 183, § 2; SL 1992, ch 177, § 15; SL 1997, ch 148, § 1; SL 2001, ch 125, § 1; SL 2012, ch 137, § 4.
S.D. Codified Laws § 24-15A-53 — SD Code / Title 24 / Chapter 15A / Section 24-15A-53
Report of parolees qualifying for earned discharge credits
Status: in_force

The department shall provide semiannually to the oversight council the number and percentage of parolees who qualify for earned discharge credits and the average amount of credits a parolee earned within the year.

Source: SL 2013, ch 101, § 39.
S.D. Codified Laws § 24-15A-67 — SD Code / Title 24 / Chapter 15A / Section 24-15A-67
Conditions of compassionate parole
Status: in_force

As a condition of supervision pursuant to § 24-15A-37 , any inmate released on compassionate parole shall be compliant with medical care and maintain responsibility for health care expenses through self pay or third party payer.

Source: SL 2018, ch 154, § 15.
S.D. Codified Laws § 24-1-26.1 — SD Code / Title 24 / Chapter 1 / Section 24-1-26.1
Sexual acts prohibited between prison employees and prisoners--Felony
Status: in_force

Any person, employed by the state, or employed within any state prison or other detention facility, who knowingly engages in an act of sexual penetration, as defined in § 22-22-2 , or sexual contact, as defined in § 22-22-7.1 , with another person who is in detention and under the custodial, supervisory, or disciplinary authority of the person so engaging, is guilty of a Class 6 felony.

Source: SL 1996, ch 151, § 1; SL 2022, ch 77, § 1.
S.D. Codified Laws § 24-2-14 — SD Code / Title 24 / Chapter 2 / Section 24-2-14
Prohibited articles for inmates--Exception--Penalty
Status: in_force

Possession of the following articles by an inmate of a state correctional facility, unless directly issued by the Department of Corrections and used in accordance with the department's policies and procedures, is a felony pursuant to the following schedule:

(1) Possession of any alcoholic beverage or marijuana is a Class 6 felony;

(2) Possession of a cell phone or any other electronic communication device prohibited by Department of Corrections policy is a Class 4 felony;

(3) Possession of any prescription or nonprescription drug or controlled substance, as defined by chapter 34-20B , except by written order for a definite period from a physician, physician assistant, or certified nurse practitioner, as defined in chapters 36-4 , 36-4A , and 36-9A , is a Class 4 felony;

(4) Possession of a dangerous weapon as defined by § 22-1-2 is a Class 2 felony; and

(5) Possession of any article, not proscribed by this section, that is not provided by or authorized by the facility in any form, is a Class 6 felony.

Source: SDC 1939, § 13.4720; SL 1981, ch 193, § 8; SL 1985, ch 192, § 51; SL 1987, ch 183; SL 1989, ch 20, § 93; SL 2001, ch 127, § 2; SL 2004, ch 168, § 7; SL 2017, ch 171, § 50; SL 2023, ch 82, § 69; SL 2025, ch 103, § 1.
S.D. Codified Laws § 24-15A-41 — SD Code / Title 24 / Chapter 15A / Section 24-15A-41
Subsequent parole after hearing
Status: in_force

Any inmate not released at the time of the inmate's first parole date or any inmate whose parole has been revoked may be subsequently paroled, based on the discretion of the board after a hearing. An inmate may decline parole consideration and waive the right to a hearing.

Neither this section or its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner.

Source: SL 1996, ch 158, § 40; SL 2002, ch 124, § 4.
S.D. Codified Laws § 24-13-4.1 — SD Code / Title 24 / Chapter 13 / Section 24-13-4.1
Quorum
Status: in_force

A majority of the members shall constitute a quorum for official administrative business.

Source: SL 1992, ch 177, § 6.
S.D. Codified Laws § 24-15-11.3 — SD Code / Title 24 / Chapter 15 / Section 24-15-11.3
Promulgation of rules establishing supervision fees
Status: in_force

The Department of Corrections may promulgate rules, pursuant to chapter 1-26 , to establish supervision fee rates to be imposed pursuant to §§ 24-15-11 and 24-15A-24 .

Source: SL 1997, ch 149, § 6.
S.D. Codified Laws § 24-15-10 — SD Code / Title 24 / Chapter 15 / Section 24-15-10
Application for parole or clemency--Waiting period if denied--Period for crime of violence
Status: in_force

If an inmate's application for parole is denied, the inmate may not again present an application before the board for a period of eight months. A continuance of an application for parole is not a denial. An application for clemency may not be heard for one year after the date of the judgment. If an application for clemency is denied, an inmate may not again present an application for clemency for a period of one year. If an application for clemency is denied for an inmate convicted of a crime of violence, as defined in subdivision 22-1-2 (9), and sentenced to life imprisonment, the inmate may not again present an application for clemency for a period of four years.

Source: SL 1978, ch 186, § 25; SL 1985, ch 205, § 5; SL 2004, ch 168, § 59; SL 2024, ch 96, § 2.
S.D. Codified Laws § 24-13-15 — SD Code / Title 24 / Chapter 13 / Section 24-13-15
Maximum number of members conducting hearing or taking action
Status: in_force

The Board of Pardons and Paroles may not have more than nine members, including auxiliary members, conducting a hearing or taking action on a parole or clemency matter.

Source: SL 2015, ch 144, § 3.
S.D. Codified Laws § 24-11-20 — SD Code / Title 24 / Chapter 11 / Section 24-11-20
Failure to separate sexes as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any officer having charge of any jail to keep together in the same cell block male and female prisoners, except husband and wife.

Source: SDC 1939, §§ 13.4609, 13.4621; SL 1979, ch 150, § 36; SL 1981, ch 195, § 7.
S.D. Codified Laws § 24-11-39 — SD Code / Title 24 / Chapter 11 / Section 24-11-39
Municipality, county, or jail compact authorized to construct, lease, operate, purchase, maintain, or manage correctional facilities--Contract with private entity
Status: in_force

Any municipality, county, or jail compact established pursuant to § 24-11-4.1 , may construct, lease, operate, purchase, maintain, or manage a jail, correctional facility, detention center, work camp, or related facility, either for its own inmate or prisoner needs or for the inmate or prisoner needs of the Department of Corrections or any other municipality, county, state, or federal agency, whether within the State of South Dakota or outside the State of South Dakota. Any such facility may be operated by a private entity under contract with the compact, municipality, or county. In addition, the authority granted to counties in §§ 7-25-19 and 7-25-20 applies to this section and §§ 24-11-40 to 24-11-44 , inclusive.

Source: SL 1991, ch 207, § 1.
S.D. Codified Laws § 24-15A-15 — SD Code / Title 24 / Chapter 15A / Section 24-15A-15
Parole
Status: in_force

Parole is the conditional release of an inmate from actual state correctional facility custody before the expiration of the inmate's term of imprisonment. The prisoner remains an inmate under the legal custody of the department until the expiration of the inmate's term of imprisonment. A prisoner is not required to accept parole.

Source: SL 1996, ch 158, § 14; SL 2023, ch 82, § 91.
S.D. Codified Laws § 24-8-5 — SD Code / Title 24 / Chapter 8 / Section 24-8-5
Rules for administration of release program
Status: in_force

The Department of Corrections may promulgate rules, pursuant to chapter 1-26 , for the placement, supervision, and confinement of inmates and for the administration of the programs authorized by this chapter.

Source: SL 1967, ch 32, § 3; SL 1989, ch 20, § 145.
S.D. Codified Laws § 24-11B-5 — SD Code / Title 24 / Chapter 11B / Section 24-11B-5
Emergency involuntary feeding or hydration without panel review--Limitation
Status: in_force

In an emergency, involuntary feeding or hydration of a prisoner may be administered without panel review for up to three days if two medical representatives who are a physician, physician assistant, or certified nurse practitioner order the treatment. Involuntary feeding for a greater length of time requires the approval of the panel.

Source: SL 2005, ch 131, § 5; SL 2017, ch 171, § 50.
S.D. Codified Laws § 24-1-4 — SD Code / Title 24 / Chapter 1 / Section 24-1-4
Government of correctional facilities by Department of Corrections
Status: in_force

Each state correctional facility and its ancillary facilities is under the direction and government of the Department of Corrections.

Source: SDC 1939, § 13.4703; SL 1989, ch 20, § 69; SL 2023, ch 82, § 51.
S.D. Codified Laws § 24-11-7 — SD Code / Title 24 / Chapter 11 / Section 24-11-7
Sheriff's calendar of federal prisoners in custody--Transmission to federal district judge--Allowance and payment for keeping prisoners
Status: in_force

Before every stated term of the United States court to be held within this state, the sheriffs or officers having charge of jails shall make, under oath, a calendar of prisoners in their custody under the authority of the United States, with the date of their commitment, by whom committed, and for what offense, and transmit the same to the judge of the district court of the United States for the proper district, and at the end of every six months they shall transmit to the United States marshal of the proper district, for allowance and payment, their account, if any, against the United States, for the support and keeping of such prisoners.

Source: SDC 1939, § 13.4610.
S.D. Codified Laws § 24-15-8 — SD Code / Title 24 / Chapter 15 / Section 24-15-8
Right of eligible inmate to hearing before board--Decline of parole--Waiver of hearing--Criteria for parole
Status: in_force

When an inmate becomes eligible for consideration for parole, the inmate is entitled to a hearing with the Board of Pardons and Paroles to present the inmate's application for parole. An inmate may decline parole consideration and waive the right to a hearing. The board may issue an order to the Department of Corrections that the inmate shall be paroled if it is satisfied that:

(1) The inmate has been confined in a state correctional facility for a sufficient length of time to accomplish the inmate's rehabilitation;

(2) The inmate will be paroled under the supervision and restrictions provided by law for parolees, without danger to society; and

(3) The inmate has secured suitable employment or beneficial occupation of the inmate's time likely to continue until the end of the period of the inmate's parole in some suitable place within or without the state where the inmate will be free from criminal influences.

Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner.

Source: SDC 1939, §§ 13.5301, 13.5302; SL 1939, ch 34; SDC Supp 1960, § 13.5304; SL 1955, ch 31, § 2; SL 1957, ch 36, § 2; SL 1964, ch 33, §§ 4 to 6; SDCL §§ 23-60-11, 23-60-12, 23-60-14; SL 1978, ch 186, § 24; SL 1985, ch 205, § 4; SL 1986, ch 208; SL 1992, ch 177, § 18; SL 2002, ch 124, § 1; SL 2012, ch 137, § 5; SL 2023, ch 82, § 84.
S.D. Codified Laws § 24-15A-9 — SD Code / Title 24 / Chapter 15A / Section 24-15A-9
Designation of hearing officers--Written recommendation
Status: in_force

The chair of the board may designate individual parole board members as hearing officers who may conduct hearings pursuant to this chapter and chapters 24-13 , 24-14 , and 24-15 , take testimony, and make recommendations to the board. The recommendation shall be in writing and reviewed by the board or a panel of the board who may adopt, modify, or reject the recommendations.

Source: SL 1996, ch 158, § 8; SL 2004, ch 168, § 67; SL 2005, ch 132, § 9.
S.D. Codified Laws § 24-11-4.3 — SD Code / Title 24 / Chapter 11 / Section 24-11-4.3
Money collected for housing prisoners--Distribution to member operating facility and compact debts--Excess funds
Status: in_force

Notwithstanding § 24-11-8 , in the case of jail facilities located in a county participating in a compact pursuant to §§ 24-11-4.1 to 24-11-4.3 , inclusive, money collected for housing prisoners shall be paid to the officer designated by the agreement who shall distribute the money so received to the member operating the facility under the terms of the agreement and shall apply remaining funds to retirement of the compact's financial obligations. Excess funds, if any, shall be held by the compact and may be used by the compact to make capital improvements to existing facilities or for the creation of new facilities.

