reglab/housing_qa huggingface dataset:
SD Codified L § 23A-27A-31.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-31.1 - Segregation of defendant from other inmates--Access to defendant by others limited.

23A-27A-31.1. Segregation of defendant from other inmates--Access to defendant by others limited.From the time of delivery to the penitentiary until the infliction of the punishment of death upon the defendant, unless lawfully discharged from such imprisonment, the defendant shall be segregated from other inmates at the penitentiary. No other person may be allowed access to the defendant without an order of the trial court except penitentiary staff, Department of Corrections staff, the defendant's counsel, members of the clergy if requested by the defendant, and members of the defendant's family. Members of the clergy and members of the defendant's family are subject to approval by the warden before being allowed access to the defendant. Source: SL 2008, ch 117, §24.
SD Codified L § 23A-27A-31.2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-31.2 - Confidentiality of identity of person or entity supplying or administering intravenous injection substance--Violation as misdemeanor.

23A-27A-31.2. Confidentiality of identity of person or entity supplying or administering intravenous injection substance--Violation as misdemeanor.The name, address, qualifications, and other identifying information relating to the identity of any person or entity supplying or administering the intravenous injection substance or substances under chapter 23A-27A are confidential. Disclosure of the foregoing information may not be authorized or ordered. Disclosure of confidential information pursuant to this section concerning the execution of an inmate under chapter 23A-27A is a Class 1 misdemeanor. Source: SL 2008, ch 117, §25; SL 2013, ch 113, §1.
SD Codified L § 23A-27A-32 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-32 - Place and manner of execution--Qualifications to administer intravenous injection--Substances dispensed to warden without prescription.

23A-27A-32. Place and manner of execution--Qualifications to administer intravenous injection--Substances dispensed to warden without prescription.The punishment of death shall be inflicted within the walls of some building at the state penitentiary. The punishment of death shall be inflicted by the intravenous injection of a substance or substances in a lethal quantity. The warden, subject to the approval of the secretary of corrections, shall determine the substances and the quantity of substances used for the punishment of death. An execution carried out by intravenous injection shall be performed by persons trained to administer the injection who are selected by the warden and approved by the secretary of corrections. The persons administering the intravenous injection need not be physicians, registered nurses, licensed practical nurses, or other medical professionals licensed or registered under the laws of this or any other state. Any infliction of the punishment of death by intravenous injection of a substance or substances in the manner required by this section may not be construed to be the practice of medicine. Any pharmacist or pharmaceutical supplier is authorized to dispense to the warden the substance or substances used to inflict the punishment of death without prescription, for carrying out the provisions of this section, notwithstanding any other provision of law. Source: SL 1939, ch 135, §11; SDC Supp 1960, §34.37A11; SDCL §23-49-20; SL 1979, ch 160, §34; SL 1984, ch 181; SL 2007, ch 151, §1; SL 2008, ch 117, §26.
SD Codified L § 23A-27A-32.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-32.1 - Execution of persons convicted before July 1, 2007--Choice of manner of execution.

23A-27A-32.1. Execution of persons convicted before July 1, 2007--Choice of manner of execution.Any person convicted of a capital offense or sentenced to death prior to July 1, 2007 may choose to be executed in the manner provided in §23A-27A-32 or in the manner provided by South Dakota law at the time of the person's conviction or sentence. The person shall choose by indicating in writing to the warden not less than seven days prior to the scheduled week of execution the manner of execution chosen. If the person fails or refuses to choose in the time provided under this section, then the person shall be executed as provided in §23A-27A-32. Source: SL 2007, ch 151, §2.
SD Codified L § 23A-27A-33 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-33 - Place for persons and equipment provided at penitentiary.

23A-27A-33. Place for persons and equipment provided at penitentiary.The Department of Corrections shall arrange for and provide a proper and suitable place at the state penitentiary for the custody of persons awaiting sentence of death and for the execution of the death sentence together with any and all proper equipment and appliances for the infliction of such punishment. Source: SL 1939, ch 135, §12; SDC Supp 1960, §34.37A12; SDCL, §23-49-21; SL 1979, ch 160, §35; SL 1989, ch 20, §68.
SD Codified L § 23A-27A-34 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-34 - Attendance at execution by attorney general, sentencing judge, state's attorney, sheriff, representatives of victim, news media, and additional citizens approved by warden.

