reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-29 - Inmate's liability for court-ordered fines, costs, fees, sanctions, and restitution and obligations incurred under Department of Corrections jurisdiction--Disbursement from inmate's account.

24-2-29. Inmate's liability for court-ordered fines, costs, fees, sanctions, and restitution and obligations incurred under Department of Corrections jurisdiction--Disbursement from inmate's account.
Each inmate is liable for court-ordered fines, costs, fees, sanctions, and restitution and any obligation incurred while under the jurisdiction of the Department of Corrections including those provided for in §§24-2-28, 24-7-3, 24-8-9, 24-15-11, 24-15A-24, and 23A-35B-4 and any other charge owed to the state. Disbursement shall be made from an inmate's institutional account to defray the inmate's obligation, regardless of the source of the inmate's funds, including moneys in the inmate's institutional account pursuant to §24-2-5 and wages earned by the inmate pursuant to §§24-4-9, 24-7-3(3), 24-7-6, and 24-8-8.
Source:
SL 1994, ch 188, §1; SL 1997, ch 147, §3; SL 1997, ch 149, §5; SL 2002, ch 121, §3; SL 2004, ch 168, §18.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-29.1 - Rules authorizing sanctions for inmate abuse of court system.

24-2-29.1. Rules authorizing sanctions for inmate abuse of court system.
The secretary of corrections shall develop department rules which allow an inmate to be sanctioned pursuant to §§24-2-9 and 24-15A-4 for each instance that a court finds that the inmate has done any of the following while in the custody of the Department of Corrections:
(1)Filed a false, frivolous, or malicious action or claim with the court;
(2)Brought an action or claim with the court solely or primarily for delay or harassment;
(3)Unreasonably expanded or delayed a judicial proceeding;
(4)Testified falsely or otherwise submitted false evidence or information to the court;
(5)Attempted to create or obtain a false affidavit, testimony, or evidence; or
(6)Abused the discovery process in any judicial action or proceeding.
The violation of such rules may be considered in parole release decisions pursuant to subdivision 24-13-7(6) and shall be considered in determining substantive compliance or noncompliance with the inmate's individual program directive pursuant to §§24-15A-35 and 24-15A-39.
Source:
SL 1997, ch 147, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-30 - Policy on inmate work.

24-2-30. Policy on inmate work.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-31 - Contracts for inmate health care services exempt from state insurance regulations.

24-2-31. Contracts for inmate health care services exempt from state insurance regulations.
Any person who enters into a contract with the Department of Corrections to provide health care services for inmates is not subject to the requirements of Title 58 for the provision of those services to inmates. However, any activity of such a person outside the scope of the contract with the Department of Corrections is not exempt from provisions of Title 58.
Source:
SL 1995, ch 139.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-32 - Involuntary treatment with psychotropic medication for severe mental illness.

24-2-32. Involuntary treatment with psychotropic medication for severe mental illness.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-33 - Hearing required prior to treatment with psychotropic medication.

24-2-33. Hearing required prior to treatment with psychotropic medication.
Prior to involuntary treatment with psychotropic medication, the inmate shall receive a hearing before a panel consisting of a psychiatrist, a physician, and a representative of the warden, none of whom may have participated in the inmate's current diagnosis, evaluation, or treatment. The inmate has the right to notice of the hearing, the right to attend the hearing, and the right to present evidence and cross-examine witnesses, and the right to representation by a disinterested lay advisor knowledgeable about psychological issues. The panel may order involuntary treatment with psychotropic medication by majority vote of the panel if the psychiatrist is in the majority. The inmate may appeal the decision of the panel to the secretary of corrections. The inmate may appeal the decision of the secretary to circuit court pursuant to chapter 1-26.
Source:
SL 1996, ch 159, §2.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-34 - Periodic review of psychotropic treatment.

24-2-34. Periodic review of psychotropic treatment.
If involuntary treatment of an inmate with psychotropic medication is to exceed thirty days, a physician who is not the attending physician shall review the inmate's case at intervals not to exceed thirty days and make a written determination whether involuntary treatment with psychotropic medication may be continued.
Source:
SL 1996, ch 159, §3.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-35 - Emergency treatment with psychotropic medication.