Source: SL 1986, ch 202, § 5.
S.D. Codified Laws § 24-15-3 — SD Code / Title 24 / Chapter 15 / Section 24-15-3
Establishment of date of parole consideration eligibility--Change--Hearing--Completion of history--Findings regarding inmate
Status: in_force

Whenever any person becomes an inmate of a state correctional facility, the Department of Corrections must immediately establish in the record the date when the inmate will be eligible for consideration for parole. Such consideration for a parole eligibility date is subject to change upon receipt of information regarding a change in the number of prior felony convictions or any subsequent felony convictions. Any inmate who is aggrieved by the established parole consideration eligibility date may apply for a hearing before the Board of Pardons and Paroles for a final determination of the true and correct parole consideration eligibility date. Between the date a person becomes an inmate of the state correctional facility and the date on which the person becomes eligible for consideration for parole, the department must complete the history of the inmate and must study the life, habits, previous environment, and nature of the inmate to determine the advisability of recommending the inmate for parole when the inmate becomes eligible to be considered. At least ten days before the date of eligibility the department must submit to the board the findings regarding the inmate.

Source: SDC 1939, § 13.5304 as added by SL 1955, ch 31, § 2; SL 1964, ch 33, § 6; SDCL § 23-60-4; SL 1978, ch 186, § 19; SL 1984, ch 180, § 3; SL 1986, ch 205, § 4; SL 1986, ch 206; SL 2004, ch 168, § 54; SL 2014, ch 116, § 12; SL 2023, ch 82, § 82.
S.D. Codified Laws § 24-15A-40 — SD Code / Title 24 / Chapter 15A / Section 24-15A-40
Right of review
Status: in_force

Any inmate objecting to conditions of parole supervision or a required modification of a release plan may seek a review of the plan or conditions with the board. The board may determine if the proposed conditions or release plan modifications are acceptable or the board may remove or modify proposed conditions or release plan provisions. This review may be of the inmate's record, release plan, or release conditions. A personal appearance of the inmate is not required. An inmate shall agree to parole conditions and have an acceptable release plan prior to parole release.

Source: SL 1996, ch 158, § 39.
S.D. Codified Laws § 24-15A-8.1 — SD Code / Title 24 / Chapter 15A / Section 24-15A-8.1
Partial early final discharge
Status: in_force

Upon the recommendation of the supervising agent, the board may grant a partial early final discharge for a parolee or person serving a suspended sentence under supervision of the board if the board is satisfied that a partial early final discharge would be in the best interests of society and the inmate. A partial early final discharge is a reduction of the sentence term in an amount less than the amount to discharge the inmate from supervision. A partial early final discharge shall impact the inmate's sentence discharge date pursuant to §§ 24-15A-6 and 24-5-1 . There is no entitlement to a partial early final discharge. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any inmate.

Source: SL 2011, ch 128, § 1.
S.D. Codified Laws § 24-7-4 — SD Code / Title 24 / Chapter 7 / Section 24-7-4
General supervision by secretary of corrections
Status: in_force

The prison industries shall be controlled, operated, maintained, and improved and buildings for its use erected and remodeled under the supervision of the secretary of corrections.

Source: SL 1947, ch 265, § 2; SL 1955, ch 30; SDC Supp 1960, § 13.47A02; SL 1989, ch 20, § 125.
S.D. Codified Laws § 24-14-7 — SD Code / Title 24 / Chapter 14 / Section 24-14-7
Recommendation for clemency to be in writing--Record of findings and reasons
Status: in_force

Whenever the Board of Pardons and Paroles recommends clemency to the Governor, the recommendation shall be in writing. The board shall keep a record of its findings and the reasons for its recommendation.

Source: SL 1961, ch 46, § 6; SDCL, § 23-59-8; SL 1978, ch 186, § 39.
S.D. Codified Laws § 24-2-9 — SD Code / Title 24 / Chapter 2 / Section 24-2-9
Disciplinary sanctions authorized--Corporal punishment prohibited
Status: in_force

Any inmate violating the rules or institutional policies is subject to any one or more of the following disciplinary sanctions:

(1) Withholding of statutory time for good conduct;

(2) Punitive confinement;

(3) Imposition of fines;

(4) Restriction of privileges;

(5) Loss of work or school privileges;

(6) Additional labor without compensation;

(7) Referral to various programs;

(8) Transfer to a more secure housing unit;

(9) Change in classification status.

No corporal punishment may be inflicted upon any inmate in a state correctional facility.

Source: SDC 1939, § 13.4715; SL 1981, ch 193, § 5; SL 1989, ch 20, § 88; SL 1990, ch 179, § 1; SL 1994, ch 187, § 2; SL 2004, ch 168, § 4; SL 2023, ch 82, § 66.
S.D. Codified Laws § 24-11-28 — SD Code / Title 24 / Chapter 11 / Section 24-11-28
Work required of certain prisoners--Determination by sentencing court whether prisoner should work--Particular work permissible
Status: in_force

Every able - bodied prisoner over eighteen and not more than fifty years of age confined in any jail under the judgment of any court authorized to imprison upon conviction for the violation of any law of this state, an ordinance or bylaw of any municipality, or civil township, or any rule or regulation of any board, commission, or public officer having the effect of law, may be required to labor during the whole or some part of each day of his sentence, but not more than eight hours in any one day. Such court, when passing judgment of imprisonment, shall determine and specify whether such confinement shall be at hard labor or not. Such labor may be in the jail or jailyard, upon public roads or streets, public buildings, public grounds, or elsewhere in the county.

Source: SDC 1939, § 13.4615; SL 1979, ch 149, § 12; SL 1987, ch 29, § 81; SL 1992, ch 60, § 2.
S.D. Codified Laws § 24-15-1.2 — SD Code / Title 24 / Chapter 15 / Section 24-15-1.2
Prior felonies--Determination and effect on parole eligibility
Status: in_force

The determination of whether a prior offense is a felony for the purposes of this chapter shall be determined by whether it is a felony under the laws of this state, any other state, or the United States at the time of conviction of the offense. Any felony conviction in this state, any other state, or the United States shall be considered to determine parole eligibility under §§ 24-15-4 and 24-15-5 .

Source: SL 1986, ch 204.
S.D. Codified Laws § 24-1-6 — SD Code / Title 24 / Chapter 1 / Section 24-1-6
Appointment and removal of wardens
Status: in_force

The secretary of corrections shall appoint a warden for each correctional facility under the direction and government of the department. The secretary may remove a warden at the secretary's discretion.

Source: SDC 1939, § 13.4704; SL 1945, ch 45; SL 1951, ch 39; SL 1953, ch 37; SL 1961, ch 43; SL 1979, ch 161, § 2; SL 1989, ch 20, § 71; SL 2023, ch 82, § 52.
S.D. Codified Laws § 24-4-7 — SD Code / Title 24 / Chapter 4 / Section 24-4-7
Inmate employment on any state work--Provisions for control
Status: in_force

Inmate labor may be used on any work in which the State of South Dakota or any of its political subdivisions are engaged or has an interest, or by executive order pursuant to § 34-48A-5 , at any place within the state. The secretary and the warden shall make such provision for the custody, control, and maintenance of inmates engaged in such work as may be necessary or advisable.

Source: SDC 1939, § 13.4722; SL 1989, ch 20, § 107.
S.D. Codified Laws § 24-15-23.2 — SD Code / Title 24 / Chapter 15 / Section 24-15-23.2
Failure to provide preliminary hearing prior to return to facility--Hearing required after return
Status: in_force

If a preliminary hearing under § 24-15-23 is required and a parolee fails to receive a preliminary hearing prior to the parolee's return to a Department of Corrections facility, the parolee shall receive a preliminary hearing within ten working days of the parolee's return to a Department of Corrections facility.

Source: SL 2004, ch 170, § 3.
S.D. Codified Laws § 24-15A-6 — SD Code / Title 24 / Chapter 15A / Section 24-15A-6
Sentence discharge dates--Jurisdiction over inmate
Status: in_force

The department must establish the sentence discharge date for each inmate based on the total sentence length, minus court ordered jail time credit. The total sentence length is the sum of imprisonment time and any suspended time. In the case of an entirely suspended state incarceration sentence under the supervision of the Department of Corrections and the Board of Pardons and Paroles pursuant to §§ 22-6-11 , 23A-27-18.4 , and 23A-27-19 , the total sentence length is the term of imprisonment that has been suspended. Each inmate is under the jurisdiction of the department, either incarcerated or under parole release or a combination, for the entire term of the inmate's total sentence length unless the board grants an early final discharge pursuant to § 24-15A-8 , a partial early final discharge pursuant to § 24-15A-8 .1, the court modifies the sentence, the inmate receives earned discharge credits pursuant to § 24-15A-50 or 24-15A-50 .1, the inmate receives a compliant discharge pursuant to § 16-22-29 , or the sentence is commuted.

Source: SL 1996, ch 158, § 5; SL 2011, ch 128, § 2; SL 2017, ch 92, § 4; SL 2018, ch 150, § 1; SL 2018, ch 153, § 2; SL 2023, ch 82, § 90.
S.D. Codified Laws § 24-15A-58 — SD Code / Title 24 / Chapter 15A / Section 24-15A-58
Release plan to ensure health care expenses will be paid by inmate or third party payer
Status: in_force

An inmate may not be released on compassionate parole if the inmate meets the eligibility requirements of a medically indigent person under the provisions of chapter 28-13 . An inmate may not be released on compassionate parole, unless the inmate's release plan ensures the inmate's health care expenses will be paid either by the inmate or a third party payer including Medicare, Medicaid, Indian Health Service, veteran's assistance, or private insurance.

Source: SL 2018, ch 154, § 4.
S.D. Codified Laws § 24-11B-8 — SD Code / Title 24 / Chapter 11B / Section 24-11B-8
Liability for involuntary feeding or hydration of prisoner
Status: in_force

No person who serves on the hearing panel, who is the attending physician, who is the supervisor of the jail or prison warden, or who orders or participates in the involuntarily feeding or hydrating of a prisoner may be held civilly or criminally liable for the involuntarily feeding or hydrating of a prisoner pursuant to this chapter if the person performs these duties in good faith and in a reasonable manner according to generally accepted medical or other professional practices.

Source: SL 2005, ch 131, § 8.
S.D. Codified Laws § 24-15-23 — SD Code / Title 24 / Chapter 15 / Section 24-15-23
Preliminary hearing on parole violation--Waiver of preliminary hearing--Detention for board hearing--Waiver of appearance at revocation hearing
Status: in_force

Subject to the provisions of §§ 24-15-23.1 and 24-15-23.2 , within ten working days of the arrest of the parolee, a preliminary hearing must be held. The preliminary hearing must be held before an independent hearing officer to determine if there is probable cause to believe that the parolee has violated the terms and conditions of the parolee's parole status. The parolee has the right to waive this preliminary hearing at any time after the order for arrest has been issued by the executive director of the Board of Pardons and Paroles. If probable cause is found to exist, the parolee is to be returned to the state correctional facility, there to be held, for a hearing to be held before the Board of Pardons and Paroles to determine whether the parole should be revoked. If the parolee wishes to admit to an alleged violation of conditions of parole, the parolee may waive an appearance at the revocation hearing with the board.

Source: SL 1978, ch 186, § 31; SL 2002, ch 124, § 2; SL 2004, ch 170, § 1; SL 2012, ch 137, § 6; SL 2023, ch 82, § 88.
S.D. Codified Laws § 24-15A-60 — SD Code / Title 24 / Chapter 15A / Section 24-15A-60
Inmate who reaches parole eligibility date or initial parole date not eligible for compassionate parole
Status: in_force

An inmate is ineligible for compassionate parole once the inmate reaches the parole eligibility date pursuant to § 24-15-5 or the inmate's initial parole date pursuant to § 24-15A-32 . However, if an inmate previously referred by the secretary for compassionate parole continues to meet the criteria for compassionate parole consideration as outlined in § 24-15A-55 the factors listed in § 24-15A-57 shall be considered in any subsequent discretionary parole release decision.

