S.D. Codified Laws § 24-15A-30 — SD Code / Title 24 / Chapter 15A / Section 24-15A-30
Parole release of inmate requiring treatment
Status: in_force

If an inmate sentenced pursuant to § 23A-27-38 becomes eligible for parole release, the department 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 released on parole, 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 department, is basis for commencing a parole revocation hearing and grounds for parole revocation.

Source: SL 1996, ch 158, § 29.
S.D. Codified Laws § 24-2-19 — SD Code / Title 24 / Chapter 2 / Section 24-2-19
Documentation of pertinent information regarding inmates
Status: in_force

Written documentation shall be maintained of each inmate's institutional adjustment, rehabilitative progress, medical history, and any other facts considered pertinent by the warden.

Source: SDC 1939, § 13.4714; SL 1989, ch 20, § 97.
S.D. Codified Laws § 24-15A-31 — SD Code / Title 24 / Chapter 15A / Section 24-15A-31
Modification of parole agreement
Status: in_force

If the parolee or the parole agent wish to modify the terms, conditions, restrictions, and requirements contained within a parolee's parole agreement, the request shall be forwarded to the executive director of the board for approval.

Source: SL 1996, ch 158, § 30.
S.D. Codified Laws § 24-8-6 — SD Code / Title 24 / Chapter 8 / Section 24-8-6
Failure of inmate to report constitutes escape
Status: in_force

The failure of an inmate to report to or return from planned employment, the seeking of employment, or vocational training constitutes escape, and such inmate shall be charged therefor.

Source: SL 1967, ch 32, § 4; SL 2004, ch 168, § 37.
S.D. Codified Laws § 24-15A-37 — SD Code / Title 24 / Chapter 15A / Section 24-15A-37
Parole agreement on conditions of supervision
Status: in_force

As a condition of parole release, each inmate shall be required to sign an agreement setting forth the conditions of supervision placed on the inmate by the board and the department. The agreement shall be developed by the executive director of the board.

Source: SL 1996, ch 158, § 36.
S.D. Codified Laws § 24-11-31 — SD Code / Title 24 / Chapter 11 / Section 24-11-31
Sentence for violation of local law--Labor performed under local governing body for its benefit
Status: in_force

When sentence is for a violation of an ordinance, bylaw, or regulation of a municipality or civil township, the labor described by §§ 24-11-28 and 24-11-29 shall be performed under the direction of its governing body, who shall furnish the materials at the expense of the municipality, or civil township entitled to the benefit thereof, subject to the provisions of this chapter.

Source: SDC 1939, § 13.4616; SL 1992, ch 60, § 2.
S.D. Codified Laws § 24-11-14 — SD Code / Title 24 / Chapter 11 / Section 24-11-14
Removal of prisoners in case of fire--Alternate place of confinement not deemed escape
Status: in_force

If any jail or building adjacent thereto shall be on fire and the prisoners shall be exposed to danger by such fire, the keeper may remove such prisoners to a place of safety and there confine them so long as may be necessary to avoid such danger, and such removal and confinement shall not be deemed an escape of such prisoners.

Source: SDC 1939, § 13.4613.
S.D. Codified Laws § 24-1-8 — SD Code / Title 24 / Chapter 1 / Section 24-1-8
Salary of wardens
Status: in_force

The secretary of corrections shall fix a salary for the warden of each correction facility, any part of which may be paid out of the prison industries revolving fund.

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, § 3; SL 1989, ch 20, § 72; SL 2023, ch 82, § 53.
S.D. Codified Laws § 24-7-1 — SD Code / Title 24 / Chapter 7 / Section 24-7-1
State prison industries--Operation--New industry
Status: in_force

The South Dakota State Prison Industries constitutes the operating organization for all of the industries now established at the state penitentiary, including the license plate plant, furniture shop, bookbindery, and sign shop. The prison industries shall also embrace any new industry that is established by the Department of Corrections at the state penitentiary or any other facility for the employment of inmate labor.

Source: SL 1947, ch 265, § 1; SL 1959, ch 43; SDC Supp 1960, § 13.47A01; SL 1966, ch 35; SL 1984, ch 138, § 3; SL 1987, ch 29, § 80; SL 1989, ch 20, § 122; SL 2004, ch 168, § 30.
S.D. Codified Laws § 24-2-36 — SD Code / Title 24 / Chapter 2 / Section 24-2-36
Records of involuntary treatment with psychotropic medication
Status: in_force

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

Source: SL 1996, ch 159, § 5.
S.D. Codified Laws § 24-2-10 — SD Code / Title 24 / Chapter 2 / Section 24-2-10
Unauthorized injury to inmate--Punishment
Status: in_force

Any person sentenced to imprisonment in a state correctional facility is under the protection of the law, and any injury to such person not authorized by law is punishable in the same manner as if the person were not convicted or sentenced.

Source: SDC 1939, § 13.0204; SL 1989, ch 20, § 89; SL 2004, ch 168, § 5; SL 2023, ch 82, § 67.
S.D. Codified Laws § 24-11B-1 — SD Code / Title 24 / Chapter 11B / Section 24-11B-1
Prisoner involuntary feeding or hydration--Determination of severe harm--Exceptions
Status: in_force

The supervisor of a jail, as defined in § 24-11-1 , or a prison warden may attempt to prevent a prisoner from causing severe harm or death to himself or herself by refusing sufficient nutrition or hydration. A prisoner may be involuntarily fed or hydrated if it is determined, pursuant to the provisions of this chapter, that the prisoner is likely to cause severe harm to himself or herself by refusing sufficient nutrition or hydration. No supervisor of a jail or prison warden may prevent medically imposed fasts for the purpose of conducting medical tests or procedures or religious fasts for a reasonable length of time.

Source: SL 2005, ch 131, § 1.
S.D. Codified Laws § 24-15A-35 — SD Code / Title 24 / Chapter 15A / Section 24-15A-35
Notification of inmate's substantive compliance, noncompliance, or undetermined compliance with program directive
Status: in_force

At least thirty days prior to an inmate's initial parole date, the warden shall notify the board in writing of the inmate's substantive compliance or noncompliance with the inmate's individual program directive. If an award of earned discharge credit moves an inmate's initial parole date to within thirty days, the compliance report shall be completed no later than seven calendar days from the date of the application of the credits. If there is insufficient information for the warden to determine substantive compliance or noncompliance, the warden shall report a finding of undetermined compliance to the board. The warden shall also notify the inmate in writing of the warden's report of substantive compliance, noncompliance, or undetermined compliance. At least thirty days prior to an inmate's subsequent, discretionary parole hearing, the warden shall submit to the board an updated report of the inmate's conduct and progress since the last hearing.

Source: SL 1996, ch 158, § 34; SL 2012, ch 137, § 1; SL 2019, ch 120, § 1.
S.D. Codified Laws § 24-8-10 — SD Code / Title 24 / Chapter 8 / Section 24-8-10
Earnings exempt from seizure
Status: in_force

The earnings of inmates under this chapter are not subject to garnishment, attachment, or execution either in the hands of the employer or an agent authorized to hold or transmit such moneys.

Source: SL 1967, ch 32, § 5; SL 2004, ch 168, § 40.
S.D. Codified Laws § 24-15A-56 — SD Code / Title 24 / Chapter 15A / Section 24-15A-56
Referral for compassionate parole hearing
Status: in_force

The secretary of corrections may consider referrals for compassionate parole consideration from the inmate's health care provider or the warden. If the secretary determines the inmate meets the criteria for compassionate parole consideration as set forth in § 24-15A-55 , the secretary may refer the inmate for a compassionate parole hearing. The executive director of the Board of Pardons and Paroles shall schedule a discretionary, compassionate parole hearing with the board within three months of receipt of the referral.