23A-27A-34. Attendance at execution by attorney general, sentencing judge, state's attorney, sheriff, representatives of victim, news media, and additional citizens approved by warden.The warden of the penitentiary shall request, by at least two days' previous notice, the presence of the attorney general, the trial judge before whom the conviction was had or the judge's successor in office, the state's attorney and sheriff of the county where the crime was committed, representatives of the victim, at least one member of the news media, and a number of reputable adult citizens to be determined by the warden. All witnesses and persons present at an execution are subject to approval by the warden. Source: SL 1939, ch 135, §13; SL 1939, ch 136; SDC Supp 1960, §34.37A13; SDCL §23-49-22; SL 1979, ch 160, §36; SL 2007, ch 152, §1; SL 2008, ch 117, §27.
SD Codified L § 23A-27A-34.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-34.1 - Attendance at execution by person trained to pronounce death, corrections staff, and law enforcement officers.

23A-27A-34.1. Attendance at execution by person trained to pronounce death, corrections staff, and law enforcement officers.The warden shall arrange for the attendance of a person trained to examine the defendant and pronounce death and for the attendance of such penitentiary staff, Department of Corrections staff, and law enforcement officers as deemed necessary to perform the execution and maintain security. Source: SL 2008, ch 117, §29.
SD Codified L § 23A-27A-34.2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-34.2 - Witnesses permitted to defendant at execution.

23A-27A-34.2. Witnesses permitted to defendant at execution.The defendant is permitted to have up to five witnesses present at the execution. Witnesses for the defendant may include counsel, members of the clergy, relatives, or friends. Source: SL 2008, ch 117, §30.
SD Codified L § 23A-27A-36 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-36 - Other persons not permitted to attend.

23A-27A-36. Other persons not permitted to attend.The warden may not permit any person to be present at the execution other than those designated in §§23A-27A-32, 23A-27A-34, 23A-27A-34.1, and 23A-27A-34.2 and may not permit the presence of any person under the age of eighteen years. Source: SL 1939, ch 135, §13; SL 1939, ch 136; SDC Supp 1960, §34.37A13; SDCL §23-49-24; SL 1979, ch 160, §38; SL 2008, ch 117, §31.
SD Codified L § 23A-27A-37 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-37 - Secrecy of execution time--Disclosure as misdemeanor.

23A-27A-37. Secrecy of execution time--Disclosure as misdemeanor.Prior to the announcement required in §23A-27A-17, the scheduled day and time fixed by the warden for the execution shall be kept secret and in no manner divulged except privately to the persons invited or requested to be present as provided by §§23A-27A-32, 23A-27A-34, 23A-27A-34.1, and 23A-27A-34.2. It is a Class 2 misdemeanor for any person to divulge such invitation to anyone or in any manner disclose the scheduled day and time of the execution prior to the announcement required in §23A-27A-17. Source: SL 1939, ch 135, §13; SL 1939, ch 136; SDC Supp 1960, §34.37A13; SDCL §23-49-25; SL 1979, ch 160, §39; SL 2008, ch 117, §32.
SD Codified L § 23A-27A-37.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-37.1 - Disability of warden--Appointment of deputy or other officer.

23A-27A-37.1. Disability of warden--Appointment of deputy or other officer.In case of disability of the warden to whom the warrant of death sentence and execution is directed, the secretary of corrections shall appoint the deputy warden or such other officer of the Department of Corrections as may be necessary to carry out the warrant of death sentence and execution and to perform all other duties imposed upon the warden by this chapter. Source: SL 2008, ch 117, §34.
SD Codified L § 23A-27A-37.2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-37.2 - Postmortem examination by county coroner.

23A-27A-37.2. Postmortem examination by county coroner.After the execution, the county coroner shall conduct a postmortem examination of the body of the defendant. The county coroner shall report in writing the result of the examination, stating the nature thereof and the finding made. The report shall be annexed to the certificate of execution mentioned in §23A-27A-40.1 and filed therewith. Source: SL 2008, ch 117, §35.
SD Codified L § 23A-27A-37.3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-37.3 - Autopsy.

23A-27A-37.3. Autopsy.Following the death of the defendant by execution, the body may be subject to an autopsy pursuant to §24-1-27 and chapter 23-14. Any final autopsy report shall be annexed to and filed with the certificate of execution mentioned in §23A-27A-40.1. Source: SL 2008, ch 117, §36.
SD Codified L § 23A-27A-39 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-39 - Interment of body unless claimed by relative.

23A-27A-39. Interment of body unless claimed by relative.After the postmortem examination and any autopsy, the body of the defendant, unless claimed by some relative, shall be interred in a cemetery within the county where the penitentiary is situated. Source: SL 1939, ch 135, §13; SL 1939, ch 136; SDC Supp 1960, §34.37A13; SDCL §23-49-27; SL 1979, ch 160, §41; SL 2007, ch 152, §3; SL 2008, ch 117, §37.
SD Codified L § 23A-27A-40.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-40.1 - Certificate of execution.