Source: SL 2018, ch 154, § 6.
S.D. Codified Laws § 24-7-7 — SD Code / Title 24 / Chapter 7 / Section 24-7-7
Prison industries revolving fund moneys available
Status: in_force

The prison industries revolving fund shall be available for the operation of the various prison industries.

Source: SL 1947, ch 265, § 3; SDC Supp 1960, § 13.47A03; SL 1989, ch 20, § 128.
S.D. Codified Laws § 24-11-3 — SD Code / Title 24 / Chapter 11 / Section 24-11-3
Counties without jails or juvenile detention facilities--Overcrowded or unsafe jails and facilities--Confinement in adjoining political subdivision--Expenses
Status: in_force

If there is no jail or juvenile detention facility in the county, or if the jail or juvenile detention facility in the county is crowded, unsafe, or otherwise insufficient to conform to the requirements of this chapter, every judicial or executive officer of the county who has the power to order, sentence, or deliver any person to the county jail or juvenile detention facility may order, sentence, or deliver such person to the jail or juvenile detention facility of any near or adjoining state, Indian reservation, county, organized township, or municipality, pursuant to a written agreement to house such prisoner. The written agreement shall contain provisions addressing liability issues and facility standards and shall also contain appropriate provisions assuring that the agency housing the prisoner shall release the prisoner to the county from which the prisoner was committed within two days of receiving a request from the committing county. Any written agreement with a federally recognized Indian tribe shall receive approval from the Bureau of Indian Affairs prior to the delivery of any prisoner. The county from which the prisoner was committed shall pay to the agency housing the prisoner all expenses of keeping and maintaining the prisoner in the jail or juvenile detention facility, including the cost of building depreciation, administration, and a reasonable charge for obsolescence of the facility and all other tangible and intangible costs.

Source: SDC 1939, § 13.4602; SL 1963, ch 57; SL 1986, ch 202, § 3; SL 1993, ch 188, § 2; SL 2001, ch 124, § 1; SL 2003, ch 139, § 1.
S.D. Codified Laws § 24-2-20.1 — SD Code / Title 24 / Chapter 2 / Section 24-2-20.1
Governmental entities defined
Status: in_force

As used in § 24-2-20 , the term, governmental entities, means any department, division, or other public agency of any municipal, county, state, or national government.

Source: SL 2001, ch 118, § 5; SL 2004, ch 168, § 12.
S.D. Codified Laws § 24-15A-11 — SD Code / Title 24 / Chapter 15A / Section 24-15A-11
Parole and clemency--Concurrence by panel or board
Status: in_force

No person seen by a panel may be paroled or denied parole, recommended for clemency, nor may a person's parole be revoked or rescinded without the concurrence of two board members. No person seen by the full board may be paroled or denied parole or recommended for clemency without the concurrence of the majority of the full board.

Source: SL 1996, ch 158, § 10; SL 2005, ch 132, § 11; SL 2019, ch 118, § 3; SL 2021, ch 113, § 1.
S.D. Codified Laws § 24-11-21.1 — SD Code / Title 24 / Chapter 11 / Section 24-11-21.1
Medical provider to submit claim for services to insurer before submitting claim to county
Status: in_force

If an inmate of a county jail requires medical, dental, optometric, chiropractic, or psychiatric care, the medical provider shall submit the claim for costs of the services to any available insurer, prior to submitting the claim to the county. If the claim is denied, or no insurer is available, the medical provider may submit the claim to the county for payment with any applicable proof of denial. If the county pays the claim, it is entitled to seek payment pursuant to § 24-11-21 .

Source: SL 2015, ch 143, § 1.
S.D. Codified Laws § 24-15A-1 — SD Code / Title 24 / Chapter 15A / Section 24-15A-1
Application of chapter
Status: in_force

The provisions of this chapter do not apply to persons sentenced to prison for crimes committed prior to July 1, 1996, except the provisions in §§ 24-15A-18 and 24-15A-19 involving multiple sentences occurring both prior and subsequent to the enactment of this chapter and the provisions of §§ 24-15A-8.1 , 24-15A-9 , 24-15A-10 , 24-15A-11 , 24-15A-11.1 , 24-15A-31 , 24-15A-37 , 24-15A-40 , 24-15A-41.1 , 24-15A-45 , 24-15A-48 , 24-15A-50 , 24-15A-51 , 24-15A-52 , and 24-15A-54 .

Source: SL 1996, ch 158, § 1; SL 2004, ch 171, § 2; SL 2005, ch 132, § 8; SL 2011, ch 128, § 4; SL 2012, ch 137, § 9; SL 2013, ch 101, § 41.
S.D. Codified Laws § 24-5-6 — SD Code / Title 24 / Chapter 5 / Section 24-5-6
Closing of inmate's institutional account with negative balance
Status: in_force

If any inmate of a state correctional facility dies or is discharged from a state correctional facility with a negative balance in the inmate's institutional account, a state correctional facility official may close out that account.

Source: SL 1987, ch 184, § 2; SL 2004, ch 169, § 2; SL 2023, ch 82, § 76.
S.D. Codified Laws § 24-15A-29.1 — SD Code / Title 24 / Chapter 15A / Section 24-15A-29.1
Parole date on revocation prior to release
Status: in_force

If a suspended sentence is revoked and imposed prior to the initial parole date, a new initial parole date subject to § 24-15A-38 shall be calculated on the newly imposed incarceration term.

Source: SL 2021, ch 114, § 2.
S.D. Codified Laws § 24-11-51 — SD Code / Title 24 / Chapter 11 / Section 24-11-51
Periodic review of involuntary treatment
Status: in_force

If the involuntary treatment of a prisoner with psychotropic medication is to exceed thirty days, a physician who is not the attending physician shall review the inmate's medical record at least every thirty days and make a written determination whether involuntary treatment with psychotropic medication may be continued.

Source: SL 2013, ch 115, § 3.
S.D. Codified Laws § 24-11-4.2 — SD Code / Title 24 / Chapter 11 / Section 24-11-4.2
Annual prisoner rate for members--Additional compensation to sheriff--Daily prisoner rate for nonmembers
Status: in_force

The compact agreement shall provide for annual minimum fees for providing facilities for specified numbers of prisoners by each member. The compact agreement may further provide for additional compensation payable to the sheriff of the county in which the facility is located, provided that the sheriff is the person in charge of the facility, equal to ten percent of the authorized salary in § 7-12-15 . This amount shall be paid to the sheriff in addition to the amount set forth in § 7-12-15 . In addition, the agreement shall provide a daily prisoner rate for nonmembers which may not exceed five times the daily rate charged to members.

Source: SL 1986, ch 202, § 2.
S.D. Codified Laws § 24-15A-26 — SD Code / Title 24 / Chapter 15A / Section 24-15A-26
Parolee release to other state--Supervision
Status: in_force

The board and the department may permit a parolee to leave this state and go to any other state, if satisfied that suitable employment or beneficial occupation of the parolee's time has been secured in the other state where the parolee will be free from criminal influences, and that a parole agency or department of the other state will undertake supervision of the parolee within the other state in conformity with the laws of South Dakota relating to parolees, in the same manner and to the same extent as if the parolee had not been permitted to leave the state.

Source: SL 1996, ch 158, § 25.
S.D. Codified Laws § 24-14-5 — SD Code / Title 24 / Chapter 14 / Section 24-14-5
Submission to board of applications for clemency--Governor not bound by board recommendations
Status: in_force

The Governor may submit an application for clemency to the Board of Pardons and Paroles for its recommendation. The Governor may, by executive order, delegate to the board the authority to consider applications for clemency and make recommendations to the Governor. The Governor is not bound to follow any recommendation returned by the board.

Source: SL 1978, ch 186, § 35; SL 2004, ch 168, § 50.
S.D. Codified Laws § 24-11-49 — SD Code / Title 24 / Chapter 11 / Section 24-11-49
Involuntary treatment of prisoners with psychotropic medication
Status: in_force

A prisoner may be involuntarily treated with psychotropic medication if it is determined, pursuant to the provisions of this chapter, that the prisoner suffers from a severe mental illness as defined in § 27A-1-1 , which is likely to improve with treatment, and that without treatment the inmate poses a likelihood of serious harm to self or others.

Source: SL 2013, ch 115, § 1.
S.D. Codified Laws § 24-11-44 — SD Code / Title 24 / Chapter 11 / Section 24-11-44
Sections24-11-39to24-11-43liberally construed
Status: in_force

Sections 24-11-39 to 24-11-43 , inclusive, shall be liberally construed for the public purpose of providing additional jails, correctional facilities, detention centers, work camps, or related facilities and for authorizing contracts with private parties in connection therewith.

Source: SL 1991, ch 207, § 6.
S.D. Codified Laws § 24-2-20 — SD Code / Title 24 / Chapter 2 / Section 24-2-20
Records and information furnished court, secretary, board, or Governor--Information that may be released for certain other purposes
Status: in_force

Notwithstanding the provisions of § 24-1-26 , when requested, regarding the fitness of any inmate, sentenced as an adult, for a modification of sentence, parole, pardon, or early release, the warden shall furnish only to the sentencing court, the secretary of corrections, the Board of Pardons and Parole, or the Governor, respectively, any requested record, fact, or opinion in the warden's possession or knowledge. The Department of Corrections may release the following information on any inmate or parolee sentenced as an adult for purposes of community and victim notification pursuant to subdivisions 23A-28C-1(10) and (12) and § 23A-28C-5 , and to other governmental entities as defined in § 24-2-20.1 :

(1) Name and any known aliases;

(2) Date of birth or age;

(3) Race and gender;

(4) Location of incarceration;

(5) Community of residence;

(6) Custody status and conditions of supervision;

(7) Any Department of Corrections sentence identification number;

(8) Any crime of conviction;

(9) Number of felony convictions;

(10) Sentence, time suspended, jail time credit, and revoked good-time credits;

(11) Offense, sentence, admission, release, and parole eligibility dates;

(12) Dates of pending hearings and final determinations of parole, suspended sentence, pardon, and commutation hearings;

(13) Status as an inmate, parolee, or person who has completed a prison term;

(14) County of conviction;

(15) Plea;

(16) Citizenship status;

(17) Birth town, state, and country; and

(18) Identification photograph and physical description.

Source: SDC 1939, § 13.4714; SL 1983, ch 199, § 6; SL 1989, ch 20, § 98; SL 2001, ch 118, § 4; SL 2004, ch 168, § 11; SL 2011, ch 126, § 1.
S.D. Codified Laws § 24-15A-64 — SD Code / Title 24 / Chapter 15A / Section 24-15A-64
Promulgation of rules regarding compassionate parole
Status: in_force

Pursuant to chapter 1-26 , the board may promulgate procedural rules for the effective enforcement of §§ 24-15A-55 to 24-15A-68 , inclusive, and for the exercise of the powers and duties conferred upon it.

Source: SL 2018, ch 154, § 10.
S.D. Codified Laws § 24-15A-50.1 — SD Code / Title 24 / Chapter 15A / Section 24-15A-50.1
Additional earned discharge credits
Status: in_force

The department may grant an inmate up to ninety days of earned discharge credits for each program completion; up to ninety days of earned discharge credits upon completion of three hundred sixty hours of satisfactory work not to exceed one hundred eighty days of earned discharge credit for work in a twelve-month period; and up to three hundred sixty-five days of earned discharge credits for heroic acts in life threatening situations, through significant efforts in disaster response or by providing exceptional assistance in maintaining the safety and security of a prison. Each program shall fit the definition of evidence based practices as defined in § 16-22-1 , or consist of an academic or vocational program. Earned discharge credits under this section may be granted if in the judgement of the warden and the secretary of corrections, the inmate has met the criteria set forth in this section. Nothing in this section may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any inmate. Any earned discharge credit under this section shall be applied to the sentence prior to the calculation of the initial parole date.