Source: SL 2018, ch 154, § 2.
S.D. Codified Laws § 24-15-14 — SD Code / Title 24 / Chapter 15 / Section 24-15-14
Supervision of parolees--Employment of personnel
Status: in_force

The Department of Corrections shall exercise supervision over all paroled prisoners. The secretary of corrections shall employ or appoint officers and employees, pursuant to chapter 3-6D , as may be necessary to accomplish the proper supervision of parolees, persons on parole under a suspended sentence, and inmates on work release or extended confinement pursuant to §§ 24-2-25 and 24-2-27 .

Source: SL 1961, ch 46, § 8; SDCL § 23-58-10; SL 1977, ch 198, § 14; SL 1978, ch 186, § 6; SL 1987, ch 13, § 3; SL 1989, ch 20, § 175; SL 2018, ch 12, § 9; SL 2018, ch 151, § 1.
S.D. Codified Laws § 24-15-4.2 — SD Code / Title 24 / Chapter 15 / Section 24-15-4.2
Inmate sentenced to term of imprisonment ineligible for parole--Exception--Limited discharge credit
Status: in_force

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

(1) Vehicular homicide, as defined in § 22-16-41 ;

(2) Aggravated assault, as defined in § 22-18-1.1 ;

(3) Aggravated criminal battery of an unborn child, as defined in § 22-18-1.3 ;

(4) Kidnapping in the second degree, as defined in § 22-19-1.1 ;

(5) Second degree burglary, as defined in § 22-32-3 ;

(6) Riot, as defined in § 22-10-1 ;

(7) Manslaughter in the second degree, as defined in § 22-16-20 ;

(8) Second degree robbery, as defined in § 22-30-6 ;

(9) Second degree human trafficking, as defined in § 22-49-3 ;

(10) Felony child abuse, as defined in § 26-10-1 ; and

(11) Attempt to commit, or a conspiracy to commit, or a solicitation to commit any offense enumerated in § 24-15-4.1 .

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, except as otherwise provided in this section.

Discharge credits earned pursuant to §§ 24-15A-50 and 24-15A-50.1 may be used to reduce an inmate's sentence by up to fifteen percent of the sentence imposed by the court that the inmate must serve before becoming eligible for release on parole. Discharge credits may not be used to alter the inmate's sentence expiration date.

Source: SL 2023, ch 80, § 2; SL 2025, ch 104, § 2.
S.D. Codified Laws § 24-13-5 — SD Code / Title 24 / Chapter 13 / Section 24-13-5
Compensation and expenses of board members
Status: in_force

Each member of the Board of Pardons and Paroles shall receive compensation and expense reimbursement set pursuant to § 4-7-10.4 for attending meetings or performing duties of the board.

Source: SL 1961, ch 46, § 1; SDCL, § 23-58-2; SL 1978, ch 186, § 4.
S.D. Codified Laws § 24-13-4 — SD Code / Title 24 / Chapter 13 / Section 24-13-4
Chair of board--Meetings
Status: in_force

At the first meeting in each year, the board shall select one of its members as chair. The board shall meet at the times and places prescribed by its rules and whenever called together by the chair.

Source: SL 1961, ch 46, §§ 1, 3; SDCL, § 23-58-4; SL 1978, ch 186, § 7; SL 1979, ch 164, § 1; SL 1990, ch 183, § 1; SL 1992, ch 177, § 5; SL 2004, ch 168, § 41.
S.D. Codified Laws § 24-15A-24 — SD Code / Title 24 / Chapter 15A / Section 24-15A-24
Restrictions on parolee--Bond--Restitution--Child support--Supervision fees
Status: in_force

The board and the department may place reasonable restrictions upon a parolee which are designed to continue the parolee's rehabilitation, including limited areas of residence or community access, required participation in treatment, enhanced reporting requirements, and use of electronic monitoring or global positioning units. The board and the department may require the parolee to post a bond to assure the parolee's appearance and compliance with the conditions and restrictions of parole. The board and the department shall require the implementation of a restitution plan and payment of supervision fees, if reasonably possible. The prior obligations of child support and restitution payments take precedence over collection of supervision fees. All restrictions shall be in writing, and the agreement shall be signed by the parolee.

Source: SL 1996, ch 158, § 23; SL 1997, ch 149, § 2; SL 2006, ch 123, § 13; SL 2010, ch 133, § 2.
S.D. Codified Laws § 24-11-46 — SD Code / Title 24 / Chapter 11 / Section 24-11-46
Prisoner liable for fines, restitution, and obligation
Status: in_force

A prisoner confined to any jail while serving a sentence is liable for court - ordered fines and restitution and any obligation incurred while under the custody of the sheriff or officer having charge of the jail. Disbursement shall be made from a prisoner's account to defray the prisoner's obligation, regardless of the source of the prisoner's funds, including moneys in the prisoner's account from wages earned by the prisoner pursuant to § 24-11-32 .

Source: SL 1995, ch 141, § 2.
S.D. Codified Laws § 24-15A-57 — SD Code / Title 24 / Chapter 15A / Section 24-15A-57
Factors for consideration in determining grant or denial of compassionate parole
Status: in_force

The Board of Pardons and Paroles shall consider the following factors in determining the grant or denial of a compassionate parole:

(1) The inmate's assessed risk level;

(2) The inmate's conduct in prison;

(3) The inmate's conduct while on extended confinement, if applicable;

(4) Sentence served and sentence remaining;

(5) Offense and chronicity of criminal behavior;

(6) Prognosis and incapacitation level;

(7) The inmate's compliance with health care ordered by a health care provider;

(8) Release plan including provisions for health care;

(9) Input, if any, of the sentencing judge, the prosecuting attorney, and the victim;

(10) If the care and supervision that the inmate requires and is anticipated to require can be provided in a more medically appropriate or cost effective manner than the Department of Corrections;

(11) Allowing a geriatric or terminally ill person to live at a location outside of prison prior to death; and

(12) The ability to adequately monitor the inmate, after release, to ensure public safety.

Source: SL 2018, ch 154, § 3.
S.D. Codified Laws § 24-11-16 — SD Code / Title 24 / Chapter 11 / Section 24-11-16
Jail records to be maintained
Status: in_force

The sheriff or other officer having charge of any jail shall keep jail records. These records shall be carefully kept and preserved and delivered to such officer's successor in office. The officer shall exhibit these records to any judge of the circuit court, if requested to do so, and to the Department of Corrections for the purposes on monitoring compliance with the requirements of the Juvenile Justice and Delinquency Prevention Act pursuant to § 1-15-28 .

Source: SDC 1939, § 13.4606; SL 1981, ch 195, § 4; SL 1983, ch 198, § 4; SL 2003, ch 149, § 10.
S.D. Codified Laws § 24-7-16 — SD Code / Title 24 / Chapter 7 / Section 24-7-16
Sale of products
Status: in_force

The director of prison industries shall sell the products and services of the various prison industries to the federal government, states and subdivisions thereof, and to individuals. The director, with the approval of the secretary of corrections, may execute such contracts on behalf of the prison industries as may best promote the successful operation thereof.

Source: SL 1947, ch 265, § 4; SDC Supp 1960, § 13.47A04; SL 1989, ch 20, § 134; SL 1991, ch 206, § 3.
S.D. Codified Laws § 24-11-29 — SD Code / Title 24 / Chapter 11 / Section 24-11-29
Inmates requesting work
Status: in_force

All persons confined in any jail may be allowed upon request to perform the labor described by § 24-11-28 .