24-2-35. Emergency treatment with psychotropic medication.
In an emergency, involuntary treatment of an inmate with psychotropic medication may be administered without panel review for up to ten days if the treatment is ordered by two physicians, one of whom shall be a psychiatrist.
Source:
SL 1996, ch 159, §4.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-36 - Records of involuntary treatment with psychotropic medication.

24-2-36. Records of involuntary treatment with psychotropic medication.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-37 - Training on symptoms of mental health problems and defusing mental health crises.

24-2-37. Training on symptoms of mental health problems and defusing mental health crises.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 04 - Employment Of State Inmates › Section 24-4-7 - .Inmate employment on any state work--Provisions for control.

24-4-7. Inmate employment on any state work--Provisions for control.
Inmate labor may be used on any work in which the State of South Dakota or any of its political subdivisions are engaged or has an interest, or by executive order pursuant to §34-48A-5, at any place within the state. The secretary and the warden shall make such provision for the custody, control, and maintenance of inmates engaged in such work as may be necessary or advisable.
Source:
SDC 1939, §13.4722; SL 1989, ch 20, §107.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 04 - Employment Of State Inmates › Section 24-4-8 - .Report by custodian of an inmate's unauthorized absence--Return of inmate.

24-4-8. Report by custodian of an inmate's unauthorized absence--Return of inmate.
Any person who has custody of an inmate pursuant to §24-4-7 shall immediately report the unauthorized absence of any inmate and shall promptly return any inmate to the custody of the warden if ordered to do so.
Source:
SDC 1939, §13.4722; SL 1989, ch 20, §108; SL 2004, ch 168, §20.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 04 - Employment Of State Inmates › Section 24-4-9 - .Inmates' compensation authorized.

24-4-9. Inmates' compensation authorized.
The warden may authorize monetary compensation to inmates for work performed under the provisions of §24-4-7.
Source:
SDC 1939, §13.4723; SL 1989, ch 20, §109.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 05 - Discharge Of Inmates From State Correctional Facilities › Section 24-5-1 - Graduated scale of reductions from sentence for good conduct.

24-5-1. Graduated scale of reductions from sentence for good conduct.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 05 - Discharge Of Inmates From State Correctional Facilities › Section 24-5-2 - Restoration to citizenship on discharge--Certificate issued by secretary of corrections--Copy to clerk of court.

24-5-2. Restoration to citizenship on discharge--Certificate issued by secretary of corrections--Copy to clerk of court.
If any inmate has been discharged under the provisions of §24-5-1, 24-5-7, or 24-15A-8.1, the inmate shall, at the time of discharge, be considered as restored to the full rights of citizenship. At the time of the discharge of any inmate under the provisions of this chapter, the inmate shall receive from the secretary of corrections a certificate stating that the inmate has been restored to the full rights of a citizen. If an inmate is on parole at the time the inmate becomes eligible for discharge, the secretary of corrections shall issue a like certificate stating that the inmate has been restored to the full rights of a citizen.
The secretary of corrections shall mail a copy of the certificate to the clerk of court for the county from which the inmate was sentenced.
Source:
SDC 1939, §13.4718; SL 1939, ch 33; SL 1943, ch 47; SL 1959, ch 41, §1; SL 1965, ch 34; SL 1978, ch 181; SL 1989, ch 20, §110; SL 1990, ch 180, §5; SL 2004, ch 168, §22; SL 2011, ch 128, §3.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 05 - Discharge Of Inmates From State Correctional Facilities › Section 24-5-3 - Clothing, money, and transportation provided on discharge.

24-5-3. Clothing, money, and transportation provided on discharge.
If not already provided, a correctional facility official shall provide every inmate with suitable clothing, a sum of money to be determined by the secretary of corrections, and transportation to the place where the inmate received sentence or an equivalent distance upon discharge from a correctional facility, whether by parole, suspended sentence, or final discharge.
Source: SDC 1939, §13.4726; SL 1953, ch 38; SL 1959, ch 42; SL 1961, ch 44; SL 1972, ch 151; SL 1981, ch 193, §15; SL 1989, ch 20, §111; SL 2004, ch 168, §23; SL 2013, ch 114, §1; SL 2023, ch 82, §74.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 05 - Discharge Of Inmates From State Correctional Facilities › Section 24-5-5 - Funds in inmate's institutional accounts upon discharge, death, or escape--Application--Refund.