Source: SL 2018, ch 153, § 1.
S.D. Codified Laws § 24-1-26 — SD Code / Title 24 / Chapter 1 / Section 24-1-26
Department of Corrections employees prohibited from involvement in procuring clemencies
Status: in_force

No person employed by the Department of Corrections may engage in procuring clemency for any inmate confined therein, except as provided for in § 24-2-20 .

Source: SDC 1939, § 13.4709; SL 1989, ch 20, § 77; SL 2023, ch 82, § 59.
S.D. Codified Laws § 24-2-12.1 — SD Code / Title 24 / Chapter 2 / Section 24-2-12.1
Earning back forfeited good conduct time
Status: in_force

Any inmate having forfeited time granted for good conduct pursuant to § 24-2-12 may earn such forfeited time back by petitioning the classification board, established by the rules promulgated by the Department of Corrections, for restoration of good conduct time if the inmate has remained free of disciplinary sanctions for three full calendar months succeeding the termination of the imposed disciplinary sanction. The Department of Corrections may promulgate rules, pursuant to chapter 1-26 , regarding the restoration of forfeited good conduct time. This section does not apply to the forfeiture of time granted for good conduct pursuant to § 24-2-18 .

Source: SL 1981, ch 193, § 7; SL 1987, ch 29, § 79; SL 1989, ch 20, § 91; SL 1990, ch 179, § 3.
S.D. Codified Laws § 24-15A-13 — SD Code / Title 24 / Chapter 15A / Section 24-15A-13
Duties of executive director of board
Status: in_force

The executive director of the board shall:

(1) Keep minutes of all proceedings of the board, keep a record of every application for a pardon, commutation, reprieve, or remission of a fine or forfeiture filed with the board and of all findings of the board and the disposition of each application;

(2) Transmit to the Governor a copy of the board's recommendation for any pardon, commutation, reprieve, or remission of a fine or forfeiture, together with related papers and exhibits;

(3) Keep a record of all parole hearings and the results of these hearings;

(4) Keep all files, accounts, and records of the board;

(5) Transmit the decisions and orders of the board to the department such that the department may fulfill its duties in supervising parolees;

(6) Cooperate and coordinate with any employee of the department designated by the secretary to supervise parolees;

(7) Supervise all administrative staff of the board; and

(8) Perform such other duties as the board and the secretary may prescribe.

Source: SL 1996, ch 158, § 12.
S.D. Codified Laws § 24-15A-48 — SD Code / Title 24 / Chapter 15A / Section 24-15A-48
Response to violation of supervision conditions
Status: in_force

The department shall respond to each known violation of supervision conditions established pursuant to §§ 24-15A-37 , 24-15-11 , and 24-15A-24 . The response to a violation shall reflect the parolee's supervision level, the severity of the violation, and consideration of previous violations. The response to a violation and the sanctioning options shall be standardized and reflect graduated responses and sanctions including informal and formal responses to violations.

Formal response to a violation shall be documented and may include the following:

(1) Written reprimand by the agent, agent supervisor, or executive director of the board;

(2) Referral to community based programming;

(3) Additional substance use testing or monitoring, or both;

(4) Community service work without pay;

(5) Placement in custody through house arrest or jailing;

(6) Required participation in an alcohol or drug accountability program; and

(7) Submission of a violation report to the board for the return of the parolee to prison and the revocation of the parolee's supervision.

Source: SL 2013, ch 101, § 32.
S.D. Codified Laws § 24-15A-54 — SD Code / Title 24 / Chapter 15A / Section 24-15A-54
Transfer to administrative financial accountability system
Status: in_force

Each inmate discharging pursuant to § 24-15A-7 or 24-5-2 who owes court-ordered financial obligations on the sentence or sentences discharging shall be transferred by the department to the administrative financial accountability system pursuant to § 23A-47-2 .

Source: SL 2013, ch 101, § 40.
S.D. Codified Laws § 24-2-27.1 — SD Code / Title 24 / Chapter 2 / Section 24-2-27.1
Halfway house defined
Status: in_force

The term, halfway house, means a residential facility that provides services and supervision of inmates for the purpose of reintegrating inmates into the community. Each halfway house shall be operated by a unit of local government, the Department of Corrections, or any private individual, partnership, corporation, or association. A halfway house may provide:

(1) Monitoring of the activities of inmates;

(2) Oversight of victim restitution and community service by inmates;

(3) Day reporting programs; and

(4) Programs and services to aid inmates in obtaining and holding regular employment, enrolling in and maintaining academic courses, participating in vocational training programs, utilizing the resources of the community, meeting the personal and family needs of inmates, obtaining appropriate treatment for inmates, and participating in whatever specialized programs exist within the community and other services and programs as may be appropriate to aid in inmate rehabilitation and public safety.

Source: SL 2016, ch 139, § 1.
S.D. Codified Laws § 24-11-48 — SD Code / Title 24 / Chapter 11 / Section 24-11-48
Delivery of prohibited items to inmate as misdemeanor or felony
Status: in_force

No employee or other person may deliver or procure to be delivered, or have in such person's possession with intent to deliver, to any person incarcerated in a jail or a juvenile detention facility, or deposit or conceal in or around any jail or in or around a juvenile detention facility, or in any mode of transport entering the grounds of any jail or juvenile detention facility and its ancillary facilities used to house inmates or juveniles, any article or thing prohibited pursuant to § 24-11-47 or 24-11-47.1 with intent that any inmate obtain or receive the same. A violation of this section carries the same penalty as the possession of the same item as defined in § 24-11-47 or 24-11-47.1 .

Source: SL 1995, ch 121, § 2; SL 2001, ch 127, § 1; SL 2006, ch 130, § 8; SL 2014, ch 119, § 3.
S.D. Codified Laws § 24-11-37 — SD Code / Title 24 / Chapter 11 / Section 24-11-37
Communication with working prisoner as petty offense
Status: in_force

Any person who insults, annoys, or communicates with prisoners engaged in any labor, after being commanded by any officer in charge of such prisoners to desist, commits a petty offense.

Source: SDC 1939, § 13.4623; SL 1979, ch 150, § 38.
S.D. Codified Laws § 24-14-4 — SD Code / Title 24 / Chapter 14 / Section 24-14-4
Publication of notice of application for clemency
Status: in_force

Any applicant shall, upon notice of hearing from the board for clemency consideration, publish once each week for three consecutive weeks in one of the official newspapers designated by the county where the offense was committed, the name of the person on whose behalf the application is made, the public offense for which the person was convicted, the time of the person's conviction, and the term of imprisonment. The last publication shall be published at least twenty days before the hearing. The affidavit of the publisher of the paper showing that notice has been published shall accompany the application. This notice requirement does not apply to an applicant requesting an exceptional pardon.

Source: SDC 1939, § 13.5105; SL 1964, ch 33, § 2; SDCL, § 23-59-6; SL 1978, ch 186, § 37; SL 1988, ch 200, § 2; SL 2003, ch 140, § 2; SL 2005, ch 132, § 6.
S.D. Codified Laws § 24-15-1 — SD Code / Title 24 / Chapter 15 / Section 24-15-1
Files and case histories of inmates--Purposes--Access to file
Status: in_force

If a defendant is sentenced to a state correctional facility, the Department of Corrections shall develop a file which shall contain a complete history of that person. The executive director of the Board of Pardons and Paroles shall generate an adequate case history of each inmate of a state correctional facility to enable the executive director to make recommendations to the Board of Pardons and Paroles. The case history shall include results of risk and needs assessments of the inmate conducted by the department and other agencies as available and copies of documents relevant to supervision, treatment, and violation decisions in the inmate's prior prison, probation and parole custodies. The case history shall be transferred and kept as a permanent record of the Department of Corrections, solely for the proper supervision of the inmate by the Department of Corrections and as a guide to the inmate's needs. Except for the information authorized for release pursuant to § 24-2-20 , no person other than members of the Board of Pardons and Paroles, its executive director, the secretary of corrections, or any person specifically delegated for such access by the secretary of corrections, may inspect such file unless otherwise ordered by a circuit court or subpoena after notice to the secretary of corrections and an opportunity for a hearing on any objections to inspection. The secretary shall have ten days after receipt of the notice to inform the court if the secretary requests a hearing.

Source: SDC 1939, § 13.5304 as added by SL 1955, ch 31, § 2; SL 1964, ch 33, § 6; SDCL §§ 23-57-11, 23-60-1, 23-60-2; SL 1977, ch 198, § 11; SL 1978, ch 186, § 16; SL 1987, ch 13, § 2; SL 1989, ch 20, § 173; SL 1991, ch 209, § 1; SL 1992, ch 177, § 16; SL 2001, ch 118, § 2; SL 2004, ch 168, § 51; SL 2011, ch 127, § 1; SL 2013, ch 101, § 30; SL 2023, ch 82, § 80.
S.D. Codified Laws § 24-11-32.1 — SD Code / Title 24 / Chapter 11 / Section 24-11-32.1
Charge against work release pay for maintenance cost--Waiver by commissioners
Status: in_force

The board of county commissioners may require by resolution that a sum not to exceed the average daily prisoner cost may be charged to work release inmates of county jails as restitution to be applied toward prisoner maintenance cost, including but not limited to, room and board. In instances of undue hardship, the commissioners may reduce or waive the charges.

Source: SL 1978, ch 184; SL 1981, ch 195, § 9.
S.D. Codified Laws § 24-15-11.1 — SD Code / Title 24 / Chapter 15 / Section 24-15-11.1
Substituting community service for supervision fees
Status: in_force

The Board of Pardons and Paroles and the Department of Corrections may allow inmates required to pay supervision fees pursuant to § 24-15-11 or 24-15A-24 to substitute community service work hours for supervision fees.

Source: SL 1997, ch 149, § 3.
S.D. Codified Laws § 24-15-21 — SD Code / Title 24 / Chapter 15 / Section 24-15-21
Warrant to arrest parolee or inmate--Suspension of parole supervision time--Time credited
Status: in_force

If the chair of the Board of Pardons and Parole is satisfied that any provision of § 24-15-20 or 24-15A-27 has been violated or an inmate under parole supervision in the community has escaped, the executive director of the Board of Pardons and Parole may issue a warrant approved by the chair or a designee of the Board of Pardons and Parole to the Department of Corrections, a law enforcement officer, or parole agent directing that the parolee or inmate named be arrested. Pursuant to the provisions of § 24-15-23 , the parolee may be returned to the state correctional facility. Upon the issuance of the warrant, the running of the parole supervision time shall be suspended until the board has entered a final order on the revocation. The board shall credit the inmate with time spent in custody as a direct result of the parole violation.

Source: SDC 1939, §§ 13.5306, 13.5307; SL 1955, ch 31, §§ 4, 5; SL 1964, ch 33, §§ 7, 8; SDCL §§ 23-60-22, 23-60-23; SL 1978, ch 186, § 31; SL 1986, ch 209; SL 1987, ch 13, § 7; SL 1992, ch 177, § 25; SL 2018, ch 151, § 2; SL 2023, ch 82, § 86.
S.D. Codified Laws § 24-15-5 — SD Code / Title 24 / Chapter 15 / Section 24-15-5
Time of eligibility for parole
Status: in_force

An inmate is eligible for parole, subject to § 24-15-4 , after deducting from the inmate's sentence the statutory time granted for good conduct pursuant to § 24-5-1 :

(1) If convicted of a felony for the first time, when the inmate has served one - fourth of the time remaining;

(2) If convicted of a felony for the second time, when the inmate has served three - eighths of the time remaining; or

(3) If convicted of a felony three or more times, when the inmate has served one - half of the time remaining.