23A-27A-40.1. Certificate of execution.The warden or corrections official attending and in charge of the execution shall prepare and sign a certificate of execution setting forth the date, time, place, and manner of execution, and that the defendant was executed in conformity to the judgment of the court and the provisions of this chapter. The certificate of execution document shall be signed by each of the witnesses of the execution attending as allowed in §23A-27A-34 and §23A-27A-34.2. The warden or corrections official shall cause the certificate of execution to be filed in the office of the clerk of the sentencing court within ten days after the execution. The original or a certified copy of the death certificate, postmortem examination, and any autopsy report shall be filed with the clerk of the sentencing court within ten days of receipt by the warden or corrections official. Source: SL 2008, ch 117, §39.
SD Codified L § 23A-27A-42 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-42 - Death penalty prohibited for defendant younger than eighteen when offense committed.

23A-27A-42. Death penalty prohibited for defendant younger than eighteen when offense committed.The penalty of death may not be imposed upon any defendant for any offense committed when the defendant was less than eighteen years of age. Source: SL 2004, ch 166, §1.
SD Codified L § 23A-27A-43 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-43 - Immunity of persons participating and cooperating in execution.

23A-27A-43. Immunity of persons participating and cooperating in execution.Any person or party participating in good faith in the execution of an inmate under this chapter is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity for participation in any judicial proceeding resulting from the execution. Immunity also extends in the same manner to any persons who in good faith cooperate in the execution of an inmate under this chapter. Source: SL 2008, ch 117, §40.
SD Codified L § 23A-27A-44 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 27A - Capital Punishment|Section 23A-27A-44 - Effect of amendment and repeal of sections.

23A-27A-44. Effect of amendment and repeal of sections.As to any defendant who has been sentenced to death and who is awaiting execution prior to July 1, 2008, the amendment and repeal of existing sections and enactment of new sections in this chapter do not impair or affect any act done, offense committed, or right accruing, accrued, or acquired, or liability, penalty, forfeiture, or punishment incurred prior to July 1, 2008. However, the provisions of existing statute may be asserted, enforced, prosecuted, or inflicted, as fully and to the same extent as if the amendment and repeal of existing sections and enactment of new sections in this chapter had not been subsequently enacted. Source: SL 2008, ch 117, §42.
SD Codified L § 23A-28-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28 - Restitution To Victims Of Crime|Section 23A-28-1 - Policy of state--Enforcement of order.

23A-28-1. Policy of state--Enforcement of order.It is the policy of this state that restitution shall be made by each violator of the criminal laws to the victims of the violator's criminal activities to the extent that the violator is reasonably able to do so. An order of restitution may be enforced by the state or a victim named in the order to receive the restitution in the same manner as a judgment in a civil action. Source: SL 1978, ch 178, §355; SL 1985, ch 192, §50; SL 1997, ch 143, §1.
SD Codified L § 23A-28-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28 - Restitution To Victims Of Crime|Section 23A-28-2 - Definition of terms.

23A-28-2. Definition of terms. Terms used by this chapter mean:(1)"Community service restitution," public service work provided under court order that benefits the general public which includes: charitable agencies, governmental agencies, educational institutions, the handicapped, the elderly, the ecology, the church of the offender's choice, and any other agencies that the sentencing judge deems reasonably rehabilitative to the offender. No work service may result in gain to any private individual or to a private corporation;(2)"Criminal activities," includes any crime for which there is a plea of guilty or verdict of guilty upon which a judgment of conviction may be rendered and any other crime committed after June 30, 1979, which is admitted by the defendant, whether or not prosecuted. However, the term does not include petty offenses;(3)"Pecuniary damages," all damages which a victim could recover against the defendant in a civil action arising out of the same facts or event, except punitive damages and damages for pain, suffering, mental anguish, and loss of consortium. Without limitation, the term includes damages for wrongful death;(4)"Restitution," full or partial payment of pecuniary damages to a victim;(5)"Victim," any person, as defined in subdivision 22-1-2(31), who has suffered pecuniary damages as a result of the defendant's criminal activities, including any person or government agency who has by contract or by statute undertaken to indemnify another or to pay or provide a specified or determinable amount or benefit upon determinable contingencies. Any victim who has suffered pecuniary damages has priority of claim as opposed to any person or government agency who has a claim to indemnity or subrogation as a result of the same defendant's criminal activity. Source: SL 1978, ch 177, §1; SDCL Supp, §23-48A-1; SL 1978, ch 178, §354; SL 1979, ch 159, §21; SL 1981, ch 191, §1; SL 1994, ch 157, §5; SL 1995, ch 135; SL 2021, ch 109, § 1.
SD Codified L § 23A-28-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28 - Restitution To Victims Of Crime|Section 23A-28-3 - Plan of restitution--Present inability to make restitution--No pecuniary damages suffered--Hearing--Condition of parole.