24-5-5. Funds in inmate's institutional accounts upon discharge, death, or escape--Application--Refund.
If any inmate of a state correctional facility dies, is discharged, or escapes, leaving funds in the inmate's institutional account or other tangible personal property of value, a correctional facility official shall apply these funds towards the inmate's obligations as provided for in §24-2-29. At the official's discretion, tangible personal property of value may be sold, donated to charity, discarded, returned to an heir, or used for the benefit of the Department of Corrections. If the funds exceed the inmate's obligations as provided for in §24-2-29, the official shall give the excess balance back to the inmate or an heir of the inmate. Otherwise, the official shall deposit the excess balance in the state general fund.
Source: SL 1987, ch 184, §1; SL 2004, ch 169, §1; SL 2023, ch 82, §75.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 05 - Discharge Of Inmates From State Correctional Facilities › Section 24-5-6 - Closing of inmate's institutional account with negative balance.

24-5-6. Closing of inmate's institutional account with negative balance.
If any inmate of a state correctional facility dies or is discharged from a state correctional facility with a negative balance in the inmate's institutional account, a state correctional facility official may close out that account.
Source: SL 1987, ch 184, §2; SL 2004, ch 169, §2; SL 2023, ch 82, §76.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 05 - Discharge Of Inmates From State Correctional Facilities › Section 24-5-7 - Board authorized to grant early final discharge from supervision--Certificate of discharge--Prisoner not entitled to early discharge.

24-5-7. Board authorized to grant early final discharge from supervision--Certificate of discharge--Prisoner not entitled to early discharge.
Upon recommendation of the supervising agent, the Board of Pardons and Paroles may grant an early final discharge from supervision for a parolee or person serving a suspended sentence under supervision of the board if the board is satisfied that an early final discharge would be in the best interests of society and the inmate. At the time of early final discharge from supervision, the secretary of corrections shall issue a certificate of discharge pursuant to §24-5-2. No inmate is entitled to an early final discharge. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any inmate.
Source:
SL 1988, ch 197, §1; SL 1992, ch 177, §1; SL 2004, ch 168, §24.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 06A - Mike Durfee State Prison › Section 24-6A-1 - Mike Durfee State Prison.

24-6A-1. Repealed.
Source: SL 1971, ch 135, §§1 to 4; SDCL Supp, §§13-57-23 to 13-57-26; SL 1975, ch 128, §355; SL 1984, ch 138, §1; SL 1985, ch 202; SL 1989, ch 20, §121; SL 1994, ch 189, §1; SL 2004, ch 168, §25; SL 2023, ch 82, §77.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 07 - State Prison Industries › Section 24-7-1 - State prison industries--Operation--New industry.

24-7-1. State prison industries--Operation--New industry.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 07 - State Prison Industries › Section 24-7-3 - Furnishing prison labor to private enterprise authorized--Rules.

24-7-3. Furnishing prison labor to private enterprise authorized--Rules.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 07 - State Prison Industries › Section 24-7-4 - General supervision by secretary of corrections.

24-7-4. General supervision by secretary of corrections.
The prison industries shall be controlled, operated, maintained, and improved and buildings for its use erected and remodeled under the supervision of the secretary of corrections.
Source:
SL 1947, ch 265, §2; SL 1955, ch 30; SDC Supp 1960, §13.47A02; SL 1989, ch 20, §125.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 07 - State Prison Industries › Section 24-7-5 - Appointment of director of prison industries.

24-7-5. Appointment of director of prison industries.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 07 - State Prison Industries › Section 24-7-6 - Use of inmate labor--Wages.

24-7-6. Use of inmate labor--Wages.
The director of prison industries shall use such inmate labor as may be necessary in the operation of the prison industries and pay wages within limits fixed by the secretary of corrections.
Source:
SL 1947, ch 265, §2; SL 1955, ch 30; SDC Supp 1960, §13.47A02; SL 1989, ch 20, §127.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 07 - State Prison Industries › Section 24-7-7 - Prison industries revolving fund moneys available.