Source: SDC 1939, § 13.5301; SL 1939, ch 34; SL 1964, ch 33, § 4; SDCL, §§ 23-60-6 to 23-60-9; SL 1975, ch 174, § 1; SL 1978, ch 186, § 20; SL 1988, ch 196, § 2; SL 2004, ch 168, § 56.
S.D. Codified Laws § 24-11-42 — SD Code / Title 24 / Chapter 11 / Section 24-11-42
Requirements of contract for correctional facility
Status: in_force

A contract made under § 24-11-41 shall:

(1) Require the private entity to operate the facility in compliance with minimum standards, to the extent such standards may be applicable, adopted by the Department of Corrections or any other applicable state agency having jurisdiction with respect thereto and, to the extent otherwise required, receive and retain a certification of compliance from such agency;

(2) Provide for regular, on-site monitoring by the sheriff or other designated law enforcement official;

(3) If the contract includes construction, require a performance bond approved by the governing body that is adequate and appropriate for the proposed construction contract;

(4) Provide for assumption of liability by the private entity for all claims arising from the services performed under the contract by the private entity;

(5) Provide for an adequate plan of insurance for the private entity and its officers, guards, employees, and agents against all claims, including claims based on violations of civil rights, arising from the services performed under the contract by the private entity;

(6) Provide for a plan for the purchase and assumption of operations by the compact, municipality, or county in the event of the bankruptcy of the private entity;

(7) If the contract involves conversion of an existing correctional facility to provide private entity operation, require the private entity to give preferential consideration in hiring to employees at the existing facility who meet or exceed the private entity's qualifications and standards for employment in available positions;

(8) Require the private entity to provide health care benefits comparable to that of the compact, municipality, or county;

(9) Provide for an adequate plan of insurance to protect the compact, municipality, or county against all claims arising from the services performed under the contract by the private entity and to protect the compact, municipality, or county from actions by a third party against the private entity, its officers, guards, employees, and agents as a result of the contract; and

(10) Contain comprehensive standards for conditions of confinement and annual review of the programs for compliance.

Source: SL 1991, ch 207, § 4.
S.D. Codified Laws § 24-15A-42 — SD Code / Title 24 / Chapter 15A / Section 24-15A-42
Procedural rules--Parole release standards
Status: in_force

Pursuant to chapter 1-26 , the board may promulgate procedural rules for the effective enforcement of this chapter and for the exercise of the powers and duties conferred upon it. Additionally, the board shall utilize the following standards in determining if the inmate has substantively met the requirements for parole release at the initial parole date:

(1) The inmate's compliance with work, school, and program directives;

(2) The inmate's compliance with the rules and policies of the department;

(3) Conduct by the inmate evincing an intent to reoffend; and

(4) Mitigating factors impacting the warden's determination of substantive noncompliance.

The board may also use standards in subdivisions (1) to (3), inclusive, of this section in discretionary parole decisions. In addition, in considering a discretionary parole for an inmate who previously violated parole, the board may consider the nature and seriousness of the conduct leading to the parole revocation.

Source: SL 1996, ch 158, § 41.
S.D. Codified Laws § 24-11-52 — SD Code / Title 24 / Chapter 11 / Section 24-11-52
Emergency involuntary treatment
Status: in_force

In an emergency, involuntary treatment of a prisoner with psychotropic medication may be administered without panel review for up to a maximum of ten days if the treatment is ordered by two physicians.

Source: SL 2013, ch 115, § 4.
S.D. Codified Laws § 24-1-12 — SD Code / Title 24 / Chapter 1 / Section 24-1-12
Service of process within correctional facility--Officers exempt from jury duty
Status: in_force

All process served within the precincts of a state correctional facility, either upon an inmate or upon a person or officer employed within the precincts thereof, except upon the warden, must be served and returned by the warden, personally or by a designee. All officers and employees of a state correctional facility are exempt from serving upon juries in any state court.

Source: SDC 1939, § 13.4702; SL 1980, ch 184; SL 2004, ch 168, § 2; SL 2023, ch 82, § 55.
S.D. Codified Laws § 24-14-2 — SD Code / Title 24 / Chapter 14 / Section 24-14-2
Forms of clemency
Status: in_force

The term, clemency, means either a pardon, commutation, reprieve, or remission of a fine or forfeiture.

Source: SL 1978, ch 186, § 34; SL 2004, ch 168, § 48.
S.D. Codified Laws § 24-15A-28 — SD Code / Title 24 / Chapter 15A / Section 24-15A-28
Revocation or modification of parole
Status: in_force

If the board is satisfied that any provision of § 24-15A-27 has been violated, it may revoke the parole and reinstate the terms of the original sentence and conviction or it may modify conditions of parole and restore parole status. In addition, the board may order the denial of credit for time served on parole and withdraw time granted toward a partial early final discharge. If the board does not find that the provisions of § 24-15A-27 have been violated, the board may restore the parolee to the original or modified terms and conditions of the parolee's parole.

Source: SL 1996, ch 158, § 27; SL 2004, ch 168, § 70; SL 2011, ch 128, § 8.
S.D. Codified Laws § 24-15A-23 — SD Code / Title 24 / Chapter 15A / Section 24-15A-23
Application for clemency--Waiting period if denied--Period for crime of violence
Status: in_force

The board may not hear an application for clemency for one year after the date of the judgment. If an application for clemency is denied, an inmate may not again present an application for clemency for a period of one year. If an application for clemency is denied for an inmate convicted of a crime of violence, as defined in subdivision 22-1-2 (9), and sentenced to life imprisonment, the inmate may not again present an application for clemency for a period of four years.

Source: SL 1996, ch 158, § 22; SL 2024, ch 96, § 1.
S.D. Codified Laws § 24-13-9 — SD Code / Title 24 / Chapter 13 / Section 24-13-9
Appointment and salary of executive director
Status: in_force

The secretary of corrections, after consulting with the Board of Pardons and Paroles, shall appoint an executive director for the Board of Pardons and Paroles to serve at the secretary's pleasure, who shall receive an annual salary fixed by the secretary.

Source: SL 1961, ch 46, § 2; SDCL, § 23-58-3; SL 1978, ch 186, § 5; SL 1989, ch 20, § 170; SL 1992, ch 177, § 13.
S.D. Codified Laws § 24-2-28 — SD Code / Title 24 / Chapter 2 / Section 24-2-28
Costs of confinement and services--Liability of inmate
Status: in_force

Each inmate under the jurisdiction of the Department of Corrections is liable for the cost of the inmate's confinement which includes room and board charges; medical, dental, optometric, and psychiatric services charges; vocational education training; and alcoholism treatment charges.

However, if the secretary of corrections determines after considering the net income, net worth, number of dependents, and any existing obligations of the inmate, that the inmate is unable to pay, the secretary may waive all or part of the payment for the costs of the inmate's confinement.

Source: SL 1985, ch 192, § 55; SL 1989, ch 20, § 104; SL 1994, ch 188, § 2; SL 2004, ch 168, § 17.
S.D. Codified Laws § 24-15A-61 — SD Code / Title 24 / Chapter 15A / Section 24-15A-61
Inmate granted compassionate parole subject to statutory requirements
Status: in_force

An inmate granted compassionate parole is subject to the provisions of chapters 24-13 , 24-15 , and 24-15A , including the provisions related to supervision, early final discharge, and revocation of parole, so far as those provisions are consistent with §§ 24-15A-55 to 24-15A-68 , inclusive.

Source: SL 2018, ch 154, § 7.
S.D. Codified Laws § 24-2-18 — SD Code / Title 24 / Chapter 2 / Section 24-2-18
Warden's recommendation respecting good conduct time--Hearing and decision by secretary
Status: in_force

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.
S.D. Codified Laws § 24-1-35 — SD Code / Title 24 / Chapter 1 / Section 24-1-35
Contract with local jail for custody and care of prisoners
Status: in_force

The Department of Corrections may contract with any local jail in the state for the custody and care of any prisoner committed to a state correctional facility at a rate to be negotiated by the secretary of corrections.

Source: SL 1989, ch 192, § 2; SL 2023, ch 82, § 61.
S.D. Codified Laws § 24-15A-66 — SD Code / Title 24 / Chapter 15A / Section 24-15A-66
Effect of revocation of compassionate parole
Status: in_force

If an inmate on parole through a compassionate parole release has the inmate's parole revoked, a subsequent consideration of compassionate parole on the same sentence requires a new referral for consideration pursuant to § 24-15A-56 .

Source: SL 2018, ch 154, § 14.
S.D. Codified Laws § 24-15A-51 — SD Code / Title 24 / Chapter 15A / Section 24-15A-51
Report of eligibility for award of discharge credits
Status: in_force

Within fifteen days following the end of the month, a supervising parole agent shall report to the department the name of any supervised parolee eligible for the award of discharge credits earned in the previous month.

Source: SL 2013, ch 101, § 37.
S.D. Codified Laws § 24-15A-27 — SD Code / Title 24 / Chapter 15A / Section 24-15A-27
Show cause parole revocation order
Status: in_force

The executive director of the board may issue an order to show cause why parole should not be revoked if the director or the board is satisfied that:

(1) A parolee is violating or has violated the regulations or restrictions that are placed upon the parolee by the board, the department, or the sentencing court;

(2) A parolee has failed to report to the parolee's assigned parole agent;

(3) A parolee has failed to answer inquiries made by a parole agent; or

(4) The purposes or objects of parole are not being served.

Source: SL 1996, ch 158, § 26.
S.D. Codified Laws § 24-2-17 — SD Code / Title 24 / Chapter 2 / Section 24-2-17
Record of inmate conduct and infractions--Notice--Challenge to findings or sanctions--Investigation--Modification--Use of record
Status: in_force

The warden of a state correctional facility shall keep a true record of the conduct of each inmate and shall specify each infraction of the rules of discipline. An inmate shall receive notice of every entry on the inmate's record of each such infraction of the rules of discipline and shall have thirty days to challenge the validity of the finding that the inmate committed the rule infraction or the disciplinary sanction imposed by notifying the warden. After investigation, the warden may determine that the inmate did not commit the rule infraction and revise the record accordingly. The warden may also modify the imposed disciplinary sanction or rule infraction upon approval of the secretary of corrections. The record shall be used whenever the question of any inmate's eligibility for parole or discharge arises pursuant to § 24-5-1 .

Source: SDC 1939, § 13.4706; SL 1939, ch 32; SL 1974, ch 170, § 1; SL 1981, ch 193, § 10; SL 1989, ch 20, § 95; SL 2004, ch 168, § 9; SL 2009, ch 128, § 2; SL 2023, ch 82, § 70.
S.D. Codified Laws § 24-11-2 — SD Code / Title 24 / Chapter 11 / Section 24-11-2
Establishment of county jail at expense of county
Status: in_force

There shall be established and maintained in every county, by authority of the board of county commissioners and at the expense of the county, a jail for the purposes stated in this chapter, except as provided in § 24-11-3 .

Source: SDC 1939, § 13.4602; SL 1963, ch 57.
S.D. Codified Laws § 24-15A-11.1 — SD Code / Title 24 / Chapter 15A / Section 24-15A-11.1
Appeal of panel's decisions--Authority of panel
Status: in_force

No decision made by a panel of two or more board members may be appealed to the Board of Pardons and Paroles. Any panel designated by the chair shall exercise the same authority and assume the same responsibilities as the full Board of Pardons and Paroles in those actions that the panel is authorized to take.

Source: SL 2005, ch 132, § 12.
S.D. Codified Laws § 24-15A-16.1 — SD Code / Title 24 / Chapter 15A / Section 24-15A-16.1
Suspended imposition of sentence--Effect on parole eligibility
Status: in_force

If a person receives a suspended imposition of sentence for an offense committed on or after July 1, 2008, and that offense constitutes a felony under the laws of the state, any other state, or the United States at the time of the suspension of imposition, that offense, whether or not discharge and dismissal have occurred, shall be considered a prior felony conviction for purposes of establishment of an initial parole date pursuant to this chapter. The date of the first order suspending the imposition of sentence, whether or not discharge and dismissal have occurred, shall be the date of conviction for purposes of establishment of the number of felony convictions needed to calculate an initial parole date pursuant to this chapter.

Source: SL 2008, ch 119, § 1; SL 2010, ch 134, § 2.
S.D. Codified Laws § 24-2-35 — SD Code / Title 24 / Chapter 2 / Section 24-2-35
Emergency treatment with psychotropic medication
Status: in_force

In an emergency, involuntary treatment of an inmate with psychotropic medication may be administered without panel review for up to ten days if the treatment is ordered by two physicians, one of whom shall be a psychiatrist.

