reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-19 - Trial--Disposition of property by court.

23A-49-19. Trial--Disposition of property by court.
If a verified answer is filed, the forfeiture proceedings shall be set for a trial on a day not more than one hundred eighty days from the date of the filing. Any party may demand a trial by jury for the forfeiture proceedings pursuant to §15-6-38(b). At the trial, the state shall establish probable cause for instituting the forfeiture action following which any owner, party in interest, or claimant who has filed a verified answer has the burden of proving that the property seized is not subject to forfeiture under this chapter. If the court or a jury finds that the property is not subject to forfeiture under this chapter, the court shall order the property released to the owner, party in interest, or claimant according to the person's right, title, or interest. The court shall order the property forfeited if the court or a jury determines that the property was subject to forfeiture.
Source:
SL 2016, ch 138, §19.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-20 - Attorney general's disposition of forfeited property.

23A-49-20. Attorney general's disposition of forfeited property.
If property is forfeited under this chapter, the attorney general may:
(1)Retain the property for official use;
(2)Sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, provided that the proceeds be disposed of for payment of all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and court costs. All money seized or remaining proceeds from the sale of any forfeited property shall be paid into the following funds:
(a)If seized pursuant to a violation of chapters 34-20B or 22-42, proceeds shall go to the drug control fund;
(b)If seized pursuant to a violation of chapters 22-24A, 22-23, 22-19A, 22-24B, 43-43B, or 23A-27, proceeds shall be used to reimburse the actual costs of the criminal investigation and prosecution, and any amount over those costs shall be used to satisfy any civil judgments received by the victims. All remaining proceeds shall be paid to the South Dakota internet crimes against children fund; and
(c)If not otherwise specified by this chapter, proceeds shall go to the general fund; or
(3)If property is seized pursuant to a violation of chapters 34-20B or 22-42, the attorney general may forward it to the Division of Criminal Investigation for disposition. Such disposition may include delivery for medical or scientific use to any federal or state agency under regulations of the United States attorney general.
Source:
SL 2016, ch 138, §20.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-21 - Seized property--Written report--Contents.

23A-49-21. Seized property--Written report--Contents.
For any property seized or forfeited under this chapter, a law enforcement agency shall issue a report to the attorney general within a time specified and in a form prescribed by the attorney general, containing information about the property seized or forfeited as listed in §23A-49-22 and in rule promulgated by the attorney general.
Source: SL 2022, ch 76, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-22 - Seized property--Searchable website or spreadsheet.

23A-49-22. Seized property--Searchable website or spreadsheet.
The attorney general shall establish and maintain a searchable public website or electronic spreadsheet that includes the following information about each property seized and forfeited:
(1)Name of the law enforcement agency that seized the property or, if seized by a multijurisdictional state task force, the name of the lead state agency;
(2)Forfeiture case file number;
(3)County;
(4)Arresting agency;
(5)Seizure date;
(6)Location of the seizure, whether a residence, business, event, or traffic stop;
(7)If a traffic stop on an interstate, the direction of the traffic flow, whether eastbound, westbound, southbound or northbound;
(8)Type and amount of controlled substance;
(9)Original criminal charge;
(10)Final criminal charge;
(11)Date of summons and complaint filed;
(12)Date of summons and complaint served or last date of publication;
(13)Whether the defendant or property owner defaulted on the forfeiture complaint, and if no default occurred, the date of civil answer filed by the defendant or property owner;
(14)Whether an innocent-owner claimant or creditor moved to regain the property;
(15)Date of default civil judgment;
(16)Date of summary judgment;
(17)Date of civil dismissal;
(18)Date of order of civil forfeiture;
(19)Dollar amount of seized currency;
(20)Description of seized property, other than currency, including make, model, and year;
(21)Estimated value of seized property other than currency;
(22)Date of case completion;
(23)Dollar amount of forfeited currency after case completion;
(24)Description of forfeited property, other than currency, after case completion;
(25)Estimated value of forfeited property, other than currency, after case completion;
(26)Whether the property was returned to the defendant or property owner, returned to the innocent-owner claimant or creditor, bought back, sold, destroyed, retained or disbursed to law enforcement agency, or pending disposition; and
(27)Case comments.
Source: SL 2022, ch 76, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-23 - Seized property--Information to be public.