24-7-7. Prison industries revolving fund moneys available.
The prison industries revolving fund shall be available for the operation of the various prison industries.
Source:
SL 1947, ch 265, §3; SDC Supp 1960, §13.47A03; SL 1989, ch 20, §128.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 07 - State Prison Industries › Section 24-7-8 - Separate account for each prison industry.

24-7-8. Separate account for each prison industry.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 07 - State Prison Industries › Section 24-7-10 - Director as custodian of all moneys and property--Duty to keep accounts--Authority to install accounting systems--Bond required.

24-7-10. Director as custodian of all moneys and property--Duty to keep accounts--Authority to install accounting systems--Bond required.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 07 - State Prison Industries › Section 24-7-15 - Contracts by director of prison industries with approval of secretary.

24-7-15. Contracts by director of prison industries with approval of secretary.
All contracts for material used in a manufactured product, containers, machinery, repairs, and services shall be made and executed by the director of prison industries with the approval of the secretary of corrections.
Source:
SL 1947, ch 265, §4; SDC Supp 1960, §13.47A04; SL 1989, ch 20, §133; SL 1991, ch 206, §2.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 07 - State Prison Industries › Section 24-7-16 - Sale of products.

24-7-16. Sale of products.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 07 - State Prison Industries › Section 24-7-32 - State departments required to purchase from license plant--License plant required to sell at cost.

24-7-32. State departments required to purchase from license plant--License plant required to sell at cost.
All state departments shall buy license plates and licensing decals from the prison industries if the prison industries are able to furnish such license plates and licensing decals. The prison industries shall furnish such license plates and licensing decals at the actual cost of production, plus fifteen percent.
Source:
SDC 1939, §55.1708; SL 1941, ch 300; SL 1947, ch 265, §11; SDC Supp 1960, §13.47A11; SL 1971, ch 163; SL 1989, ch 20, §140; SL 1993, ch 187, §1; SL 2004, ch 168, §33.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 07 - State Prison Industries › Section 24-7-33 - Payment for goods--Disposition of moneys.

24-7-33. Payment for goods--Disposition of moneys.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 07 - State Prison Industries › Section 24-7-37 - Annual report of activities of prison industries.

24-7-37. Annual report of activities of prison industries.
The secretary shall submit an annual report to the Governor and the Legislature setting out all the activities of prison industries that were engaged in the previous year. The secretary shall include in the report financial summaries of all activities of prison industries, a listing of all contracts with private organizations and individuals, and a summary of the planned activities for the next year. The report shall be filed on or before the first legislative day of each session.
Source:
SL 1991, ch 206, §5.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 08 - Work Release Programs › Section 24-8-1 - Conditional release of inmates--Continued supervision and paid employment--Educational programs--Termination of release.

24-8-1. Conditional release of inmates--Continued supervision and paid employment--Educational programs--Termination of release.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 08 - Work Release Programs › Section 24-8-3 - Confinement during nonwork periods.

24-8-3. Confinement during nonwork periods.
Any inmate released pursuant to §24-8-1 shall be confined in the institution from which released or some other suitable place of confinement approved by the warden. Such confinement shall be for such periods of time that such inmate is not actually working at his or her employed job, seeking employment, or engaging in a vocational training or other educational program.
Source:
SL 1967, ch 32, §1; SL 1989, ch 20, §143; SL 2004, ch 168, §36.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 08 - Work Release Programs › Section 24-8-4 - Agreements with other state agencies and political subdivisions for housing employed inmates.

24-8-4. Agreements with other state agencies and political subdivisions for housing employed inmates.
The secretary of corrections may enter into agreements with other agencies of the state and the political subdivisions for the confinement and the providing of other services for those inmates whose employment or vocational training or other educational programs so require, and such agencies of the state and the political subdivisions may enter into such agreements.
Source: SL 1967, ch 32, §2; SL 1989, ch 20, §144; SL 2023, ch 82, §79.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 08 - Work Release Programs › Section 24-8-5 - Rules for administration of release program.

24-8-5. Rules for administration of release program.
The Department of Corrections may promulgate rules, pursuant to chapter 1-26, for the placement, supervision, and confinement of inmates and for the administration of the programs authorized by this chapter.
Source:
SL 1967, ch 32, §3; SL 1989, ch 20, §145.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 08 - Work Release Programs › Section 24-8-6 - Failure of inmate to report constitutes escape.