Source: SL 1996, ch 159, § 4.
S.D. Codified Laws § 24-7-6 — SD Code / Title 24 / Chapter 7 / Section 24-7-6
Use of inmate labor--Wages
Status: in_force

The director of prison industries shall use such inmate labor as may be necessary in the operation of the prison industries and pay wages within limits fixed by the secretary of corrections.

Source: SL 1947, ch 265, § 2; SL 1955, ch 30; SDC Supp 1960, § 13.47A02; SL 1989, ch 20, § 127.
S.D. Codified Laws § 24-15A-8 — SD Code / Title 24 / Chapter 15A / Section 24-15A-8
Early final discharge--Certificate of discharge
Status: in_force

Upon recommendation of the supervising agent, the board may grant an early final discharge from supervision for a parolee or person serving a suspended sentence under supervision of the board if the board is satisfied that an early final discharge would be in the best interests of society and the inmate. At the time of early final discharge from supervision, the secretary shall issue a certificate of discharge pursuant to § 24-15A-7 . An inmate is not entitled to an early final discharge. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any inmate.

Source: SL 1996, ch 158, § 7.
S.D. Codified Laws § 24-15-12 — SD Code / Title 24 / Chapter 15 / Section 24-15-12
Clothing and travel expense for parolee
Status: in_force

When the Board of Pardons and Paroles grants a parole to an inmate, the Department of Corrections shall provide the parolee, if not already provided for, with necessary clothing not exceeding a cost of one hundred dollars, with necessary traveling expenses not exceeding fifty dollars, and with transportation to the county of commitment or an equivalent distance.

Source: SDC 1939, § 13.5309; SL 1964, ch 33, § 9; SDCL, § 23-60-24; SL 1978, ch 186, § 27; SL 1992, ch 177, § 21; SL 2004, ch 168, § 60.
S.D. Codified Laws § 24-15-20 — SD Code / Title 24 / Chapter 15 / Section 24-15-20
Order to show cause against parole revocation--Grounds
Status: in_force

The executive director of the Board of Pardons and Paroles may issue an order to show cause why parole should not be revoked whenever the executive director or the board is satisfied that:

(1) A parolee is violating or has violated the regulations or restrictions placed upon the parolee by the board;

(2) A parolee has failed to report to his or her assigned parole agent;

(3) A parolee has failed to answer inquiries made by a parole agent; or

(4) The purposes or objects of parole are not being served.

Source: SL 1978, ch 186, § 30; SL 1987, ch 13, § 6; SL 2004, ch 168, § 64.
S.D. Codified Laws § 24-11-43 — SD Code / Title 24 / Chapter 11 / Section 24-11-43
Liability of private entity contracting for correctional facility
Status: in_force

A private entity operating under a contract authorized by § 24-11-40 or 24-11-41 is not entitled to claim sovereign immunity in a suit arising from the services performed under the contract by the private entity. However, this section does not deprive the private entity or the compact, municipality, or county of any benefits of any law limiting exposure to liability, setting a limit on damages or establishing defenses to liability.

Source: SL 1991, ch 207, § 5.
S.D. Codified Laws § 24-14-11 — SD Code / Title 24 / Chapter 14 / Section 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
Status: in_force

Any person who has been granted a pardon under the provisions of this chapter shall be released from all disabilities consequent on the person's conviction. Upon the granting of a pardon under the provisions of this chapter, the Governor shall order that all official records relating to the pardoned person's arrest, indictment or information, trial, finding of guilt, application for a pardon, and the proceedings of the Board of Pardons and Paroles shall be sealed. The Governor shall file a public document with the secretary of state certifying that the Governor has pardoned the person in compliance with the provisions of this chapter. The document shall remain a public document for five years and after five years that document shall be sealed. The receipt of any pardon, which was granted without following the provisions of this chapter, may not be sealed. The pardon restores the person, in the contemplation of the law, to the status the person occupied before arrest, indictment, or information. No person as to whom such order has been entered may be held thereafter under any provision of any law to be guilty of perjury or of giving a false statement by reason of such person's failure to recite or acknowledge such arrest, indictment, information, or trial in response to any inquiry made of such person for any purpose.

For the sole purpose of consideration of the sentence of a defendant for subsequent offenses or the determination of whether the defendant is a habitual offender under chapter 22-7 or whether the defendant has prior driving under the influence convictions pursuant to chapter 32-23 , the pardoned offense shall be considered a prior conviction.

The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation. The nonpublic record shall be retained solely for use by law enforcement agencies, prosecuting attorneys, and courts in sentencing such person for any subsequent offense and in determining whether or not, in any subsequent proceeding, the person is a habitual offender under chapter 22-7 or the determination of whether the defendant has prior driving under the influence convictions pursuant to chapter 32-23 .

Source: SL 1983, ch 199, § 3; SL 2003, ch 140, § 1.
S.D. Codified Laws § 24-11-10 — SD Code / Title 24 / Chapter 11 / Section 24-11-10
Required fireproofing for designated jail
Status: in_force

All buildings designed for the purposes mentioned in § 24-11-1 and erected after July 1, 1911, shall be constructed with fireproof floors, and interior wall surfaces.

Source: SDC 1939, § 13.4601.
S.D. Codified Laws § 24-11B-4 — SD Code / Title 24 / Chapter 11B / Section 24-11B-4
Order upon majority vote of panel--Written decision--Appeals
Status: in_force

The panel may order involuntary feeding or hydration by a majority vote. The panel shall provide its decision in writing to the attending physician, the supervisor of the jail or prison warden, and the prisoner. The prisoner may appeal an adverse decision of the panel to the supervisor of the jail in which the prisoner is confined or the secretary of corrections if the prisoner is confined in a Department of Corrections facility. The prisoner may appeal the decision of the jail supervisor or secretary of corrections to circuit court pursuant to chapter 1-26 .

Source: SL 2005, ch 131, § 4.
S.D. Codified Laws § 24-15A-17 — SD Code / Title 24 / Chapter 15A / Section 24-15A-17
Preparation for parole hearing
Status: in_force

The executive director of the board in preparing for each parole hearing shall receive from the department:

(1) A true record of each inmate which specifies each infraction of rules and the disciplinary action taken;

(2) The warden's report of substantive noncompliance with the individual program directive or subsequent progress and conduct;

(3) A report of any conduct on the inmate's part evincing an intent to reoffend; and

(4) In the case of a discretionary parole hearing following a revocation or finding of noncompliance, a report of the nature and seriousness of the parole violation or basis for noncompliance, results of risk and needs assessments of the inmate conducted by the department and other agencies as available and copies of documents related to supervision, treatment, and violation decisions in the inmate's prior prison, probation, and parole custodies as available.

Source: SL 1996, ch 158, § 16; SL 2013, ch 101, § 31.
S.D. Codified Laws § 24-15-19 — SD Code / Title 24 / Chapter 15 / Section 24-15-19
Powers of Department of Corrections when purposes of parole not being served
Status: in_force

If the purposes or objects of parole are not being served, the Department of Corrections and its parole agents may use any necessary means to establish discipline, arrest, or take custody and control of the parolee pending the issuance of a warrant of arrest by the executive director.

Source: SL 1978, ch 186, § 32; SL 1987, ch 13, § 5; SL 1989, ch 20, § 176.
S.D. Codified Laws § 24-11-40 — SD Code / Title 24 / Chapter 11 / Section 24-11-40
Contract for placement of inmates or prisoners--Certain private entities excepted
Status: in_force

The governing body of any compact, municipality, or county may contract with a private entity to place inmates or prisoners in a detention facility, jail, correctional facility, work camp, or related facility operated by a private entity. The governing body of the compact, municipality, or county may not contract with a private entity in which a member of the governing body of the compact, municipality, or county or an elected or appointed peace officer who serves in the municipality or county has a financial interest.

Source: SL 1991, ch 207, § 2.
S.D. Codified Laws § 24-14-10 — SD Code / Title 24 / Chapter 14 / Section 24-14-10
Recommendations for exceptional pardon
Status: in_force

The Board of Pardons and Paroles may recommend exceptional pardons to the Governor.

Source: SL 1974, ch 169, § 1; SDCL Supp, § 23-59-10; SL 1978, ch 186, § 40.
S.D. Codified Laws § 24-7-32 — SD Code / Title 24 / Chapter 7 / Section 24-7-32
State departments required to purchase from license plant--License plant required to sell at cost
Status: in_force

All state departments shall buy license plates and licensing decals from the prison industries if the prison industries are able to furnish such license plates and licensing decals. The prison industries shall furnish such license plates and licensing decals at the actual cost of production, plus fifteen percent.

Source: SDC 1939, § 55.1708; SL 1941, ch 300; SL 1947, ch 265, § 11; SDC Supp 1960, § 13.47A11; SL 1971, ch 163; SL 1989, ch 20, § 140; SL 1993, ch 187, § 1; SL 2004, ch 168, § 33.
S.D. Codified Laws § 24-13-13 — SD Code / Title 24 / Chapter 13 / Section 24-13-13
Former board member service as auxiliary member
Status: in_force

A former member of the Board of Pardons and Paroles is eligible, upon the request of the chair of the Board of Pardons and Paroles, to serve as an auxiliary member for a period of four years following the former member's service on the board. An auxiliary member has the same statutory powers and privileges, unless otherwise excluded pursuant to §§ 24-13-14 to 24-13-16 , inclusive, as a member of the Board of Pardons and Paroles. Service as an auxiliary member does not require appointment pursuant to § 24-13-1 .

Source: SL 2015, ch 144, § 1.
S.D. Codified Laws § 24-8-8 — SD Code / Title 24 / Chapter 8 / Section 24-8-8
Disposition of inmate's earnings
Status: in_force

The earnings of inmates released under this chapter shall be assigned and paid to the Department of Corrections.

Source: SL 1967, ch 32, § 5; SL 1989, ch 20, § 148; SL 2006, ch 138, § 1.
S.D. Codified Laws § 24-13-1 — SD Code / Title 24 / Chapter 13 / Section 24-13-1
Composition of board--Appointment of members
Status: in_force

The Board of Pardons and Paroles shall consist of nine members. Three members shall be appointed by the Governor; at least one shall be an attorney. Three members shall be appointed by the attorney general; at least one shall be an attorney. Three members shall be appointed by the Supreme Court; at least one shall be an attorney. Each member of the board shall be a resident of South Dakota and be appointed with the advice and consent of the Senate.

Source: SL 1961, ch 46, § 1; SDCL, § 23-58-1; SL 1978, ch 186, § 2; SL 1992, ch 177, § 2; SL 2002, ch 123, § 1.
S.D. Codified Laws § 24-5-3 — SD Code / Title 24 / Chapter 5 / Section 24-5-3
Clothing, money, and transportation on discharge
Status: in_force

Upon discharge of an inmate from a correctional facility, whether by parole, suspended sentence, or final discharge, a correctional facility official must provide the inmate with the following, if not already provided:

(1) Suitable clothing;

(2) A sum of money to be determined by the secretary of corrections; and

(3) Transportation to one of the following locations:

(a) The county where the inmate resided at the time of the offense that resulted in imprisonment;

(b) The county where the inmate received sentence; or

(c) A location equivalent in distance to either subsection (a) or (b), whichever is lesser in mileage.

Source: SDC 1939, § 13.4726; SL 1953, ch 38; SL 1959, ch 42; SL 1961, ch 44; SL 1972, ch 151; SL 1981, ch 193, § 15; SL 1989, ch 20, § 111; SL 2004, ch 168, § 23; SL 2013, ch 114, § 1; SL 2023, ch 82, § 74; SL 2026, ch 116, § 1.
S.D. Codified Laws § 24-2-15 — SD Code / Title 24 / Chapter 2 / Section 24-2-15
Diminution of period of confinement for good behavior, failing health, or other reason in the interest of justice
Status: in_force

If any inmate, convicted under the laws of this state, has demonstrated continued exceptional good behavior, or is in failing health, or for some other good and sufficient reason in the interest of justice, the Governor, upon the recommendation of the secretary of corrections, may diminish the inmate's period of confinement.