Source: SDC 1939, § 13.4615.
S.D. Codified Laws § 24-15A-18 — SD Code / Title 24 / Chapter 15A / Section 24-15A-18
Concurrent sentencing--Determination of initial parole date
Status: in_force

In the determination of an inmate's initial parole date, two or more convictions arising from the same transaction, for which the sentences are made to run concurrently, shall be considered as one conviction. Two or more sentences arising from different transactions for which the sentences are made to run concurrently shall be considered as separate convictions. The first parole date shall be figured on the concurrent sentence with the longest time to serve to parole. If there are different transactions with at least one occurring prior to July 1, 1996, and at least one occurring on or after July 1, 1996, the inmate shall be subject to parole provisions effective at the time of the offense with the longest time to parole eligibility or initial parole.

Source: SL 1996, ch 158, § 17.
S.D. Codified Laws § 24-15-6 — SD Code / Title 24 / Chapter 15 / Section 24-15-6
Effect of concurrent sentences on eligibility for parole
Status: in_force

In the determination of an inmate's eligibility for parole, two or more convictions arising from the same transaction, for which the sentences are made to run concurrently, shall be considered as one conviction. Two or more sentences arising from different transactions for which the sentences are made to run concurrently shall be considered as separate convictions.

Source: SDC 1939, § 13.5301 as added by SL 1939, ch 34; SL 1964, ch 33, § 4; SDCL, § 23-60-10; SL 1978, ch 186, § 22.
S.D. Codified Laws § 24-7-8 — SD Code / Title 24 / Chapter 7 / Section 24-7-8
Separate account for each prison industry
Status: in_force

Separate accounts shall be kept by the director of prison industries to clearly show the financial condition of each separate prison industry.

Source: SL 1947, ch 265, § 3; SDC Supp 1960, § 13.47A03; SL 1984, ch 30, § 13; SL 1989, ch 20, § 129.
S.D. Codified Laws § 24-15-1.1 — SD Code / Title 24 / Chapter 15 / Section 24-15-1.1
Parole defined--Prisoner not required to accept parole--No right to parole
Status: in_force

Parole is the discretionary 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 of Corrections until the expiration of the inmate's term of imprisonment. A prisoner is not required to accept a conditional parole. A prisoner is never entitled to parole. However, parole may be granted if in the judgment of the Board of Pardons and Paroles granting a parole would be in the best interests of society and the prisoner.

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 1985, ch 205, § 1; SL 1989, ch 20, § 174; SL 2004, ch 168, § 52; SL 2023, ch 82, § 81.
S.D. Codified Laws § 24-15A-10 — SD Code / Title 24 / Chapter 15A / Section 24-15A-10
Designation of panels to conduct hearings--Final action
Status: in_force

The chair of the board may designate panels of two or more board members to conduct hearings pursuant to this chapter and chapters 24-13 , 24-14 , and 24-15 , take testimony, and take final action.

Source: SL 1996, ch 158, § 9; SL 2004, ch 168, § 68; SL 2005, ch 132, § 10; SL 2019, ch 118, § 2.
S.D. Codified Laws § 24-11B-2 — SD Code / Title 24 / Chapter 11B / Section 24-11B-2
Hearing before panel--Panel members--Prisoner rights
Status: in_force

Prior to involuntary feeding or hydration, the prisoner shall receive a hearing before a panel consisting of two medical representatives and a representative of the jail or prison. The medical representatives shall be a physician, physician assistant, or certified nurse practitioner. 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.

Source: SL 2005, ch 131, § 2; SL 2017, ch 171, § 50.
S.D. Codified Laws § 24-15A-68 — SD Code / Title 24 / Chapter 15A / Section 24-15A-68
Compassionate parole requirements not applicable to paroled inmate who reached initial parole date or parole eligibility date
Status: in_force

When a parolee released under compassionate parole reaches their initial parole date pursuant to § 24-15A-32 or their parole eligibility date pursuant to § 24-15-5 and is paroled subject to the provisions of chapters 24-15 and 24-15A they are no longer subject to the provisions of §§ 24-15A-55 to 24-15A-68 , inclusive.

Source: SL 2018, ch 154, § 16.
S.D. Codified Laws § 24-15-26 — SD Code / Title 24 / Chapter 15 / Section 24-15-26
Arrest of parolee--Notification to executive director
Status: in_force

If the Department of Corrections and its parole agents arrest or take a parolee into custody, the executive director shall be notified of the action and the cause for the action.

Source: SL 1992, ch 177, § 23.
S.D. Codified Laws § 24-11-12 — SD Code / Title 24 / Chapter 11 / Section 24-11-12
Appointment of jail physician--Physician's reports
Status: in_force

The board of county commissioners or governing body of the municipality may appoint a physician for the jail or jails within its jurisdiction and provide for the payment of his services, which physician shall make a report in writing to such board or governing body or to the judge of the circuit court whenever requested so to do.

Source: SDC 1939, § 13.4608; SL 1992, ch 60, § 2.
S.D. Codified Laws § 24-8-1 — SD Code / Title 24 / Chapter 8 / Section 24-8-1
Conditional release of inmates--Continued supervision and paid employment--Educational programs--Termination of release
Status: in_force

The Department of Corrections may conditionally release selected inmates and may extend the limits of the place of confinement of such inmates of a state correctional facility. If the warden determines that the character and attitude of an inmate reasonably indicate that the inmate may be so trusted, the warden may release and provide for continued supervision of such an inmate to work at paid employment, or to participate in vocational training or other educational programs in the community after such employment or program has been investigated and approved pursuant to rules promulgated by the Department of Corrections. The warden may, with or without cause, terminate or suspend any such release.

Source: SL 1967, ch 32, § 1; SL 1973, ch 158, § 1; SL 1989, ch 20, § 142; SL 2004, ch 168, § 35; SL 2023, ch 82, § 78.
S.D. Codified Laws § 24-15-28 — SD Code / Title 24 / Chapter 15 / Section 24-15-28
County expenses in detaining parole violator--Reimbursement--Limit--Timeframe--Exclusion
Status: in_force

The state shall reimburse any county of this state for expenses the county incurs for the detention of a parolee pursuant to §§ 24-15-19 and 24-15-21 . The reimbursement may not exceed ninety-five dollars per day, unless the county incurs costs for the parolee's medication and medical care, in which case those costs must also be reimbursed in full. Upon receipt of the bill, the state shall make reimbursement within thirty days.

No county may be reimbursed by the state for costs incurred from detaining a parolee held for criminal charges unrelated to the parolee's current conviction and sentence.

Source: SL 1994, ch 191, § 1; SL 1999, ch 130, § 1; SL 2014, ch 120, § 2; SL 2023, ch 81, § 1; SL 2025, ch 105, § 1.
S.D. Codified Laws § 24-14-3 — SD Code / Title 24 / Chapter 14 / Section 24-14-3
Notice to prosecuting attorney, sentencing judge, attorney general, and law enforcement of hearing for clemency
Status: in_force

The executive director shall notify the attorney who prosecuted the person applying for clemency, or the attorney' s successor in office, the sentencing judge, the attorney general, and the sheriff or local law enforcement agency where the offense was committed, at least thirty days prior to a hearing by the board.