24-8-6. Failure of inmate to report constitutes escape.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 08 - Work Release Programs › Section 24-8-8 - Disposition of inmate's earnings.

24-8-8. Disposition of inmate's earnings.
The earnings of inmates released under this chapter shall be assigned and paid to the Department of Corrections.
Source:
SL 1967, ch 32, §5; SL 1989, ch 20, §148; SL 2006, ch 138, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 08 - Work Release Programs › Section 24-8-9 - Disbursements to defray inmate's obligations--Priority of disbursements.

24-8-9. Disbursements to defray inmate's obligations--Priority of disbursements.
The Department of Corrections shall place all earnings in the inmate's account and make disbursements therefrom in the priority set forth below:
(1)The board and room charges of the inmate;
(2)Necessary travel expenses and other incidental expenses of the inmate related to the inmate's release program;
(3)Support of the inmate's legal dependents;
(4)Payments on fines and restitution;
(5)Payments of personal debts and obligations upon proper proof and at the discretion of the inmate;
(6)The balance, if any, to be retained in the inmate's account and paid to the inmate upon parole or discharge.
Source:
SL 1967, ch 32, §5; SL 1989, ch 20, §149; SL 2004, ch 168, §38; SL 2006, ch 138, §2.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 08 - Work Release Programs › Section 24-8-9.1 - Operation of motor vehicle by inmate.

24-8-9.1. Operation of motor vehicle by inmate.
No inmate engaged in work-release activities may drive or operate a motor vehicle unless the inmate has established to the satisfaction of the sheriff or warden that the inmate is in compliance with §32-35-113.
Source:
SL 1989, ch 215; SL 2004, ch 168, §39.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 08 - Work Release Programs › Section 24-8-10 - Earnings exempt from seizure.

24-8-10. Earnings exempt from seizure.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 08 - Work Release Programs › Section 24-8-11 - Charges for room and board--Disposition of amounts received.

24-8-11. Charges for room and board--Disposition of amounts received.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 08 - Work Release Programs › Section 24-8-13 - Conditionally released inmate not agent of state.

24-8-13. Conditionally released inmate not agent of state.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-1 - Jail defined--Classification of jails.

24-11-1. Jail defined--Classification of jails.
The term, jail, as used in this chapter includes any building or place provided or used by any county, municipality, or civil township for the detention of adult persons convicted or accused of the violation of any law of this state, any ordinance or bylaw of any municipality or civil township, or any rule or regulation of any board, commission, or public officer having the effect of law; or for the detention of adult persons held as witnesses or committed for contempts, except juvenile detention facilities located outside jails and lockups and approved collocated detention facilities operated by counties. The governing body or commission responsible for the operation of a jail shall classify its jails based upon the types of persons detained therein and the maximum length of detention of persons in such jails.
Source:
SDC 1939, §13.4601; SL 1981, ch 195, §1; SL 1983, ch 198, §1; SL 1992, ch 60, §2; SL 2003, ch 149, §9.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-2 - Establishment of county jail at expense of county.

24-11-2. Establishment of county jail at expense of county.
There shall be established and maintained in every county, by authority of the board of county commissioners and at the expense of the county, a jail for the purposes stated in this chapter, except as provided in §24-11-3.
Source:
SDC 1939, §13.4602; SL 1963, ch 57.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-3 - Counties without jails or juvenile detention facilities--Overcrowded or unsafe jails and facilities--Confinement in adjoining political subdivision--Expenses.