Source: SDC 1939, § 13.4719; SL 1981, ch 193, § 9; SL 1989, ch 20, § 94; SL 2004, ch 168, § 8.
S.D. Codified Laws § 24-11-47 — SD Code / Title 24 / Chapter 11 / Section 24-11-47
Possession of alcoholic beverages, controlled substances, marijuana, or weapons as felony
Status: in_force

No alcoholic beverages, controlled substances as defined by chapter 34-20B , marijuana, or weapons as defined in subdivision 22-1-2(10), may be possessed by any inmate of a jail. No prescription drugs may be possessed by any inmate of a jail except by order of a physician, physician assistant, or certified nurse practitioner, as defined in chapters 36-4 , 36-4A , and 36-9A , respectively and such an order shall be in writing and for a definite period. For purposes of this section, prescription drugs include nonprescription medication items that have not been authorized by the sheriff and which are not available to inmates except through authorized jail personnel or the inmate commissary system. A violation of this section constitutes a felony pursuant to the following schedule:

(1) Possession of alcoholic beverages or marijuana is a Class 6 felony;

(2) Possession of prescription or nonprescription drugs or controlled substances is a Class 4 felony;

(3) Possession of a weapon as defined in subdivision 22-1-2(10) is a Class 2 felony.

Source: SL 1995, ch 121, § 1; SL 2001, ch 127, § 3; SL 2014, ch 119, § 2; SL 2017, ch 171, § 50.
S.D. Codified Laws § 24-15A-23.1 — SD Code / Title 24 / Chapter 15A / Section 24-15A-23.1
Eligibility for clemency
Status: in_force

An inmate is ineligible to apply for clemency if the inmate reaches the initial parole date set pursuant to § 24-15A-32 . If an inmate is released on parole or the inmate's sentence has been discharged pursuant to § 24-15A-7 , the inmate may apply for clemency pursuant to § 24-15A-23 .

Source: SL 1999, ch 131, § 1.
S.D. Codified Laws § 24-11-6 — SD Code / Title 24 / Chapter 11 / Section 24-11-6
Confinement of federal prisoners--Compensation--Penalty for violation
Status: in_force

All sheriffs or officers having charge of any jail to whom any person shall be sent or committed by virtue of legal process issued by or under the authority of the United States, shall receive such person into custody and safely keep him until he is discharged by due course of the laws of the United States.

The United States shall be liable to pay for the support and keeping of such prisoners at such rates as may be negotiated between the United States and the local jail authority.

Any sheriff or other officer violating the provisions of this section shall be subject to the same penalties and shall be liable in like manner as if such person has been committed to their custody by legal process issued under the authority of this state.

Source: SDC 1939, §§ 13.4610, 13.4622; SL 1981, ch 195, § 2.
S.D. Codified Laws § 24-2-6 — SD Code / Title 24 / Chapter 2 / Section 24-2-6
Maintenance of order--Prevention of escapes
Status: in_force

Officers and employees may use any necessary means, including reasonable force, to maintain order in any adult correctional facility, to enforce obedience, suppress insurrections and prevent escapes, even at the hazard of life.

Source: SDC 1939, § 13.4717; SL 1979, ch 161, § 4; SL 1989, ch 20, § 87; SL 1990, ch 178.
S.D. Codified Laws § 24-7-37 — SD Code / Title 24 / Chapter 7 / Section 24-7-37
Annual report of activities of prison industries
Status: in_force

The secretary shall submit an annual report to the Governor and the Legislature setting out all the activities of prison industries that were engaged in the previous year. The secretary shall include in the report financial summaries of all activities of prison industries, a listing of all contracts with private organizations and individuals, and a summary of the planned activities for the next year. The report shall be filed on or before the first legislative day of each session.

Source: SL 1991, ch 206, § 5.
S.D. Codified Laws § 24-15-30 — SD Code / Title 24 / Chapter 15 / Section 24-15-30
Written waiver of right to hearing or appearance
Status: in_force

A request for waiver of a right to a parole hearing or an appearance at a parole hearing pursuant to § 24-15-8 , 24-15-23 , 24-15A-39 , or 24-15A-41 shall be submitted in writing to the Board of Pardons and Paroles by the inmate or parolee.

Source: SL 2002, ch 124, § 5; SL 2012, ch 137, § 7; SL 2021, ch 112, § 1.
S.D. Codified Laws § 24-11-11 — SD Code / Title 24 / Chapter 11 / Section 24-11-11
Heat and furnishings for jail--Expense
Status: in_force

The board of county commissioners or the governing body of any municipality shall provide suitable means for warming each jail and its cells and apartments, provide beds and bedding, and such permanent fixtures and repairs as may be required by the policies and procedures provided for in § 24-11-23 or directed by the judge of the circuit court at the expense of the municipality, as the case may be.

Source: SDC 1939, § 13.4608; SL 1983, ch 198, § 2; SL 1992, ch 60, § 2.
S.D. Codified Laws § 24-2-12.2 — SD Code / Title 24 / Chapter 2 / Section 24-2-12.2
Restoration of good conduct time
Status: in_force

Upon the recommendation of the warden, the secretary of the Department of Corrections may, at any time prior to the inmate's final discharge, restore time granted for good conduct which has been forfeited pursuant to § 24-2-12 . This section does not apply to the forfeiture of time granted for good conduct pursuant to § 24-2-18 .

Source: SL 1990, ch 179, § 4; SL 1994, ch 189, § 4.
S.D. Codified Laws § 24-15A-47 — SD Code / Title 24 / Chapter 15A / Section 24-15A-47
Report on implementation of supervision practices and training
Status: in_force

The department shall monitor and report semiannually to the oversight council the extent to which practices of parole supervision pursuant to § 24-15A-45 and training requirements pursuant to sections §§ 24-13-2 and 24-15A-46 are implemented with fidelity.

Source: SL 2013, ch 101, § 29.
S.D. Codified Laws § 24-11-17 — SD Code / Title 24 / Chapter 11 / Section 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
Status: in_force

All instruments of every kind, or attested copies thereof, by which a prisoner is committed or liberated, shall be regularly endorsed, filed, and safely kept by the sheriff or officer acting as jailer, and shall be delivered to his successor in office.

When a prisoner is confined by virtue of any process directed to the sheriff or other officer, and which shall require to be returned to the court whence it issued, such sheriff or officer shall keep a copy of the same, together with his return made thereon, which copy, duly certified by such sheriff or other officer, shall be prima facie evidence of his right to retain such prisoner in custody.

Source: SDC 1939, § 13.4607.
S.D. Codified Laws § 24-15-27 — SD Code / Title 24 / Chapter 15 / Section 24-15-27
Request to modify parole agreement
Status: in_force

If the parolee, the Department of Corrections, or the agent wish to modify board - ordered terms, conditions, restrictions, and requirements contained within a parolee's parole agreement, the request shall be forwarded to the executive director for submission to a panel or board. No board - ordered terms, conditions, restrictions, or requirements in a parole agreement may be modified without the concurrence of two board members.

Source: SL 1992, ch 177, § 24; SL 2004, ch 171, § 1.
S.D. Codified Laws § 24-13-14 — SD Code / Title 24 / Chapter 13 / Section 24-13-14
Restrictions on service of auxiliary member
Status: in_force

No more than one auxiliary member may serve on a single hearing panel pursuant to § 24-15A-10 . No auxiliary member may serve as a hearing officer pursuant to § 24-15A-9 .

Source: SL 2015, ch 144, § 2.
S.D. Codified Laws § 24-11-45 — SD Code / Title 24 / Chapter 11 / Section 24-11-45
Prisoner liable for costs of confinement--Deferred payment plan or waiver
Status: in_force

A prisoner confined to any jail while serving a sentence is liable for the cost of the prisoner's confinement including room and board charges; medical, dental, optometric, and psychiatric services charges; vocational education training; chemical dependency treatment charges; and transportation costs as set forth in subdivision 7-12-18(4), where transporting the prisoner is required. If, after considering the prisoner's net income, net worth, number of dependents, and any existing obligations, the judge who sentenced the prisoner to jail determines that the prisoner is unable to pay the full amount at one time, the judge may allow the prisoner to set up a deferred payment plan for payment for the costs of the inmate's confinement or waive all or part of the payment if the prisoner demonstrates an inability to pay.

Source: SL 1995, ch 141, § 1; SL 2018, ch 149, § 1.
S.D. Codified Laws § 24-2-25 — SD Code / Title 24 / Chapter 2 / Section 24-2-25
Extension of confinement limits to permit visits to designated places
Status: in_force

The secretary of corrections may extend the limits of the place of confinement of an inmate, if the secretary has reasonable cause to believe that the inmate will honor the secretary's prescribed conditions to visit or be housed in specifically designated places within the state.

Source: SL 1973, ch 157; SL 1989, ch 20, § 101; SL 2004, ch 168, § 14; SL 2023, ch 82, § 72.
S.D. Codified Laws § 24-7-15 — SD Code / Title 24 / Chapter 7 / Section 24-7-15
Contracts by director of prison industries with approval of secretary
Status: in_force

All contracts for material used in a manufactured product, containers, machinery, repairs, and services shall be made and executed by the director of prison industries with the approval of the secretary of corrections.

Source: SL 1947, ch 265, § 4; SDC Supp 1960, § 13.47A04; SL 1989, ch 20, § 133; SL 1991, ch 206, § 2.
S.D. Codified Laws § 24-11-45.1 — SD Code / Title 24 / Chapter 11 / Section 24-11-45.1
County lien for costs of confinement
Status: in_force

If any county pays for the costs of confining a prisoner serving a sentence in a county jail, the county shall have a lien pursuant to chapter 28-14 .

Source: SL 1999, ch 129, § 1; SL 2018, ch 149, § 2.
S.D. Codified Laws § 24-5-7 — SD Code / Title 24 / Chapter 5 / Section 24-5-7
Board authorized to grant early final discharge from supervision--Certificate of discharge--Prisoner not entitled to early discharge
Status: in_force

Upon recommendation of the supervising agent, the Board of Pardons and Paroles may grant an early final discharge from supervision for a parolee or person serving a suspended sentence under supervision of the board if the board is satisfied that an early final discharge would be in the best interests of society and the inmate. At the time of early final discharge from supervision, the secretary of corrections shall issue a certificate of discharge pursuant to § 24-5-2 . No inmate is entitled to an early final discharge. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any inmate.

Source: SL 1988, ch 197, § 1; SL 1992, ch 177, § 1; SL 2004, ch 168, § 24.
S.D. Codified Laws § 24-15A-41.1 — SD Code / Title 24 / Chapter 15A / Section 24-15A-41.1
Parole of inmate to custody of another state or federal jurisdiction
Status: in_force

Notwithstanding an inmate's statutory right to refuse parole or waive parole consideration, the Board of Pardons and Paroles may parole an inmate to the custody of another state or federal jurisdiction for the purpose of confinement and or deportation if it is in the best interest of the citizens of South Dakota.

Source: SL 2012, ch 137, § 8.
S.D. Codified Laws § 24-15A-16 — SD Code / Title 24 / Chapter 15A / Section 24-15A-16
Determination of whether prior offense constitutes felony--Effect of determination
Status: in_force

The determination of whether a prior offense is a felony for the purposes of this chapter shall be determined by whether it is a felony under the laws of this state, any other state, or the United States at the time of conviction of the offense. Any felony conviction in this state, any other state, or the United States shall be considered to determine an initial parole date under §§ 24-15-4 and 24-15A-32 .

Source: SL 1996, ch 158, § 15.
S.D. Codified Laws § 24-13-12 — SD Code / Title 24 / Chapter 13 / Section 24-13-12
Inapplicability of certain evidence rules
Status: in_force

The provisions of articles I to IV, inclusive, and articles VI to XI, inclusive, of chapter 19-19 do not apply in proceedings before the Board of Pardons and Paroles.

