reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-42 - Procedural rules--Parole release standards.

24-15A-42. Procedural rules--Parole release standards.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-44 - Effect of validity of chapter.

24-15A-44. Effect of validity of chapter.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-45 - Evidence-based practices targeting parolee's criminal risk and need factors.

24-15A-45. Evidence-based practices targeting parolee's criminal risk and need factors.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-46 - Training on evidence-based practices and criminal risk factors.

24-15A-46. Training on evidence-based practices and criminal risk factors.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-47 - Report on implementation of supervision practices and training.

24-15A-47. Report on implementation of supervision practices and training.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-48 - Response to violation of supervision conditions.

24-15A-48. Response to violation of supervision conditions.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-49 - Report of graduated sanction.

24-15A-49. Report of graduated sanction.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-50 - Award of earned discharge credits.

24-15A-50. Award of earned discharge credits.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-50.1 - Additional earned discharge credits.

24-15A-50.1. Additional earned discharge credits.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-51 - Report of eligibility for award of discharge credits.

24-15A-51. Report of eligibility for award of discharge credits.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-52 - Review of ineligibility determination.

24-15A-52. Review of ineligibility determination.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-53 - Report of parolees qualifying for earned discharge credits.

24-15A-53. Report of parolees qualifying for earned discharge credits.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-54 - Transfer to administrative financial accountability system.

24-15A-54. Transfer to administrative financial accountability system.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-55 - Eligibility for compassionate parole.

24-15A-55. Eligibility for compassionate parole.
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;
is eligible for compassionate parole consideration.
Source:
SL 2018, ch 154, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-56 - Referral for compassionate parole hearing.

24-15A-56. Referral for compassionate parole hearing.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-57 - Factors for consideration in determining grant or denial of compassionate parole.

24-15A-57. Factors for consideration in determining grant or denial of compassionate parole.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-58 - Release plan to ensure health care expenses will be paid by inmate or third party payer.

24-15A-58. Release plan to ensure health care expenses will be paid by inmate or third party payer.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-59 - Grant or denial of compassionate parole--Reconsideration--Removal from consideration.

24-15A-59. Grant or denial of compassionate parole--Reconsideration--Removal from consideration.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-60 - Inmate who reaches parole eligibility date or initial parole date not eligible for compassionate parole.

24-15A-60. Inmate who reaches parole eligibility date or initial parole date not eligible for compassionate parole.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-61 - Inmate granted compassionate parole subject to statutory requirements.

24-15A-61. Inmate granted compassionate parole subject to statutory requirements.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-62 - Due process interest in compassionate parole not created--Decision of board final.

24-15A-62. Due process interest in compassionate parole not created--Decision of board final.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-63 - Extended confinement.

24-15A-63. Extended confinement.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-64 - Promulgation of rules regarding compassionate parole.

24-15A-64. Promulgation of rules regarding compassionate parole.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-65 - Inmate on compassionate parole ineligible for earned discharge credits.

24-15A-65. Inmate on compassionate parole ineligible for earned discharge credits.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-66 - Effect of revocation of compassionate parole.

24-15A-66. Effect of revocation of compassionate parole.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-67 - Conditions of compassionate parole.

24-15A-67. Conditions of compassionate parole.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 15A - Adult State Correctional Parole System › Section 24-15A-68 - Compassionate parole requirements not applicable to paroled inmate who reached initial parole date or parole eligibility date.

24-15A-68. Compassionate parole requirements not applicable to paroled inmate who reached initial parole date or parole eligibility date.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-1 - Marriage defined--Consent and solemnization required.

25-1-1. Marriage defined--Consent and solemnization required.
Marriage is a personal relation, between a man and a woman, arising out of a civil contract to which the consent of parties capable of making it is necessary. Consent alone does not constitute a marriage; it must be followed by a solemnization.
Source:
SDC 1939, §14.0101; SL 1959, ch 50, §1; SL 1996, ch 161.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-5 - Manifestation and proof of consent and consummation of marriage.