24-11-3. Counties without jails or juvenile detention facilities--Overcrowded or unsafe jails and facilities--Confinement in adjoining political subdivision--Expenses.
If there is no jail or juvenile detention facility in the county, or if the jail or juvenile detention facility in the county is crowded, unsafe, or otherwise insufficient to conform to the requirements of this chapter, every judicial or executive officer of the county who has the power to order, sentence, or deliver any person to the county jail or juvenile detention facility may order, sentence, or deliver such person to the jail or juvenile detention facility of any near or adjoining state, Indian reservation, county, organized township, or municipality, pursuant to a written agreement to house such prisoner. The written agreement shall contain provisions addressing liability issues and facility standards and shall also contain appropriate provisions assuring that the agency housing the prisoner shall release the prisoner to the county from which the prisoner was committed within two days of receiving a request from the committing county. Any written agreement with a federally recognized Indian tribe shall receive approval from the Bureau of Indian Affairs prior to the delivery of any prisoner. The county from which the prisoner was committed shall pay to the agency housing the prisoner all expenses of keeping and maintaining the prisoner in the jail or juvenile detention facility, including the cost of building depreciation, administration, and a reasonable charge for obsolescence of the facility and all other tangible and intangible costs.
Source:
SDC 1939, §13.4602; SL 1963, ch 57; SL 1986, ch 202, §3; SL 1993, ch 188, §2; SL 2001, ch 124, §1; SL 2003, ch 139, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-4 - Agreements between political subdivisions for use of jails--Termination of agreement.

24-11-4. Agreements between political subdivisions for use of jails--Termination of agreement.
Any organized township, municipality, or county of the state is hereby authorized, upon passage of an affirmative resolution by each of the governing bodies of two or more such subdivisions of the state, to enter into a mutually acceptable contract, or to amend or terminate such contract, by which a jail may be used, owned, constructed, maintained, or operated, or any of the foregoing relationships may be established, by such two or more subdivisions.
Source:
SDC 1939, §13.4602 as added by SL 1963, ch 57.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-4.1 - Creation of area jail or juvenile detention facility compact--Liquidated damages for withdrawal without consent--Acquisition of facilities--Funding--Operation--Lease with compact.

24-11-4.1. Creation of area jail or juvenile detention facility compact--Liquidated damages for withdrawal without consent--Acquisition of facilities--Funding--Operation--Lease with compact.
Any combination of counties or municipalities of this state may enter into an agreement pursuant to chapter 1-24 for the creation of an area jail or juvenile detention facility compact which may be a separate legal entity. In addition to the provisions of chapter 1-24, an agreement pursuant to this section may be for any period of time and may provide for liquidated damages to be imposed upon any party withdrawing without the consent of all other parties to the agreement. The liquidated damages may not exceed the minimum contribution agreed to by the withdrawing party to termination of the agreement reduced to present value. The compact may own, purchase, construct or otherwise acquire ownership of jail or juvenile detention facilities located within any of the parties. The compact may issue revenue bonds, enter into lease, lease-purchase and sale, and lease-back agreements, either as lessee or lessor, in the manner provided in §§7-25-19 and 7-25-20, or take any other steps necessary to assist in funding jail or juvenile detention facilities. Operation of the jail or juvenile detention facility shall remain under the authority of the county where the facility is located or by agreement with a municipality. Any county or municipality may enter into lease or lease-purchase agreements with an area jail or juvenile detention facility compact pursuant to §§7-25-19 and 7-25-20.
Source:
SL 1986, ch 202, §1; SL 1987, ch 185, §1; SL 1993, ch 188, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-4.2 - Annual prisoner rate for members--Additional compensation to sheriff--Daily prisoner rate for nonmembers.

24-11-4.2. Annual prisoner rate for members--Additional compensation to sheriff--Daily prisoner rate for nonmembers.
The compact agreement shall provide for annual minimum fees for providing facilities for specified numbers of prisoners by each member. The compact agreement may further provide for additional compensation payable to the sheriff of the county in which the facility is located, provided that the sheriff is the person in charge of the facility, equal to ten percent of the authorized salary in §7-12-15. This amount shall be paid to the sheriff in addition to the amount set forth in §7-12-15. In addition, the agreement shall provide a daily prisoner rate for nonmembers which may not exceed five times the daily rate charged to members.
Source:
SL 1986, ch 202, §2.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-4.3 - Money collected for housing prisoners--Distribution to member operating facility and compact debts--Excess funds.

24-11-4.3. Money collected for housing prisoners--Distribution to member operating facility and compact debts--Excess funds.
Notwithstanding §24-11-8, in the case of jail facilities located in a county participating in a compact pursuant to §§24-11-4.1 to 24-11-4.3, inclusive, money collected for housing prisoners shall be paid to the officer designated by the agreement who shall distribute the money so received to the member operating the facility under the terms of the agreement and shall apply remaining funds to retirement of the compact's financial obligations. Excess funds, if any, shall be held by the compact and may be used by the compact to make capital improvements to existing facilities or for the creation of new facilities.
Source:
SL 1986, ch 202, §5.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-5 - Confinement of fugitive from justice--Compensation.