Source: SDC 1939, § 13.5105; SL 1964, ch 33, § 2; SDCL, § 23-59-5; SL 1978, ch 186, § 36; SL 1988, ch 200, § 1; SL 2004, ch 168, § 49; SL 2005, ch 132, § 5.
S.D. Codified Laws § 24-11-47.1 — SD Code / Title 24 / Chapter 11 / Section 24-11-47.1
Possession of electronic communications devices, tobacco products, or other unauthorized items as misdemeanor
Status: in_force

No cellular telephone, electronic communications device, tobacco product, or any other item not provided by or authorized by the operator of the jail facility may be possessed by an inmate of a jail. No item provided by or authorized by the operator of the jail facility may be possessed by an inmate of a jail if the item has been altered to accommodate a use other than the originally intended use of the item. A violation of this section constitutes a Class 1 misdemeanor.

Source: SL 2014, ch 119, § 1.
S.D. Codified Laws § 24-12A-1 — SD Code / Title 24 / Chapter 12A / Section 24-12A-1
State reimbursement of county for expense of recapture of escapees from Department of Corrections' custody
Status: in_force

Any county of this state, which is compelled to incur expense for the apprehension and detention of escapees from the custody of the Department of Corrections, including sheriff's mileage and expense, the costs and expenses of a trial, and damage or injury resulting to county property, shall be reimbursed by the state for the expense incurred and for any actual damage or injury suffered.

Source: SL 1955, ch 315, § 1; SDC Supp 1960, § 12.1919; SL 1968, ch 20; SDCL, § 24-12-6; SL 1978, ch 185, § 14; SDCL Supp, § 24-12-13; SL 1990, ch 160, § 1; SDCL, § 22-11A-6 ; SL 2005, ch 120, § 323.
S.D. Codified Laws § 24-11-36 — SD Code / Title 24 / Chapter 11 / Section 24-11-36
Protection of working prisoners from public annoyance
Status: in_force

The officer in charge of prisoners sentenced to labor shall protect them from insult and annoyance while at labor or going to and returning therefrom.

Source: SDC 1939, § 13.4619.
S.D. Codified Laws § 24-2-2.1 — SD Code / Title 24 / Chapter 2 / Section 24-2-2.1
Certified judgment containing certain information required for acceptance of delivery
Status: in_force

A warden may not accept delivery of a defendant to a state correctional facility without a certified copy of the judgment containing the information required pursuant to § 23A-27-4 .

Source: SL 2007, ch 150, § 3; SL 2023, ch 82, § 64.
S.D. Codified Laws § 24-15A-38 — SD Code / Title 24 / Chapter 15A / Section 24-15A-38
Inmate release to parole supervision--Conditions
Status: in_force

Each inmate shall be released from incarceration to parole supervision, without a hearing with the board, at the time of the inmate's initial parole date, if the inmate has substantively met the requirements of the individual program directive established by the department, agreed to the conditions of supervision and has an approved parole release plan.

Source: SL 1996, ch 158, § 37.
S.D. Codified Laws § 24-14-1 — SD Code / Title 24 / Chapter 14 / Section 24-14-1
Delegation of authority by Governor
Status: in_force

The Governor may, by executive order, delegate to the Board of Pardons and Paroles the authority to hear applications for pardon, commutation, reprieve, or remission of fines and forfeitures, and to make its recommendations to the Governor.

Source: SL 1978, ch 186, § 9; SL 2004, ch 168, § 47.
S.D. Codified Laws § 24-11-54 — SD Code / Title 24 / Chapter 11 / Section 24-11-54
Immunity from liability for involuntary treatment
Status: in_force

No person who serves on the hearing panel, who is the attending physician or who orders or participates in the involuntary treatment with psychotropic medication of a prisoner may be held civilly or criminally liable for the treatment 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 2013, ch 115, § 6.
S.D. Codified Laws § 24-11B-7 — SD Code / Title 24 / Chapter 11B / Section 24-11B-7
Records--Content
Status: in_force

A jail or prison shall maintain records of any involuntary feeding or hydration of prisoners. The records shall include any available medical history of a prisoner's prior refusal of adequate nutrition or hydration, current and prior illnesses, and may include such other information as deemed necessary by the jail or prison to facilitate management of prisoners.

Source: SL 2005, ch 131, § 7.
S.D. Codified Laws § 24-1-16 — SD Code / Title 24 / Chapter 1 / Section 24-1-16
Correctional facility purchases
Status: in_force

The secretary of corrections may make any purchase for a state correctional facility on such conditions and in such manner as in the warden's opinion best promotes the interest of the state.

Source: SDC 1939, § 13.4711; SL 2004, ch 168, § 3; SL 2023, ch 82, § 57.
S.D. Codified Laws § 24-15A-33 — SD Code / Title 24 / Chapter 15A / Section 24-15A-33
Change in initial parole date
Status: in_force

An inmate's initial parole 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 date may apply for a review of the date with the board for a determination of the true and correct parole date.

Source: SL 1996, ch 158, § 32.
S.D. Codified Laws § 24-7-33 — SD Code / Title 24 / Chapter 7 / Section 24-7-33
Payment for goods--Disposition of moneys
Status: in_force

Any state department contracting for any of the products provided for by prison industries shall pay for such goods as provided by law. All money received for the manufacturing of products shall be deposited to the credit of the revolving fund provided for in this chapter.

Source: SDC 1939, § 55.1708; SL 1941, ch 300; SL 1947, ch 265, § 11; SDC Supp 1960, § 13.47A11; SL 2004, ch 168, § 34.
S.D. Codified Laws § 24-15-2 — SD Code / Title 24 / Chapter 15 / Section 24-15-2
Contents and sources for case histories
Status: in_force

The executive director of the Board of Pardons and Paroles in preparing each case history shall:

(1) Adopt and implement a procedure by which a report shall be completed to contain the life history of each inmate;

(2) Receive from the Department of Corrections a copy of the true record of each inmate which specifies each infraction of rules and the disciplinary action taken; and

(3) Enlist the services of any sheriff, state's attorney, circuit judge, or other officer who may have knowledge concerning each inmate, or circumstances surrounding the commission of the crime for which the inmate was sentenced, or the inmate's previous history.

Source: SDC 1939, § 13.5304 as added by SL 1955, ch 31, § 2; SL 1964, ch 33, § 6; SDCL, § 23-60-3; SL 1978, ch 186, § 17; SL 1992, ch 177, § 17; SL 2004, ch 168, § 53.
S.D. Codified Laws § 24-15A-12 — SD Code / Title 24 / Chapter 15A / Section 24-15A-12
Parole hearings
Status: in_force

The board shall meet in open session at facilities provided by the department at least every three months to conduct parole hearings pursuant to §§ 24-15A-39 and 24-15A-41 , for the discussion and adoption of policy, for revocation and recession 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 for hearings before the board. All officers and employees of the department shall at all times cooperate with the board and the executive director of the board, give access to all inmates, and furnish such information as the board and the director may request pertaining to the performance of their duties.

Source: SL 1996, ch 158, § 11.
S.D. Codified Laws § 24-7-3 — SD Code / Title 24 / Chapter 7 / Section 24-7-3
Furnishing prison labor to private enterprise authorized--Rules
Status: in_force

The Department of Corrections may contract prison labor to private enterprises and may establish new industries beyond the use and purpose of furnishing goods, products, and services to the federal government, state governments, and their political subdivisions.

The Department of Corrections may promulgate rules pursuant to chapter 1-26 to implement the provisions of this section, which shall require:

(1) Deductions from prison industries revenues or inmate wages to be contributed to a crime victim assistance or compensation program as administered by the State of South Dakota;

(2) Consultation with representatives of local labor organizations and local businesses prior to the use of inmate workers in the production of goods for sale in interstate commerce or to the federal government;

(3) The payment of wages to inmate workers at a rate which is not less than the prevailing wage for work of a similar nature in private industry;

(4) Some form of workmen's compensation for inmate workers;

(5) Voluntary inmate participation; and

(6) Any other conditions or requirements of the private sector/prison industry enhancement certification program of the Federal Bureau of Justice Assistance.