25-1-5. Manifestation and proof of consent and consummation of marriage.
Consent to and subsequent consummation of marriage may be manifested in any form and may be proved under the same general rules of evidence as facts in other cases.
Source:
SDC 1939, §14.0105.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-6 - Incestuous marriages void.

25-1-6. Incestuous marriages void.
Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, or aunts and nephews, and between cousins of the half as well as of the whole blood, are null and void from the beginning, whether the relationship is legitimate or illegitimate. The relationships provided for in this section include such relationships that arise through adoption.
Source:
SDC 1939, §14.0106 (1); SL 1994, ch 165, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-7 - Marriage with stepchild void.

25-1-7. Marriage with stepchild void.
Every marriage of a stepfather with a stepdaughter or a stepmother with a stepson is null and void from the beginning.
Source:
SDC 1939, §14.0106 (2).
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-8 - Bigamous marriage void--Former spouse absent or believed dead.

25-1-8. Bigamous marriage void--Former spouse absent or believed dead.
A subsequent marriage contracted by any person during the life of a former husband or wife of such person with any person other than such former husband or wife, is null and void from the beginning, unless the former marriage has been annulled or dissolved, or unless such former husband or wife was absent and not known to such person to be living for the space of five successive years immediately preceding such subsequent marriage, or was generally reputed and was believed by such person to be dead at the time such subsequent marriage was contracted, in either of which cases the subsequent marriage is valid until its nullity is adjudged by a competent tribunal.
Source:
SDC 1939, §14.0106 (3).
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-9 - Age of consent to marriage with and without parental consent.

25-1-9. Age of consent to marriage with and without parental consent.
Any unmarried applicant for a marriage license who is eighteen years old or older, and who is not otherwise disqualified, is capable of consenting to and consummating a marriage. If either applicant for a marriage license is between the age of sixteen and eighteen, that applicant shall submit to the register of deeds a notarized statement of consent to marry from one parent or legal guardian of the applicant.
Source:
SDC 1939, §14.0109; SL 1961, ch 52; SL 1975, ch 178, §1; SL 1993, ch 191, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-10 - License required for marriage--Fee--Disposition of fees--Form--Certified copies--Fee.

25-1-10. License required for marriage--Fee--Disposition of fees--Form--Certified copies--Fee.
Previous to any marriage within this state, a license shall be obtained from the county register of deeds of any county, the fee for which is forty dollars. Ten dollars of the marriage license fee shall be retained by the county in which the fee is collected and placed in the county general fund. Thirty dollars of the marriage license fee shall be deposited in the county domestic abuse program fund. The license and record of marriage form shall be prescribed and furnished by the Department of Health. Certified copies of the marriage record shall be furnished by the county register of deeds for a fee established pursuant to §34-25-52 and such fee shall be retained by the county in which the fee is collected and placed in the county general fund.
Source:
SDC 1939, §§12.1406, 14.0111; SL 1957, ch 39; SDCL, §16-10-8 (37), (38); SL 1968, ch 15; SL 1974, ch 55, §25; SL 1978, ch 187, §1; SL 1983, ch 202; SL 1983, ch 204, §4; SL 1988, ch 202, §1; SL 1993, ch 192, §1; SL 1996, ch 162; SL 2003, ch 142, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-10.1 - Application for marriage license--Proof of age and identification required--Name changes.

25-1-10.1. Application for marriage license--Proof of age and identification required--Name changes.
To obtain a marriage license, each applicant shall sign the marriage license application in person in the presence of the register of deeds or in the presence of a person duly appointed by the register to act in the register's behalf. Each applicant shall provide valid personal identification and provide proof of age before issuance of the marriage license. Proof of age and personal identification must be satisfied by providing a valid:
(1)Passport;
(2)Federal, state, military, or tribal photo identification;
(3)Certified birth certificate, along with a current school or employment photo ID; or
(4)Certified birth certificate, along with a U.S. Department of the Treasury Form 4029 that is completed.
On the marriage license application, each applicant shall provide the name the applicant shall be known by after the solemnization of the marriage. This choice must be indicated on the certificate of marriage and serve as a legal means for a name change. A first name may not be changed under this section. A middle name may only be changed if an applicant is changing the applicant's surname to become a middle name. A surname may only be changed to adopt the spouse's surname or the applicants' hyphenated surnames.
No person may use a power of attorney to obtain a marriage license.
Source: SL 1993, ch 191, §1; SL 2021, ch 115, §1; SL 2022, ch 78, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-10.2 - Application for marriage license--Required statement.