Source: SL 2009, ch 127, § 1.
S.D. Codified Laws § 24-11-4 — SD Code / Title 24 / Chapter 11 / Section 24-11-4
Agreements between political subdivisions for use of jails--Termination of agreement
Status: in_force

Any organized township, municipality, or county of the state is hereby authorized, upon passage of an affirmative resolution by each of the governing bodies of two or more such subdivisions of the state, to enter into a mutually acceptable contract, or to amend or terminate such contract, by which a jail may be used, owned, constructed, maintained, or operated, or any of the foregoing relationships may be established, by such two or more subdivisions.

Source: SDC 1939, § 13.4602 as added by SL 1963, ch 57.
S.D. Codified Laws § 24-11-8 — SD Code / Title 24 / Chapter 11 / Section 24-11-8
Charges for prisoners confined by authority other than county in which jail located--Amount fixed by county--Special jail building fund
Status: in_force

If any person is confined in any county jail by authority of the United States or of any state or territory other than this state or any county other than the county in which the county jail is located, the sheriff or other person in charge of the jail, may charge and collect a sum fixed by the county in addition to the charges allowed by law for any person confined by authority of the county, a sum necessary to fully compensate and reimburse the county for money actually and necessarily expended for utilities and other expenses in the keeping of the person, including the expense of building depreciation, administration, and a reasonable charge for obsolescence of the facility and all other tangible and intangible costs, to the county. The amount of the expense shall be fixed by the board of county commissioners and collected by the sheriff or other person in charge of the county jail in the manner and at the time other charges provided by law are collected. Upon collection of the money, the money collected for building depreciation, and tangible and intangible costs may be deposited into a special jail building fund. Moneys in the special jail building fund may only be used to make capital improvements to the existing jail or for the building of a new jail.

Source: SDC 1939, § 12.1006; SL 1986, ch 202, § 4; SL 2012, ch 135, § 1.
S.D. Codified Laws § 24-15A-5 — SD Code / Title 24 / Chapter 15A / Section 24-15A-5
Record of inmate conduct and infractions--Notice--Challenge to findings or sanctions--Investigation--Modification--Use of record
Status: in_force

The warden shall keep a true record of the conduct of each inmate specifying in the record each infraction of the rules of discipline. Each inmate shall be notified of every entry on the inmate's record of each such infraction of the rules of discipline. The inmate shall have thirty days to challenge, by notifying the warden, the validity of the finding that the inmate committed the rule infraction or the disciplinary sanction imposed. After investigation, the warden may determine that the inmate did not commit the rule infraction and revise the record accordingly. The warden may also modify the imposed disciplinary sanction or rule infraction. The record shall be used by the warden and board in determining the inmate's compliance with the inmate's individual program directive at the time of the inmate's initial parole date. This record may also be used by the board in the determination of discretionary parole releases.

Source: SL 1996, ch 158, § 4; SL 2009, ch 128, § 1.
S.D. Codified Laws § 24-11-27 — SD Code / Title 24 / Chapter 11 / Section 24-11-27
Power of circuit judge to visit jail and make order--Violation of order as contempt
Status: in_force

The judge of the circuit court may visit, inspect, and supervise all the jails in his circuit and all county and municipal officers shall comply with the orders of such court relating to jails or inmates therein, in accordance with law and the policies and procedures provided for in § 24-11-23 , and the violation of any such order may be punished as a contempt of court.

Source: SDC 1939, § 13.4604; SL 1957, ch 33; SL 1983, ch 198, § 8.
S.D. Codified Laws § 24-15A-63 — SD Code / Title 24 / Chapter 15A / Section 24-15A-63
Extended confinement
Status: in_force

Nothing in §§ 24-15A-55 to 24-15A-68 , inclusive, or its application impacts the ability of the warden and the secretary of corrections to place an inmate on extended confinement pursuant §§ 24-2-25 and 24-2-27 or to place the inmate on extended confinement pending compassionate parole consideration.

Source: SL 2018, ch 154, § 9.
S.D. Codified Laws § 24-2-22 — SD Code / Title 24 / Chapter 2 / Section 24-2-22
Prohibited articles for inmates--Delivery or intent to deliver to inmate--Penalty
Status: in_force

Any employee or other person who delivers or procures to be delivered, or possesses with the intent to deliver, to any inmate in a state correctional facility, or who deposits or conceals in or around any facility or place used to house inmates, or in any mode of transport entering the grounds of any facility or place and its ancillary facilities used to house inmates, any of the following articles, with the intent that any inmate obtain or receive the article, is guilty of a felony pursuant to the following schedule:

(1) Any alcoholic beverage or marijuana is a Class 6 felony;

(2) A cell phone or any other electronic communication device prohibited by Department of Corrections policy is a Class 4 felony;

(3) Any prescription or nonprescription drug or controlled substance, as defined by chapter 34-20B , except as authorized by the Department of Corrections, is a Class 3 felony;

(4) A dangerous weapon, as defined by § 22-1-2 , is a Class 2 felony; and

(5) Any article, not proscribed by this section, that is not provided by or authorized by the facility in any form, is a Class 6 felony.

Source: SDC 1939, § 13.1229 as added by SL 1947, ch 49; SL 1979, ch 150, § 33; SL 1989, ch 20, § 99; SL 1990, ch 180, § 4; SL 2004, ch 168, § 13; SL 2023, ch 82, § 71; SL 2025, ch 103, § 2; SL 2026, ch 115, § 1.
S.D. Codified Laws § 24-15A-52 — SD Code / Title 24 / Chapter 15A / Section 24-15A-52
Review of ineligibility determination
Status: in_force

A parolee who objects to a parole agent's determination that the parolee is ineligible for the award of earned discharge credits may seek a review with the board. The board may determine if the parolee is eligible for the award of earned discharge credits and order that the credits be applied to the parolee's sentence discharge date. The board may also determine if the parolee is ineligible for the award of earned discharge credits. This review may be of the parolee's record. A personal appearance of the parolee is not required. The decision of the board is final.

Source: SL 2013, ch 101, § 38.
S.D. Codified Laws § 24-11-50 — SD Code / Title 24 / Chapter 11 / Section 24-11-50
Hearing prior to treatment--Panel--Rights of prisoner--Order--Appeal
Status: in_force

Prior to involuntary treatment with psychotropic medication, the prisoner shall receive a hearing before a panel consisting of two medical representatives and a representative appointed by the county sheriff. The medical representatives may include a physician, physician assistant, or certified nurse practitioner; however, at least one shall be a physician. No panel member may have participated in the prisoner's current diagnosis, evaluation, or treatment. The prisoner has the right to notice of the hearing at least forty-eight hours in advance, the right to attend the hearing, the right to present evidence and cross-examine witnesses, and the right to representation by a disinterested lay advisor knowledgeable about psychological issues. The panel may order involuntary treatment with psychotropic medication by majority vote of the panel if the physician is in the majority. The prisoner may appeal the decision of the panel to the circuit court pursuant to chapter 1-26 .

Source: SL 2013, ch 115, § 2; SL 2017, ch 171, § 50.
S.D. Codified Laws § 24-1-37 — SD Code / Title 24 / Chapter 1 / Section 24-1-37
Prison facility--Restriction--Detention of certain noncitizens
Status: in_force

The prison facility authorized by SL 2025 (1st SS), ch 1, may not be used for the temporary detention of non-adjudicated noncitizens who are being actively deported by the Department of Homeland Security.

Source: SL 2025 (1st SS), ch 1, § 11, eff. Sep. 23, 2025.
S.D. Codified Laws § 24-15-7.1 — SD Code / Title 24 / Chapter 15 / Section 24-15-7.1
Effect of consecutive sentence for offense committed as an inmate
Status: in_force

Any person convicted of a felony while an inmate under the custody of the Department of Corrections and for which the sentence is made to run consecutively is not eligible for consideration for parole until serving the last of all such consecutive sentences. In such cases the parole consideration eligibility date shall be established subject to the provisions of subdivisions 24 - 15 - 5 (2) and (3).

Source: SL 1984, ch 180, § 4; SL 2023, ch 82, § 83.
S.D. Codified Laws § 24-1-11 — SD Code / Title 24 / Chapter 1 / Section 24-1-11
Secretary of corrections as general supervisor of other officers--Standards of personal conduct for officers and employees--Promulgation of rules
Status: in_force

All officers and persons employed by the Department of Corrections shall perform such duties as may be required of them by the secretary, in conformity with law and the rules, policies and procedures of the department. The Department of Corrections may promulgate rules pursuant to chapter 1-26 establishing standards of personal conduct for correctional officers and employees. The standards shall be consistent with those standards of personal conduct required of law enforcement personnel.

Source: SDC 1939, § 13.4709; SL 1983, ch 199, § 4; SL 1989, ch 20, § 74; SL 2023, ch 82, § 54.
S.D. Codified Laws § 24-15-25 — SD Code / Title 24 / Chapter 15 / Section 24-15-25
Parole of mentally ill inmate--Continuation of treatment as condition
Status: in_force

If the Board of Pardons and Paroles considers an inmate sentenced pursuant to § 23A-27-38 for parole, the board shall consult with the treating facility at which the inmate is being treated or from which the inmate has been discharged concerning the information required by § 23A-27-39 . If the inmate is placed on parole by the board, treatment recommended by the treating facility shall be made a condition of parole. An inmate's failure to continue treatment, except by agreement of the treating facility and the board, is basis for commencing a parole revocation hearing and grounds for parole revocation.

Source: SL 1983, ch 174, § 20; SL 1992, ch 177, § 26.
S.D. Codified Laws § 24-15-22 — SD Code / Title 24 / Chapter 15 / Section 24-15-22
Records and report to board on return of parolee to correctional facility
Status: in_force

Immediately upon the return of a parolee to the state correctional facility, the supervising agent shall immediately furnish to the Board of Pardons and Paroles the permanent records and a report containing all the facts connected with the return of the parolee.

Source: SDC 1939, § 13.5306; SL 1955, ch 31, § 4; SL 1964, ch 33, § 7; SDCL, § 23-60-23; SL 1978, ch 186, § 33; SL 1987, ch 13, § 8; SL 2023, ch 82, § 87.
S.D. Codified Laws § 24-11B-6 — SD Code / Title 24 / Chapter 11B / Section 24-11B-6
Continuation of feeding or hydration--Determination by physician
Status: in_force

If involuntary feeding or hydration of a prisoner exceeds ten days, a physician who is not the attending physician shall review the prisoner's current case and at subsequent intervals not to exceed three days, make a written determination whether the involuntary feeding or hydration shall be continued. The physician's written determination shall be provided to the attending physician, the supervisor of the jail or prison warden, and the prisoner.

Source: SL 2005, ch 131, § 6.
S.D. Codified Laws § 24-13-6 — SD Code / Title 24 / Chapter 13 / Section 24-13-6
Meetings at department facilities to consider clemency and paroles--Facilities--Cooperation by penitentiary personnel
Status: in_force

The Board of Pardons and Paroles shall meet in open session at facilities provided by the Department of Corrections at least every three months to hear applications for parole, to grant the privilege of parole to deserving inmates, for the discussion and adoption of policy, for revocation and recension decisions, to review agenda items and upon request of the Governor, make recommendation for pardon, commutation, reprieve, or remission of fines or forfeitures. A properly furnished room shall be made available by the Department of Corrections for hearings before the board. All officers and employees of the Department of Corrections shall at all times cooperate with the Board of Pardons and Paroles and the executive director of the board, give access to all inmates, and furnish such information as the board or the director may request pertaining to the performance of their duties. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner.

Source: SL 1961, ch 46, § 3; SDCL, § 23-58-5; SL 1978, ch 186, § 8; SL 1985, ch 205, § 2; SL 1989, ch 20, § 171; SL 1992, ch 177, § 12.