Source: SL 1947, ch 265, § 1; SL 1959, ch 43; SDC Supp 1960, § 13.47A01; SL 1966, ch 35; SL 1989, ch 20, § 124; SL 1990, ch 182.
S.D. Codified Laws § 24-15-11 — SD Code / Title 24 / Chapter 15 / Section 24-15-11
Restrictions on parolee--Bond--Restitution--Child support--Supervision fees
Status: in_force

The board may place reasonable restrictions upon a parolee which are designed to continue the parolee's rehabilitation. The board and the department may require the parolee to post a bond to assure the parolee's appearance and compliance with the conditions and restrictions of parole. The board, upon granting parole, shall require the implementation of a restitution plan and payment of supervision fees, if reasonably possible. The prior obligations of child support and restitution payments take precedence over collection of supervision fees. All restrictions shall be in writing, and the agreement shall be signed by the parolee.

Source: SDC 1939, § 13.5307; SL 1955, ch 31, § 5; SL 1957, ch 36, § 3; SL 1964, ch 33, § 8; SDCL § 23-60-17; SL 1978, ch 186, § 26; SL 1986, ch 196, § 6; SL 1997, ch 149, § 1; SL 2010, ch 133, § 1.
S.D. Codified Laws § 24-7-10 — SD Code / Title 24 / Chapter 7 / Section 24-7-10
Director as custodian of all moneys and property--Duty to keep accounts--Authority to install accounting systems--Bond required
Status: in_force

The director of prison industries shall be the custodian of all moneys and property of the prison industries and shall keep accurate account of all its proceedings and transactions, make all reports, requisitions, and statements, may install such systems of accounting as will meet the demands of the secretary of corrections most expeditiously and shall perform all such other duties and file such bond as may be required by the secretary.

Source: SL 1947, ch 265, § 3; SDC Supp 1960, § 13.47A03; SL 1989, ch 20, § 131.
S.D. Codified Laws § 24-1-27 — SD Code / Title 24 / Chapter 1 / Section 24-1-27
Disposition of a dead inmate--Notice to next of kin
Status: in_force

Upon notification of the death of any inmate who has not been released on parole or suspended sentence, an official of the Department of Corrections shall contact the county coroner, who shall proceed in accordance with the provisions of chapter 23-14 . A department official shall also attempt to contact the person designated by the inmate prior to death or the next of kin, if known, and offer the body to be delivered to such person at that person's expense. If attempts to contact such persons fail or if the offer of delivery is declined, a department official, after forty - eight hours, shall make arrangements for the disposition of the body.

Source: SDC 1939, § 13.4725; SL 1989, ch 20, § 78; SL 2023, ch 82, § 60.
S.D. Codified Laws § 24-15A-32.1 — SD Code / Title 24 / Chapter 15A / Section 24-15A-32.1
Withholding of parole eligibility of sex offender based upon history, treatment, and risk factors
Status: in_force

Upon recommendation of sex offender treatment program staff and following a review of the inmate's history, treatment status, risk of re-offense, and psycho-sexual assessment, the warden may, at any time prior to the inmate's final discharge, recommend to the Board of Pardons and Paroles that parole eligibility pursuant to § 24-15A-32 be withheld on an inmate convicted of a felony sex offense as defined in § 22-24B-1 .

The board may, after a hearing, determine if parole eligibility is to be withheld. The decision of the board to withhold parole eligibility is final.

Source: SL 2006, ch 121, § 13.
S.D. Codified Laws § 24-12A-2 — SD Code / Title 24 / Chapter 12A / Section 24-12A-2
Voucher and warrant for state reimbursement of county
Status: in_force

In order to obtain reimbursement pursuant to § 24-12A-1 , 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 all of the actual expenses paid by the county. 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 1955, ch 315, §§ 1, 2; SDC Supp 1960, § 12.1919; SL 1968, ch 20; SDCL, § 24-12-7; SL 1978, ch 185, § 15; SDCL Supp, § 22-12-14 ; SL 1989, ch 20, § 66; SDCL, § 22-11A-7; SL 2005, ch 120, §§ 323, 324.
S.D. Codified Laws § 24-8-11 — SD Code / Title 24 / Chapter 8 / Section 24-8-11
Charges for room and board--Disposition of amounts received
Status: in_force

The secretary of corrections shall determine the amount to be paid for board and room by each work release inmate. If special circumstances warrant or for a just and reasonable cause, the secretary of corrections may waive the payment of board and room charges.

All the board and room charges paid to the Department of Corrections for confinement shall be deposited in the general fund.

Source: SL 1967, ch 32, § 6; SL 1989, ch 20, § 150; SL 2006, ch 138, § 3; SL 2016, ch 140, § 1.
S.D. Codified Laws § 24-11-32 — SD Code / Title 24 / Chapter 11 / Section 24-11-32
Prisoner's compensation for work--Payment to dependents--Allowance by board of county commissioners
Status: in_force

Each prisoner performing labor may be paid a reasonable compensation by the county, municipality, or civil township benefited thereby. The provisions of § 60-11-3 do not apply to prisoners. Such compensation or such portion thereof as the court or tribunal shall direct may be paid to the spouse, family, or dependents of such prisoner, or such other person as the court or tribunal may direct, and shall be in such amount as such court or tribunal shall determine upon application of the person or officer under whose superintendency the work shall be performed, and shall be allowed by the board of county commissioners or governing body of the municipality, or civil township, upon the order of such court or tribunal.

Source: SDC 1939, § 13.4617; SL 1979, ch 149, § 13; SL 1992, ch 60, § 2.
S.D. Codified Laws § 24-11-23 — SD Code / Title 24 / Chapter 11 / Section 24-11-23
Policies and procedures--Adoption--Contents
Status: in_force

The governing body or commission responsible for the operation of a jail shall adopt written policies and procedures for the regulation of the jail on the following subjects:

(1) The cleanliness of the prisoners;

(2) The classification of prisoners by sex, age, crime, and mental illness;

(3) Beds and clothing;

(4) Warming, lighting, and ventilation of the jail;

(5) The employment of medical and surgical aid when necessary;

(6) Employment, temperance, and instruction of the prisoners;

(7) The communication between prisoners and their counsel and other persons; however, no mail censorship is to be allowed of inmates' correspondence to and from their counsel, or their designated agents;

(8) The punishment of prisoners for violation of the policies and procedures of the jail;

(9) The twenty - four hour supervision of the jail when it houses any inmate population which policies and procedures may provide for supervision by means other than the continuous personal presence of jail personnel;

(10) The training of the jailors;

(11) Such other policies and procedures to ensure the fair and humane treatment of and to promote the welfare of the prisoners; provided, that such policies and procedures shall not be contrary to the laws of this state.

Source: SDC 1939, § 13.4603; SL 1979, ch 161, § 10; SL 1980, ch 185, § 1; SL 1983, ch 198, § 5.
S.D. Codified Laws § 24-15A-29 — SD Code / Title 24 / Chapter 15A / Section 24-15A-29
Discretionary parole date on revocation--Conditions--Discretionary hearings
Status: in_force

The board shall establish a discretionary parole date of not more than two years from the date of revocation if:

(1) An offender's parole or suspended sentence is revoked and imposed following release to parole supervision; or

(2) An offender's suspended sentence is revoked and imposed after the offender has been found noncompliant under § 24-15A-39 .