25-1-10.2. Application for marriage license--Required statement.
The application for a marriage license shall contain the following statement:
"The laws of this state affirm your right to enter into this marriage and at the same time to live within the marriage free from violence and abuse. Neither of you is the property of the other. Physical abuse, sexual abuse, battery, and assault of a spouse or other family member, as well as other provisions of the criminal laws of this state, are applicable to spouses and other family members and violations thereof are punishable by law."
The application shall contain a separate line for the signatures of the applicants verifying that the applicants have read and understand the statement.
Source:
SL 1998, ch 155, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-11 - Issuance of license to unqualified persons prohibited.

25-1-11. Issuance of license to unqualified persons prohibited.
Such license must not in any case be granted where either party is under the age necessary to render the marriage absolutely valid nor where the condition of either party is such as to disqualify him from making any other civil contract nor in any case where the marriage would be void under the provisions of §§25-1-6 to 25-1-8, inclusive.
Source:
SDC 1939, §14.0112.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-13 - Consent of parent or guardian required for marriage of minor--Memorandum in record book.

25-1-13. Consent of parent or guardian required for marriage of minor--Memorandum in record book.
If either party is a minor, no marriage license shall be granted unless the written consent of the parent or guardian, duly acknowledged by the parent or guardian, or proved to be genuine, is filed in the office of the county register of deeds prior to issuing the license, and a memorandum of the facts shall be entered in the marriage record book with the other records of the marriage license.
Source:
SDC 1939, §14.0113; SL 1988, ch 202, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-15 - Unlawful issuance of license as misdemeanor.

25-1-15. Unlawful issuance of license as misdemeanor.
Any register of deeds who grants a marriage license contrary to the provisions of this title is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §14.9902; SL 1974, ch 55, §26; SL 1988, ch 202, §5.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-24 - Time allowed after license for solemnization of marriage.

25-1-24. Time allowed after license for solemnization of marriage.
Any marriage license issued under the provisions of this chapter shall become void unless the marriage is solemnized within ninety days following issuance.
Source:
SDC 1939, §14.0123 (7) as enacted by SL 1939, ch 36; SL 2020, ch 104, § 1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-28.1 - Distribution of HIV educational material before license issued.

25-1-28.1. Distribution of HIV educational material before license issued.
At the time the application for a marriage license is filed, the register of deeds shall distribute to each applicant educational materials prepared and provided at no cost to the counties by the Department of Health on topics related to sexually transmitted disease, HIV transmission, and prenatal care. The information shall include a list of locations where counseling and testing services are available.
Source:
SL 1993, ch 193.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-29 - Solemnization and recording of marriages required--Common-law marriages prior to 1959 not invalidated.

25-1-29. Solemnization and recording of marriages required--Common-law marriages prior to 1959 not invalidated.
Marriage must be solemnized, authenticated, and recorded as provided in this chapter provided, however, that noncompliance with its provisions does not invalidate any lawful marriage consented to and subsequently consummated prior to July 1, 1959.
Source:
SDC 1939, §14.0110; SL 1959, ch 50, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-30 - Persons authorized to solemnize marriages.

25-1-30. Persons authorized to solemnize marriages.
Marriage may be solemnized by a justice of the Supreme Court, a judge of the circuit court, a magistrate, a mayor, either within or without the corporate limits of the municipality from which the mayor was elected, or any person authorized by a church to solemnize marriages.
Source:
SDC 1939, §14.0110; SL 1959, ch 50, §2; SL 1976, ch 30, §2; SL 2003, ch 143, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-31 - Solemnization of marriage without license as misdemeanor.