23A-28-3. Plan of restitution--Present inability to make restitution--No pecuniary damages suffered--Hearing--Condition of parole.If the sentencing court orders the defendant to the county jail, suspended imposition of sentence, suspended sentence, or probation, the court may require as a condition that the defendant, in cooperation with the court services officer assigned to the defendant, promptly prepare a plan of restitution, including the name and address of each victim, a specific amount of restitution to each victim, and a schedule of restitution payments. If the defendant is presently unable to make any restitution, but there is a reasonable possibility that the defendant may be able to do so at some time during the defendant's probation period, the plan of restitution shall also state the conditions under which or the event after which the defendant will make restitution. If the defendant believes that no person suffered pecuniary damages as a result of the defendant's criminal activities, the defendant shall so state. If the defendant contests the amount of restitution recommended by the court services officer, the defendant is entitled to a hearing at which the court shall determine the amount. If the sentencing court orders the defendant to the state penitentiary and does not suspend the sentence, the court shall set forth in the judgment the names and specific amount of restitution owed each victim. The Department of Corrections shall establish the collection schedule for court-ordered restitution while the defendant is in the penitentiary and on parole. The Board of Pardons and Paroles shall require, as a condition of parole, that the defendant pay restitution ordered by the court. Source: SL 1978, ch 177, §2; SDCL Supp, §§23-48A-2, 23-48A-3; SL 1978, ch 178, §356; SL 1985, ch 192, §5; SL 1986, ch 196, §1; SL 1987, ch 179, §1; SL 1997, ch 143, §2; SL 1999, ch 124, §1.
SD Codified L § 23A-28-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28 - Restitution To Victims Of Crime|Section 23A-28-4 - Submission of restitution plan to court--Approval or modification.

23A-28-4. Submission of restitution plan to court--Approval or modification.The defendant's plan of restitution and the comments of defendant's court services officer shall be submitted promptly to the court. The court shall promptly enter an order approving the plan or modifying it and providing for restitution payments to the extent that the defendant is or may become reasonably able to make restitution, taking into account the factors enumerated in §23A-28-5. The court thereafter may modify the plan at any time upon the defendant's request or upon the court's own motion. Source: SL 1978, ch 177, §5; SDCL Supp, §23-48A-4; SL 1978, ch 178, §357; SL 1982, ch 28, §20.
SD Codified L § 23A-28-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28 - Restitution To Victims Of Crime|Section 23A-28-5 - Factors considered in formulating restitution plan.

23A-28-5. Factors considered in formulating restitution plan.The court services officer when assisting the defendant in preparing the plan of restitution and the court before approving or modifying the plan of restitution shall consider the physical and mental health and condition of the defendant, the defendant's age, the defendant's education, the defendant's employment circumstances, the defendant's potential for employment and vocational training, the defendant's family circumstances, the defendant's financial condition, the number of victims, the pecuniary damages of each victim, what plan of restitution will most effectively aid the rehabilitation of the defendant, and each victim, and such other factors as may be appropriate. Source: SL 1978, ch 177, §2; SDCL Supp, §23-48A-3; SL 1978, ch 178, §357; SL 1986, ch 196, §2; SL 1987, ch 179, §2; SL 1999, ch 124, §2.
SD Codified L § 23A-28-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28 - Restitution To Victims Of Crime|Section 23A-28-6 - Notice to victims of restitution plan--Civil action against defendant.

23A-28-6. Notice to victims of restitution plan--Civil action against defendant.The court services officer shall provide each known victim a copy of the court's order approving or modifying the plan of restitution for any defendant not serving his sentence in the state penitentiary. The executive director of the Board of Pardons and Paroles shall provide each known victim a copy of the schedule of restitution for each inmate placed on parole. If the victim is not satisfied with the approved or modified plan of restitution, the victim's exclusive remedy is a civil action against the defendant, which, if successful, may include attorney's fees. Source: SL 1978, ch 178, §359; SL 1979, ch 159, §2; SL 1986, ch 196, §3; SL 1987, ch 179, §3; SL 1999, ch 124, §3.
SD Codified L § 23A-28-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 28 - Restitution To Victims Of Crime|Section 23A-28-7 - Compliance with restitution plan as condition of probation or suspension--Payments to clerk.

23A-28-7. Compliance with restitution plan as condition of probation or suspension--Payments to clerk.Compliance with the plan of restitution as approved or modified by the court shall be a condition of the defendant's probation or suspension. Restitution payments shall be made to the office of the clerk unless otherwise ordered by the court. Source: SL 1978, ch 177, §2; SDCL Supp, §23-48A-2; SL 1978, ch 178, §357.