Subsequent discretionary hearings shall be held at intervals of not more than two years. The board is not required to see an inmate for a discretionary parole hearing at two-year intervals following a revocation if the inmate receives an additional felony sentence that carries an initial parole date longer than two years from the revocation.

Source: SL 1996, ch 158, § 28; SL 2010, ch 134, § 1; SL 2013, ch 116, § 1; SL 2021, ch 114, § 1.
S.D. Codified Laws § 24-15A-65 — SD Code / Title 24 / Chapter 15A / Section 24-15A-65
Inmate on compassionate parole ineligible for earned discharge credits
Status: in_force

An inmate on parole through a compassionate parole release is ineligible for earned discharge credits until the inmate reaches an initial parole date pursuant § 24-15A-32 or an initial parole eligibility date pursuant to § 24-15-5 .

Source: SL 2018, ch 154, § 13.
S.D. Codified Laws § 24-11-19 — SD Code / Title 24 / Chapter 11 / Section 24-11-19
Separation of sexes
Status: in_force

All jails shall confine persons of different sexes apart from each other.

Source: SDC 1939, § 13.4601; SL 1981, ch 195, § 6.
S.D. Codified Laws § 24-14-9 — SD Code / Title 24 / Chapter 14 / Section 24-14-9
Notice requirements on application for exceptional pardon--Reference by Governor
Status: in_force

Applications for exceptional pardons shall be in accordance with §§ 24-14-3 and 24-14-5 . The notice requirement contained in § 24-14-4 does not apply to exceptional pardons.

Source: SL 1974, ch 169, § 3; SDCL Supp, § 23-59-12; SL 1978, ch 186, § 42; SL 2003, ch 140, § 4.
S.D. Codified Laws § 24-13-8 — SD Code / Title 24 / Chapter 13 / Section 24-13-8
Board process for witnesses and evidence--Administration of oaths
Status: in_force

The Board of Pardons and Paroles may issue process requiring the presence of any person before it and require the production of papers, records, and exhibits in any matter pending before it. Any member of the board may administer oaths to witnesses appearing before it.

Source: SL 1961, ch 46, § 5; SDCL, § 23-58-8; SL 1978, ch 186, § 12.
S.D. Codified Laws § 24-15-13 — SD Code / Title 24 / Chapter 15 / Section 24-15-13
Legal custody of parolee--Conviction remains in effect
Status: in_force

Each parolee shall at all times be considered confined, in the legal custody of the Department of Corrections, and shall remain under conviction for the crime for which the parolee was convicted and sentenced.

Source: SDC 1939, § 13.5306; SL 1964, ch 33, § 7; SDCL, § 23-60-21; SL 1978, ch 186, § 28; SL 1992, ch 177, § 22; SL 2004, ch 168, § 61.
S.D. Codified Laws § 24-11-35 — SD Code / Title 24 / Chapter 11 / Section 24-11-35
Prevention of escape while working
Status: in_force

The officer in charge of prisoners sentenced to labor pursuant to § 24-11-28 may use all reasonable means necessary to prevent escape or to enforce obedience.

Source: SDC 1939, § 13.4619.
S.D. Codified Laws § 24-15A-45 — SD Code / Title 24 / Chapter 15A / Section 24-15A-45
Evidence-based practices targeting parolee's criminal risk and need factors
Status: in_force

Parolee supervision shall use evidence-based practices and shall target the parolee's criminal risk and need factors with appropriate supervision and intervention, focusing resources on moderate-risk and high-risk offenders.

Parole supervision shall include:

(1) Use of validated risk and needs assessments of the parolee measuring criminal risk factors, specific individual needs and driving variable supervision levels;

(2) Use of assessment results to guide supervision responses consistent with evidence-based practices as to the level of supervision and the practices used to reduce recidivism;

(3) Collateral and personal contacts, some unscheduled, with the offender and community and with a frequency consistent with the parolee's supervision level and risk of re-offense, staying informed of the parolee's conduct, compliance with conditions, and progress in community based intervention;

(4) Case planning for each parolee assessed as moderate-risk to high-risk to reoffend; and

(5) Use of practical and suitable methods that are consistent with evidence-based practices to aid and encourage the parolee to improve his or her conduct and circumstances and to reduce the risk of recidivism.

Source: SL 2013, ch 101, § 27.
S.D. Codified Laws § 24-11-24 — SD Code / Title 24 / Chapter 11 / Section 24-11-24
Posting and distribution of policies and procedures
Status: in_force

The sheriff or officer in charge of each jail shall, on the receipt of such policies and procedures, cause them to be posted and kept posted in some conspicuous place accessible to all prisoners in the jail or provide a copy to each prisoner upon admission.

Source: SDC 1939, § 13.4603; SL 1981, ch 195, § 8; SL 1983, ch 198, § 6.
S.D. Codified Laws § 24-15A-3 — SD Code / Title 24 / Chapter 15A / Section 24-15A-3
Crimes committed after July 1, 1996
Status: in_force

The provisions of §§ 24-2-9 , 24-2-12 , 24-2-12.1 , 24-2-12.2 , 24-2-17 , 24-2-18 , 24-5-1 , 24-5-2 , 24-5-7 , 24-13-6 , 24-13-7 , 24-13-10 , 24-15-1 , 24-15-1.1 , 24-15-1.2 , 24-15-2 , 24-15-3 , 24-15-5 , 24-15-6 , 24-15-7 , 24-15-7.1 , 24-15-8 , 24-15-10 , 24-15-11 , 24-15-12 , 24-15-15 , 24-15-20 , 24-15-24 , and 24-15-25 do not apply to any person sentenced to prison for a crime committed after July 1, 1996.

Source: SL 1996, ch 158, § 2; SL 2004, ch 171, § 3; SL 2012, ch 138, § 3.
S.D. Codified Laws § 24-5-1 — SD Code / Title 24 / Chapter 5 / Section 24-5-1
Graduated scale of reductions from sentence for good conduct
Status: in_force

Every inmate sentenced for any term less than life, or who has had an indeterminate sentence set at a term of years, or who has had a life sentence commuted to a term of years, and subject to the provisions of §§ 24-2-17 and 24-2-18 , is entitled to a deduction of four months from his or her sentence for each year and pro rata for any part of a year for the first year to the tenth, and six months for the tenth year and for each year thereafter until the expiration of the period of the sentence as pronounced by the court, for good conduct.

Source: SDC 1939, § 13.4718; SL 1939, ch 33; SL 1943, ch 47; SL 1959, ch 41, § 1; SL 1965, ch 34; SL 1988, ch 196, § 1; SL 2004, ch 168, § 21.
S.D. Codified Laws § 24-15-24 — SD Code / Title 24 / Chapter 15 / Section 24-15-24
Revocation or modification of parole
Status: in_force

If the Board of Pardons and Paroles is satisfied that any provision of § 24-15-20 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 reduction of time in full or in part for good conduct granted under § 24-5-1 and withdraw time granted toward a partial early final discharge. If the board does not find that the provisions of § 24-15-20 have been violated, the board may restore the parolee to the original or modified terms and conditions of parole.