23A-49-23. Seized property--Information to be public.
The attorney general, no more than 120 days after the close of the fiscal year, shall post on a searchable public website a report containing an itemized list of each property seized and forfeited for the preceding fiscal year as provided in §23A-49-22.
The attorney general shall include in the report an itemized list of the expenditures and disbursements made by the attorney general under §§23A-49-20 and 34-20B-64.
The attorney general may include in the report recommendations to improve statutes, rules, and policies to better ensure that seizure, forfeiture, and expenditures are done and reported in a manner that is fair to crime victims, innocent property owners, secured interest holders, citizens, law enforcement and taxpayers.
The data and report compiled hereunder are public records under chapter 1-27.
Source: SL 2022, ch 76, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-24 - Seized property--Fees and costs recouped.

23A-49-24. Seized property--Fees and costs recouped.
The attorney general may use forfeiture proceeds to pay the costs of compiling and reporting data under §§23A-49-21 to 23A-49-25, inclusive.
Source: SL 2022, ch 76, §4.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 49 - Civil Forfeiture For Crime › Section 23A-49-25 - Seized property--Promulgation of rules.

23A-49-25. Seized property--Promulgation of rules.
The attorney general shall promulgate rules, in accordance with chapter 1-26 establishing:
(1)The form for law enforcement agencies to file a report with the attorney general;
(2)The deadline by which law enforcement must report under §23A-49-21;
(3)Procedures necessary to facilitate the reporting provisions under this Act; and
(4)Any information required from law enforcement agencies about property seized and forfeited under this chapter, in addition to the information required to be reported to the attorney general in §23A-49-22.
Source: SL 2022, ch 76, §5.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 50 - Mental Health Procedures In Criminal Justice › Section 23A-50-1 - Definitions.

23A-50-1. Definitions.
Terms used in this chapter and §23A-46-1 mean:
(1)"Mental health response team," a support team tasked with finding viable community resources to help persons with severe mental illness involved in the court system;
(2)"Psychiatric certification," a credential obtained by passing the psychiatric-mental health nursing board certification through the American Nurses Credentialing Center; and
(3)"Telehealth," a mode of delivering healthcare services that utilizes information and communication technologies to enable the diagnosis, consultation, treatment, education, care management, and self-management of patients at a distance from health care providers.
Source: SL 2017, ch 109, §1; SL 2023, ch 79, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 50 - Mental Health Procedures In Criminal Justice › Section 23A-50-5 - Fund for assisting counties with cost of court-ordered competency evaluations of defendants.

23A-50-5. Fund for assisting counties with cost of court-ordered competency evaluations of defendants.
The Association of County Commissioners, formed pursuant to §7-7-28, may create and administer a fund for the purpose of assisting counties with the cost of competency evaluations for defendants for whom an evaluation has been ordered by the court. The Department of Social Services may contract with the association to reallocate funds used at the Human Services Center on contractual services for forensic evaluations to be administered through this fund. The fund may also receive and distribute money from any other source. The association board of directors shall provide procedures for the equitable distribution of money from this fund to the counties utilizing court-ordered competency evaluations and provide for the payment of an administrative fee and other reasonable expenses related to the administration of the fund. The association shall report to the Department of Social Services the amount distributed annually in total and by county and the number of competency evaluations completed with funds from the program. The liability of the association related to the administration of this fund shall be limited to the money as is available for such purposes in the fund.
Source: SL 2017, ch 109, §15; SL 2023, ch 79, §6.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 50 - Mental Health Procedures In Criminal Justice › Section 23A-50-6 - Appointment of mental health response teams--Confidentiality of records.