25-1-31. Solemnization of marriage without license as misdemeanor.
If any marriage is solemnized without the license required by this title being procured, the parties so married and all persons aiding in such marriage are guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §14.9903.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-32 - Identity and ages of parties to be established before solemnization of marriage.

25-1-32. Identity and ages of parties to be established before solemnization of marriage.
Before performing the marriage ceremony, the person solemnizing a marriage shall ascertain by personal knowledge or by requesting a photographic identification:
(1)The identity of the parties;
(2)Their real and full names and places of residence; and
(3)The names and places of residence of the two witnesses.
Source:
SDC 1939, §14.0116; SL 1993, ch 191, §5.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-33 - Solemnization of marriage between unauthorized persons as misdemeanor.

25-1-33. Solemnization of marriage between unauthorized persons as misdemeanor.
A person who solemnizes any marriage where either of the parties is known to him to be under the age of legal consent and without the consent of his or her parents or guardian or persons having charge of him or her, or where either of the parties is known to him to be of unsound mind, or any marriage to which, within his knowledge, any legal impediment exists, is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §14.9906; SL 1984, ch 12, §26.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-35 - Certificate delivered to parties--Return to register of deeds.

25-1-35. Certificate delivered to parties--Return to register of deeds.
After performing the ceremony, the person solemnizing the marriage shall deliver the marriage certificate to the persons married and return, within ten days, the license and record of marriage to the county register of deeds.
Source:
SDC 1939, §§14.0117, 14.9904; SL 1978, ch 187, §6; SL 1980, ch 186; SL 1988, ch 202, §7; SL 1993, ch 191, §6.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-36 - Return of marriage performed without person authorized to perform--Failure as petty offense.

25-1-36. Return of marriage performed without person authorized to perform--Failure as petty offense.
Persons married in accordance with the creed or custom of any sect or denomination to which they belong which dispenses with the services of any minister or other person authorized to perform marriages by §25-1-30 are themselves required to make return of such marriage within thirty days thereafter to the county register of deeds. It is a petty offense for a husband and wife to fail to make the return of a certificate of a marriage made under this section.
Source:
SDC 1939, §§14.0119, 14.9905; SL 1984, ch 12, §27; SL 1988, ch 202, §8.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-37 - Record maintained by Department of Health--Entry as evidence of marriage--Local registrar to file records with department.

25-1-37. Record maintained by Department of Health--Entry as evidence of marriage--Local registrar to file records with department.
The Department of Health shall maintain marriage licenses issued and records of marriages solemnized in South Dakota. A duly certified copy of the recorded marriage license shall be received as competent evidence of the marriage. The local registrar shall file monthly, or more frequently if required by the department, a record of all marriages occurring in the local registrar's county with the Department of Health by electronic means, if available. If electronic means are not available, the registrar shall file such record of all marriages on a form prescribed by the department.
Source:
SDC 1939, §14.0122; SL 1974, ch 55, §29; SL 1988, ch 202, §9; SL 1993, ch 191, §7; SL 2001, ch 129, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-38 - Validity of marriages contracted outside state--Same-sex marriages excluded.

25-1-38. Validity of marriages contracted outside state--Same-sex marriages excluded.
Any marriage contracted outside the jurisdiction of this state, except a marriage contracted between two persons of the same gender, which is valid by the laws of the jurisdiction in which such marriage was contracted, is valid in this state.
Source:
SDC 1939, §14.0103; SL 2000, ch 115, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-39 - Marriage voidable if party physically incapable or consent obtained by fraud or force.

25-1-39. Marriage voidable if party physically incapable or consent obtained by fraud or force.
If either party to a marriage be incapable from physical causes of entering into the marriage state or if the consent of either be obtained by fraud or force, the marriage is voidable.
Source:
SDC 1939, §14.0107.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 01 - Validity And Performance Of Marriages › Section 25-1-40 - Marital rights not restored by pardon from life sentence.

25-1-40. Marital rights not restored by pardon from life sentence.
No pardon granted to any person sentenced to imprisonment for life in this state restores such person to the rights of any previous marriage or to the guardianship of any issue of such marriage.
Source:
SDC 1939, §14.0108.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-1 - Respect, fidelity, and support.