Source: SDC 1939, § 13.5307; SL 1955, ch 31, § 5; SL 1957, ch 36, § 3; SL 1964, ch 33, § 8; SDCL § 23-60-22; SL 1978, ch 186, § 31; SL 1983, ch 201; SL 1986, ch 210; SL 2004, ch 168, § 65; SL 2011, ch 128, § 7.
S.D. Codified Laws § 24-2-27 — SD Code / Title 24 / Chapter 2 / Section 24-2-27
Facilities, programs, or services outside correctional facilities--Contracts with other agencies for care of inmates--No right or court order for housing in particular facility or participation in specific program or services--Escape
Status: in_force

The Department of Corrections may establish and maintain facilities, programs, or services outside the precincts of a state correctional facility and contract with other governmental entities for the care and maintenance of inmates committed to the Department of Corrections. However, the court may not order that an inmate be housed in any particular facility nor may the court order that an inmate be placed in a specific program or receive specific services. No inmate has any implied right or expectation to be housed in any particular facility, participate in any specific program, or receive any specific service. Each inmate is subject to transfer from any one facility, program, or service at the discretion of the secretary of corrections or a designee of the secretary. Any escape from a state correctional facility or from a facility, program, or service maintained outside a state correctional facility is a violation of § 22-11A-2 or 22-11A-2 .1. Venue for a prosecution for an escape from any facility is the county where the acts constituting the escape take place.

Source: SL 1983, ch 199, § 5; SL 1984, ch 138, § 2; SL 1985, ch 192, § 54; SL 1986, ch 198; SL 1986, ch 200; SL 1989, ch 20, § 103; SL 2004, ch 168, § 16; SL 2017, ch 110, § 1; SL 2023, ch 82, § 73.
S.D. Codified Laws § 24-15A-49 — SD Code / Title 24 / Chapter 15A / Section 24-15A-49
Report of graduated sanction
Status: in_force

The Department of Corrections shall report semiannually to the oversight council the number and percentage of parolees who received a graduated sanction.

Source: SL 2013, ch 101, § 33.
S.D. Codified Laws § 24-15-16 — SD Code / Title 24 / Chapter 15 / Section 24-15-16
Interstate agreements for supervision and return of parolees unimpaired
Status: in_force

Nothing in this chapter affects the authority of the Governor to enter into compacts with other states, through their duly constituted authorities, for reciprocal supervision of persons placed on probation or released on parole and for the reciprocal return of such persons to the contracting states for violation of the terms of their parole or probation.

Source: SL 1978, ch 186, § 18; SL 2004, ch 168, § 63.
S.D. Codified Laws § 24-13-16 — SD Code / Title 24 / Chapter 13 / Section 24-13-16
Auxiliary member not to serve as chair
Status: in_force

No auxiliary member may serve as chair of the Board of Pardons and Paroles.

Source: SL 2015, ch 144, § 4.
S.D. Codified Laws § 24-15A-34 — SD Code / Title 24 / Chapter 15A / Section 24-15A-34
Individual program directives for inmates
Status: in_force

Within thirty days of admission to the department, the department shall establish an individual program directive for each inmate which may include the following:

(1) Required work, school, or program participation;

(2) Refraining from conduct evincing an intent to reoffend; and

(3) Required conduct in accordance with the rules and policies of the department and its institutions.

The individual program directive may be modified by a classification board for reasons including program completion, changes in classification or housing status, medical or mental health needs or resource availability. Each inmate shall be notified in writing of the inmate's individual program directive and any modifications to it.

Source: SL 1996, ch 158, § 33.
S.D. Codified Laws § 24-15-4 — SD Code / Title 24 / Chapter 15 / Section 24-15-4
Inmate sentenced to life imprisonment ineligible for parole--Exception
Status: in_force

No inmate sentenced to life imprisonment is eligible for parole by the Board of Pardons and Paroles except as provided in §§ 24-15A-55 to 24-15A-68 , inclusive.

Source: SDC 1939, § 13.5302; SL 1964, ch 33, § 5; SDCL § 23-60-15; SL 1978, ch 186, § 21; SL 2004, ch 168, § 55; SL 2018, ch 154, § 11.
S.D. Codified Laws § 24-14-12 — SD Code / Title 24 / Chapter 14 / Section 24-14-12
Application of §22-14-15to person granted pardon by Governor
Status: in_force

Notwithstanding the provisions of § 24-14-11 , the provisions of § 22-14-15 continue to apply to any person granted a pardon by the Governor, unless the Governor specifies otherwise in the order granting the pardon.

Source: SL 1986, ch 203.
S.D. Codified Laws § 24-7-5 — SD Code / Title 24 / Chapter 7 / Section 24-7-5
Appointment of director of prison industries
Status: in_force

The secretary of corrections may appoint a director of prison industries who shall supervise the operation of the various prison industries.

Source: SL 1947, ch 265, § 2; SL 1955, ch 30; SDC Supp 1960, § 13.47A02; SL 1989, ch 20, § 126; SL 1991, ch 206, § 1.
S.D. Codified Laws § 24-15A-11.2 — SD Code / Title 24 / Chapter 15A / Section 24-15A-11.2
Review of denial of pardon recommendation
Status: in_force

A denial of a pardon recommendation by a panel shall be reviewed by the board. The board may adopt, modify, or reject the denial and recommend a pardon.

Source: SL 2019, ch 118, § 4.
S.D. Codified Laws § 24-11-5 — SD Code / Title 24 / Chapter 11 / Section 24-11-5
Confinement of fugitive from justice--Compensation
Status: in_force

Any county jail may be used for the safekeeping of any fugitive from justice in this state, in accordance with the provisions of any act of Congress, and the jailer shall in such case be entitled to reasonable compensation for the support and custody of such fugitive from the officer having him in custody.

Source: SDC 1939, § 13.4611.
S.D. Codified Laws § 24-15A-19 — SD Code / Title 24 / Chapter 15A / Section 24-15A-19
Consecutive sentencing--Determination of initial parole date
Status: in_force

In the determination of an inmate's initial parole date, two or more convictions arising from the same transaction, for which the sentences are made to run consecutively, shall be considered as one conviction. Two or more sentences arising from different transactions for which the sentences are made to run consecutively shall be considered as separate convictions. For a person receiving two or more sentences which are made to run consecutively, time to serve to initial parole shall be calculated individually for each sentence then added to determine actual first parole date. In cases of different transactions, at least one occurring prior to July 1, 1996, and at least one occurring on or after July 1, 1996, time to initial parole shall be calculated by adding the time to serve to initial parole on transactions occurring on or after July 1, 1996, to the parole eligibility date of the transactions occurring prior to July 1, 1996, unless the subsequent transaction is a result of a crime committed as an inmate pursuant to § 24-15A-20 .

In cases of different transactions, where at least one transaction has a discretionary parole date as a result of a parole revocation pursuant to § 24-15-24 , § 24-15A-29 , or as a result of noncompliance pursuant to § 24-15A-39 , and at least one transaction has an initial parole date pursuant to § 24-15A-32 , time to initial parole shall be calculated by adding the time to serve to parole on transactions with an initial parole date to the parole eligibility date on transactions with a discretionary date. Parole eligibility as used in this section is the date the inmate is next eligible for a parole hearing based on transactions with a discretionary date.

Source: SL 1996, ch 158, § 18; SL 2007, ch 153, § 1.
S.D. Codified Laws § 24-8-13 — SD Code / Title 24 / Chapter 8 / Section 24-8-13
Conditionally released inmate not agent of state
Status: in_force

No inmate being employed or trained in the community under the provisions of this chapter is an agent, employee, or involuntary servant of the Department of Corrections while released pursuant to the provisions of this chapter.