23A-50-6. Appointment of mental health response teams--Confidentiality of records.
The presiding judge of each judicial circuit may appoint one or more mental health response teams. Each team appointed must include a court services officer for the jurisdiction where the team is to operate, a mental health provider, and a member of law enforcement, and may also include a representative that works with jail administration and one or more representatives from the public. The Unified Judicial System shall maintain a record of the membership of each team. The team may operate telephonically or through electronic communications.
The records prepared or maintained by the team are confidential. Notwithstanding, the records may be inspected by or disclosed to justices, judges, magistrates, and employees of the Unified Judicial System in the course of their duties or to any person specifically authorized by order of the court.
Source: SL 2017, ch 109, §21; SL 2023, ch 79, §7.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 50 - Mental Health Procedures In Criminal Justice › Section 23A-50-7 - Establishment of mental health response team processes.

23A-50-7. Establishment of mental health response team processes.
The mental health response team may establish a process for identifying eligible persons through assessment; a documented process for referral to treatment; a team approach to the development and modification of individualized treatment plans and ongoing coordination to ensure plan effectiveness; a process for information sharing among the team members; and planning and coordination, including referrals for nonmental health services and resources.
Source:
SL 2017, ch 109, §22.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 50 - Mental Health Procedures In Criminal Justice › Section 23A-50-9 - Rules on team formation and procedures.

23A-50-9. Rules on team formation and procedures.
The Supreme Court may establish rules, pursuant to §16-3-1, regarding formation of a mental health response team and the procedures to be followed by the team.
Source:
SL 2017, ch 109, §24.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 50 - Mental Health Procedures In Criminal Justice › Section 23A-50-10 - Rules regarding procedures for court-appointed defense attorney training.

23A-50-10. Rules regarding procedures for court-appointed defense attorney training.
The Supreme Court may establish rules, pursuant to §16-3-1, regarding procedures for court-appointed defense attorney training on mental illness.
Source:
SL 2017, ch 109, §26, eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 50 - Mental Health Procedures In Criminal Justice › Section 23A-50-11 - List of services available through community mental health system.

23A-50-11. List of services available through community mental health system.
The Department of Social Services shall annually compile a list of services available through the community mental health system and eligibility criteria for each service to distribute to judges, court services officers, and jails. The department shall coordinate with the Unified Judicial System and sheriffs to disseminate this information.
Source:
SL 2017, ch 109, §31.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 01 - Management Of State Correctional Facilities › Section 24-1-1 - Correctional facilities of the state--Security level designation by secretary of corrections.

24-1-1. Correctional facilities of the state--Security level designation by secretary of corrections.
The South Dakota State Penitentiary, Mike Durfee State Prison, South Dakota Women's Prison, Jameson Prison, Pierre Minimum Center, Rapid City Minimum Center, Yankton Minimum Center, and Sioux Falls Minimum Center are the correctional facilities of this state for the punishment and reformation of offenders to which such offenders as may be committed, according to law, by any court of this state, shall be confined, employed, and governed in the manner provided by law.
The secretary of corrections shall designate each facility operated by the department with a security level as follows:
(1)A level I facility must have designated boundaries but need not have perimeter fencing. An inmate classified as minimum may be incarcerated in a level I facility, but generally an inmate of a higher classification may not be incarcerated in a level I facility.
(2)A level II facility must have designated boundaries with a single or double perimeter fencing. The perimeter of a level II facility must be patrolled periodically. An inmate classified as minimum restrictive or minimum may be incarcerated in a level II facility, but generally an inmate of a higher classification may not be incarcerated in a level II facility.
(3)A level III facility generally must have a wall or double perimeter fencing with razor wire and detection devices. A level III facility generally must use controlled sally ports. The perimeter of a level III facility must be continuously patrolled. An appropriately designated close classified inmate, an inmate classified as medium, or an inmate of a lower classification level may be incarcerated in a level III facility, but generally an inmate of a higher classification may not be incarcerated in a level III facility.
(4)A level IV facility generally must have a wall or double perimeter fencing with razor wire and detection devices. A level IV facility generally must use controlled sally ports. The perimeter of a level IV facility must be continuously patrolled. An inmate designated close classified or an inmate of a lower classification level may be incarcerated in a level IV facility, but generally an inmate of a higher classification may not be incarcerated in a level IV facility on a long-term basis.
(5)A level V facility is the highest security level and may incarcerate an inmate of any classification level. A level V facility must have double perimeter fencing with razor wire and detection devices, or equivalent security architecture. A level V facility must use controlled sally ports. The perimeter of a level V facility must be continuously patrolled.
Source: SDC 1939, §13.4701; SL 2004, ch 168, §1; SL 2023, ch 82, §50.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 01 - Management Of State Correctional Facilities › Section 24-1-4 - Government of correctional facilities by Department of Corrections.