24-11-5. Confinement of fugitive from justice--Compensation.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-6 - Confinement of federal prisoners--Compensation--Penalty for violation.

24-11-6. Confinement of federal prisoners--Compensation--Penalty for violation.
All sheriffs or officers having charge of any jail to whom any person shall be sent or committed by virtue of legal process issued by or under the authority of the United States, shall receive such person into custody and safely keep him until he is discharged by due course of the laws of the United States.
The United States shall be liable to pay for the support and keeping of such prisoners at such rates as may be negotiated between the United States and the local jail authority.
Any sheriff or other officer violating the provisions of this section shall be subject to the same penalties and shall be liable in like manner as if such person has been committed to their custody by legal process issued under the authority of this state.
Source:
SDC 1939, §§13.4610, 13.4622; SL 1981, ch 195, §2.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-7 - Sheriff's calendar of federal prisoners in custody--Transmission to federal district judge--Allowance and payment for keeping prisoners.

24-11-7. Sheriff's calendar of federal prisoners in custody--Transmission to federal district judge--Allowance and payment for keeping prisoners.
Before every stated term of the United States court to be held within this state, the sheriffs or officers having charge of jails shall make, under oath, a calendar of prisoners in their custody under the authority of the United States, with the date of their commitment, by whom committed, and for what offense, and transmit the same to the judge of the district court of the United States for the proper district, and at the end of every six months they shall transmit to the United States marshal of the proper district, for allowance and payment, their account, if any, against the United States, for the support and keeping of such prisoners.
Source:
SDC 1939, §13.4610.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-8 - Charges for prisoners confined by authority other than county in which jail located--Amount fixed by county--Special jail building fund.

24-11-8. Charges for prisoners confined by authority other than county in which jail located--Amount fixed by county--Special jail building fund.
If any person is confined in any county jail by authority of the United States or of any state or territory other than this state or any county other than the county in which the county jail is located, the sheriff or other person in charge of the jail, may charge and collect a sum fixed by the county in addition to the charges allowed by law for any person confined by authority of the county, a sum necessary to fully compensate and reimburse the county for money actually and necessarily expended for utilities and other expenses in the keeping of the person, including the expense of building depreciation, administration, and a reasonable charge for obsolescence of the facility and all other tangible and intangible costs, to the county. The amount of the expense shall be fixed by the board of county commissioners and collected by the sheriff or other person in charge of the county jail in the manner and at the time other charges provided by law are collected. Upon collection of the money, the money collected for building depreciation, and tangible and intangible costs may be deposited into a special jail building fund. Moneys in the special jail building fund may only be used to make capital improvements to the existing jail or for the building of a new jail.
Source:
SDC 1939, §12.1006; SL 1986, ch 202, §4; SL 2012, ch 135, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-10 - Required fireproofing for designated jail.

24-11-10. Required fireproofing for designated jail.
All buildings designed for the purposes mentioned in §24-11-1 and erected after July 1, 1911, shall be constructed with fireproof floors, and interior wall surfaces.
Source:
SDC 1939, §13.4601.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-11 - Heat and furnishings for jail--Expense.

24-11-11. Heat and furnishings for jail--Expense.
The board of county commissioners or the governing body of any municipality shall provide suitable means for warming each jail and its cells and apartments, provide beds and bedding, and such permanent fixtures and repairs as may be required by the policies and procedures provided for in §24-11-23 or directed by the judge of the circuit court at the expense of the municipality, as the case may be.
Source:
SDC 1939, §13.4608; SL 1983, ch 198, §2; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-12 - Appointment of jail physician--Physician's reports.

24-11-12. Appointment of jail physician--Physician's reports.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-13 - Officer in charge of jail--Conformance to policies and procedures.

24-11-13. Officer in charge of jail--Conformance to policies and procedures.
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.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-14 - Removal of prisoners in case of fire--Alternate place of confinement not deemed escape.

24-11-14. Removal of prisoners in case of fire--Alternate place of confinement not deemed escape.
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.