Source: SL 1967, ch 32, § 4; SL 1989, ch 20, § 152.
S.D. Codified Laws § 24-2-37 — SD Code / Title 24 / Chapter 2 / Section 24-2-37
Training on symptoms of mental health problems and defusing mental health crises
Status: in_force

Officers within any state prison shall receive training 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, § 27.
S.D. Codified Laws § 24-14-8 — SD Code / Title 24 / Chapter 14 / Section 24-14-8
Application for exceptional pardon--Persons eligible
Status: in_force

Upon the expiration of five years following the release of an applicant from a Department of Corrections facility who was convicted of not more than one felony, which was not an offense punishable by life imprisonment, the applicant may apply to the Board of Pardons and Paroles for an exceptional pardon. If an applicant was convicted of a crime that did not result in the applicant subsequently serving a prison sentence, the applicant may apply for an exceptional pardon if at least five years have passed from the date of the applicant's offense, if the applicant was not convicted of more than one felony, and if the offense was not punishable by life imprisonment.

Source: SL 1974, ch 169, § 2; SDCL Supp, § 23-59-11; SL 1978, ch 186, § 41; SL 2005, ch 132, § 7.
S.D. Codified Laws § 24-2-30 — SD Code / Title 24 / Chapter 2 / Section 24-2-30
Policy on inmate work
Status: in_force

It is the policy of the State of South Dakota that each inmate of a Department of Corrections facility shall be employed or work in some productive capacity if there is a suitable work situation. Any inmate may be required to work without compensation as a condition of confinement.

Source: SL 1994, ch 187, § 1; SL 2004, ch 168, § 19.
S.D. Codified Laws § 24-15-9 — SD Code / Title 24 / Chapter 15 / Section 24-15-9
Transfer of inmate to Human Services Center--Return to correctional facility
Status: in_force

The Board of Pardons and Paroles may order the Department of Corrections to transfer any inmate to the Human Services Center. The director of the human services center shall notify the Department of Corrections when the inmate is ready to be transferred back to the state correctional facility. Upon receipt of the notice, the Department of Corrections shall within five days bring the inmate back to the state correctional facility.

Source: SL 1967, ch 31; SDCL, §§ 23-60-28 to 23-60-30; SL 1978, ch 186, § 15; SL 1992, ch 177, § 20; SL 2023, ch 82, § 85.
S.D. Codified Laws § 24-13-2 — SD Code / Title 24 / Chapter 13 / Section 24-13-2
Terms of board members--Vacancies--Training
Status: in_force

The members of the board shall serve for terms of four years. Members are eligible for reappointment. The Governor, the attorney general, and the Supreme Court each shall appoint three members, whose terms shall expire on the third Monday in January of the fourth year after appointment. Each member shall serve until a successor takes office as provided by law. In case of a vacancy, the appointing power shall make an interim appointment to expire at the end of the next legislative session. Each member of the board shall complete annual training developed in consideration of information from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association and shall be compensated for the training at a rate to be determined by the Department of Corrections. Each first-time appointee of the board shall, within sixty days of appointment, complete training for first-time parole board members developed in consideration of information from the National Institute of Corrections, the Association of Paroling Authorities, or the American Probation and Parole Association. Training components shall include the use of a validated risk and needs assessment and the use of data guided by evidence-based practices for making parole decisions.

Source: SL 1961, ch 46, § 1; SDCL § 23-58-1; SL 1978, ch 186, § 3; SL 1992, ch 177, § 3; SL 2002, ch 123, § 2; SL 2013, ch 101, § 34.
S.D. Codified Laws § 24-11-38 — SD Code / Title 24 / Chapter 11 / Section 24-11-38
Malfeasance by jail officials--Misdemeanor
Status: in_force

Any officer or person having charge of any jail who refuses or intentionally neglects to perform any duty required by the provisions of this chapter or the policies and procedures implemented through the provisions of § 24-11-23 , is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 13.4620; SL 1979, ch 161, § 11; SL 1980, ch 185, § 3; SL 1983, ch 198, § 9.
S.D. Codified Laws § 24-2-5 — SD Code / Title 24 / Chapter 2 / Section 24-2-5
Disposition of inmate's personal effects
Status: in_force

A correctional facility official shall mail to the destination of the inmate's choice, at the expense of the inmate, all effects, except money, in possession of each inmate when committed to the correctional facility. Money shall be deposited in the inmate's personal institutional account.

Source: SDC 1939, § 13.4721; SL 1981, ch 193, § 3; SL 1989, ch 20, § 86; SL 2023, ch 82, § 65.
S.D. Codified Laws § 24-11-30 — SD Code / Title 24 / Chapter 11 / Section 24-11-30
Sentence for violation of state law--Work performed under direction of county board and for county
Status: in_force

Whenever a sentence is for violation of a state law, and the prisoner is confined in a county jail, the labor described by §§ 24-11-28 and 24-11-29 shall be performed under the direction of the board of county commissioners and superintended by the sheriff, who shall furnish necessary materials and tools at the expense of the county, and the county shall be entitled to the benefit thereof subject to the provisions of this chapter.

Source: SDC 1939, § 13.4616.
S.D. Codified Laws § 24-11-13 — SD Code / Title 24 / Chapter 11 / Section 24-11-13
Officer in charge of jail--Conformance to policies and procedures
Status: in_force

The sheriff or other officer designated by law or ordinance shall have charge of the jail of his county or municipality and of all persons by law confined therein.

The officer in charge of any jail shall conform in all respects to the policies and procedures required by § 24-11-23 .

Source: SDC 1939, § 13.4605; SL 1981, ch 195, § 3; SL 1983, ch 198, § 3.
S.D. Codified Laws § 24-15A-20 — SD Code / Title 24 / Chapter 15A / Section 24-15A-20
Consecutive sentencing--Parole eligibility
Status: in_force

If a person is convicted of a felony while an inmate under the custody of the warden of the Department of Corrections, the sentence shall run consecutively and the person is not eligible for consideration for parole until serving the last of all such consecutive sentences, unless the sentencing court specifically orders otherwise. The parole date shall be established subject to the provisions of § 24-15A-32 . This section does not apply to a person who commits a felony while on parole as defined in § 24-15A-15 .

Source: SL 1996, ch 158, § 19; SL 2004, ch 164, § 3; SL 2023, ch 82, § 92.
S.D. Codified Laws § 24-15A-44 — SD Code / Title 24 / Chapter 15A / Section 24-15A-44
Effect of validity of chapter
Status: in_force

If the provisions of this chapter are found invalid, good time and parole eligibility provisions shall revert to those in effect at the time of the passage of this chapter.

Source: SL 1996, ch 158, § 43.
S.D. Codified Laws § 24-2-32 — SD Code / Title 24 / Chapter 2 / Section 24-2-32
Involuntary treatment with psychotropic medication for severe mental illness
Status: in_force

An inmate may be involuntarily treated with psychotropic medication if it is determined that the inmate 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 the likelihood of serious harm to self or others.

Source: SL 1996, ch 159, § 1.
S.D. Codified Laws § 24-15-7 — SD Code / Title 24 / Chapter 15 / Section 24-15-7
Effect of consecutive sentences on eligibility for consideration for parole
Status: in_force

In the determination of an inmate's eligibility for consideration for parole, two or more convictions arising from the same transaction, for which the sentences are made to run consecutively, shall be considered as one conviction. Two or more sentences arising from different transactions for which the sentences are made to run consecutively shall be considered as separate convictions. In determining the eligibility date for a person receiving two or more sentences which are made to run consecutively, the sentences shall be added together and the total number of convictions shall then determine the total amount of time to be served before becoming eligible for consideration for parole subject to the provisions of § 24-15-5 .

Source: SL 1978, ch 186, § 23; SL 1983, ch 199, § 2; SL 1986, ch 207.