24-1-4. Government of correctional facilities by Department of Corrections.
Each state correctional facility and its ancillary facilities is under the direction and government of the Department of Corrections.
Source: SDC 1939, §13.4703; SL 1989, ch 20, §69; SL 2023, ch 82, §51.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 01 - Management Of State Correctional Facilities › Section 24-1-6 - Appointment and removal of wardens.

24-1-6. Appointment and removal of wardens.
The secretary of corrections shall appoint a warden for each correctional facility under the direction and government of the department. The secretary may remove a warden at the secretary's discretion.
Source: SDC 1939, §13.4704; SL 1945, ch 45; SL 1951, ch 39; SL 1953, ch 37; SL 1961, ch 43; SL 1979, ch 161, §2; SL 1989, ch 20, §71; SL 2023, ch 82, §52.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 01 - Management Of State Correctional Facilities › Section 24-1-8 - Salary of wardens.

24-1-8. Salary of wardens.
The secretary of corrections shall fix a salary for the warden of each correction facility, any part of which may be paid out of the prison industries revolving fund.
Source: SDC 1939, §13.4704; SL 1945, ch 45; SL 1951, ch 39; SL 1953, ch 37; SL 1961, ch 43; SL 1979, ch 161, §3; SL 1989, ch 20, §72; SL 2023, ch 82, §53.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 01 - Management Of State Correctional Facilities › Section 24-1-11 - Secretary of corrections as general supervisor of other officers--Standards of personal conduct for officers and employees--Promulgation of rules.

24-1-11. Secretary of corrections as general supervisor of other officers--Standards of personal conduct for officers and employees--Promulgation of rules.
All officers and persons employed by the Department of Corrections shall perform such duties as may be required of them by the secretary, in conformity with law and the rules, policies and procedures of the department. The Department of Corrections may promulgate rules pursuant to chapter 1-26 establishing standards of personal conduct for correctional officers and employees. The standards shall be consistent with those standards of personal conduct required of law enforcement personnel.
Source: SDC 1939, §13.4709; SL 1983, ch 199, §4; SL 1989, ch 20, §74; SL 2023, ch 82, §54.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 01 - Management Of State Correctional Facilities › Section 24-1-12 - Service of process within correctional facility--Officers exempt from jury duty.

24-1-12. Service of process within correctional facility--Officers exempt from jury duty.
All process served within the precincts of a state correctional facility, either upon an inmate or upon a person or officer employed within the precincts thereof, except upon the warden, must be served and returned by the warden, personally or by a designee. All officers and employees of a state correctional facility are exempt from serving upon juries in any state court.
Source: SDC 1939, §13.4702; SL 1980, ch 184; SL 2004, ch 168, §2; SL 2023, ch 82, §55.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 01 - Management Of State Correctional Facilities › Section 24-1-13 - Secretary of corrections as custodian of all correctional facility property.