25-2-1. Respect, fidelity, and support.
Husband and wife contract toward each other obligations of mutual respect, fidelity, and support.
Source:
SDC 1939, §14.0201.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-3 - Joint tenancies and tenancies in common.

25-2-3. Joint tenancies and tenancies in common.
A husband and wife may hold real or personal property together as joint tenants or tenants in common.
Source:
SDC 1939, §14.0204.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-4 - Rights in separate property.

25-2-4. Rights in separate property.
Neither husband nor wife has any interest in the property of the other, excepting their respective rights for support as specifically provided by law, and except that neither can be excluded from the other's dwelling.
Source:
SDC 1939, §14.0203.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-5 - Recording inventory of spouse's separate property--Prima facie evidence.

25-2-5. Recording inventory of spouse's separate property--Prima facie evidence.
A full and complete inventory of the separate personal property of a husband or wife, or both, may be made out and signed by him or her, or both, under oath, and recorded in the office of the register of deeds of the county in which the parties reside.
The filing of the inventory in the register's office is notice and prima facie evidence of the title of each spouse.
Source:
SDC 1939, §14.0204; SL 1984, ch 12, §39.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-6 - Separate property not liable for debts of spouse.

25-2-6. Separate property not liable for debts of spouse.
The separate property of a spouse is not liable for the debts of the other spouse contracted before or after the marriage.
Source:
SDC 1939, §14.0206; SL 1984, ch 12, §40.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-7 - Property rights and powers of spouse.

25-2-7. Property rights and powers of spouse.
Each spouse shall have and retain after marriage all the civil and property rights of a single person. Each may buy and sell, receive and convey, or dispose of by will, or otherwise dispose of any real or personal property belonging to him or her or in which he or she may have an interest, without joining the name of the spouse except for the homestead.
Source:
SDC 1939, §14.0207; SL 1984, ch 12, §41.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-8 - Conveyance of spouse's separate property.

25-2-8. Conveyance of spouse's separate property.
A person may without the consent of his or her spouse convey his or her separate property.
Source:
SDC 1939, §14.0204; SL 1984, ch 12, §42.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-10 - Property transactions of husband or wife--Transactions between spouses.

25-2-10. Property transactions of husband or wife--Transactions between spouses.
Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might, if unmarried, subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other, as prescribed by law.
Source:
SDC 1939, §14.0202.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-11 - Joint and several liability for necessaries.

25-2-11. Joint and several liability for necessaries.
Every husband and wife shall be jointly and severally liable for the purchase price, if such price be stated or agreed upon at the time of purchase, and if not so stated or agreed upon, for the reasonable value of all the necessaries of life, consisting of food, clothing, and fuel purchased by either husband or wife for their family while they are living together as husband and wife.
Source:
SDC 1939, §14.0206.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-12 - Right to spouse's earnings--Earnings of minor children.

25-2-12. Right to spouse's earnings--Earnings of minor children.
The earnings of a spouse are not liable for the debts of the other spouse. The earnings and accumulations of a spouse and of his or her minor children living with him or her or in his or her custody while he or she is living separate from the other spouse are his or her separate property.
Source:
SDC 1939, §14.0206; SL 1984, ch 12, §43.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-13 - Alteration of legal relations by husband and wife--Separation and support agreements.

25-2-13. Alteration of legal relations by husband and wife--Separation and support agreements.
A husband and wife cannot by any contract with each other alter their legal relations, except as to property, and except that they may agree in writing to an immediate separation and may make provision for the support of either of them and of their children during such separation. The mutual consent of the parties is sufficient consideration for such separation agreement.
Source:
SDC 1939, §14.0202.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-15 - Spouse's power to sue.

25-2-15. Spouse's power to sue.
For any injury to his or her reputation, person, or property, a person may sue in his or her own name without joining his or her spouse as a party plaintiff. Actions founded upon a person's separate contracts or torts or relating to his or her individual property may be brought without joining his or her spouse as a party defendant.
Source:
SDC 1939, §14.0207; SL 1984, ch 12, §44.