24-1-13. Secretary of corrections as custodian of all correctional facility property.
The secretary of corrections shall have charge and custody of each state correctional facility, with all lands, buildings, furniture, tools, equipment, implements, stock and provisions, and all other property pertaining thereto or within the precincts thereof.
Source: SDC 1939, §13.4708; SL 1981, ch 193, §1; SL 1989, ch 20, §75; SL 2023, ch 82, §56.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 01 - Management Of State Correctional Facilities › Section 24-1-16 - Correctional facility purchases.

24-1-16. Correctional facility purchases.
The secretary of corrections may make any purchase for a state correctional facility on such conditions and in such manner as in the warden's opinion best promotes the interest of the state.
Source: SDC 1939, §13.4711; SL 2004, ch 168, §3; SL 2023, ch 82, §57.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 01 - Management Of State Correctional Facilities › Section 24-1-25 - Department of Corrections employees prohibited from having interest in department contracts or business.

24-1-25. Department of Corrections employees prohibited from having interest in department contracts or business.
No person employed by the Department of Corrections may have any pecuniary interest in any contract or business conducted by the department.
Source: SDC 1939, §13.4710; SL 1989, ch 20, §76; SL 2023, ch 82, §58.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 01 - Management Of State Correctional Facilities › Section 24-1-26 - Department of Corrections employees prohibited from involvement in procuring clemencies.

24-1-26. Department of Corrections employees prohibited from involvement in procuring clemencies.
No person employed by the Department of Corrections may engage in procuring clemency for any inmate confined therein, except as provided for in §24-2-20.
Source: SDC 1939, §13.4709; SL 1989, ch 20, §77; SL 2023, ch 82, §59.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 01 - Management Of State Correctional Facilities › Section 24-1-26.1 - Sexual acts prohibited between prison employees and prisoners--Felony.

24-1-26.1. Sexual acts prohibited between prison employees and prisoners--Felony.
Any person, employed by the state, or employed within any state prison or other detention facility, who knowingly engages in an act of sexual penetration, as defined in §22-22-2, or sexual contact, as defined in §22-22-7.1, with another person who is in detention and under the custodial, supervisory, or disciplinary authority of the person so engaging, is guilty of a Class 6 felony.
Source: SL 1996, ch 151, §1; SL 2022, ch 77, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 01 - Management Of State Correctional Facilities › Section 24-1-27 - Disposition of a dead inmate--Notice to next of kin.

24-1-27. Disposition of a dead inmate--Notice to next of k
Upon notification of the death of any inmate who has not been released on parole or suspended sentence, an official of the Department of Corrections shall contact the county coroner, who shall proceed in accordance with the provisions of chapter 23-14. A department official shall also attempt to contact the person designated by the inmate prior to death or the next of kin, if known, and offer the body to be delivered to such person at that person's expense. If attempts to contact such persons fail or if the offer of delivery is declined, a department official, after forty-eight hours, shall make arrangements for the disposition of the body.
Source: SDC 1939, §13.4725; SL 1989, ch 20, §78; SL 2023, ch 82, §60.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 01 - Management Of State Correctional Facilities › Section 24-1-35 - Contract with local jail for custody and care of prisoners.

24-1-35. Contract with local jail for custody and care of prisoners.
The Department of Corrections may contract with any local jail in the state for the custody and care of any prisoner committed to a state correctional facility at a rate to be negotiated by the secretary of corrections.
Source: SL 1989, ch 192, §2; SL 2023, ch 82, §61.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 01 - Management Of State Correctional Facilities › Section 24-1-36 - Notice to sentencing judge of inmate's change of status.

24-1-36. Notice to sentencing judge of inmate's change of status.
The sentencing judge may request to be notified by the Department of Corrections if an inmate who was convicted of committing a crime escapes, is released from prison, is placed on furlough or work release pursuant to chapter 24-8, is returned from escape, or is removed from work release. Any notice pursuant to this section shall be made through the statewide automated victim information and notification (SAVIN) system.
Source:
SL 2014, ch 116, §10; SL 2017, ch 107, §6.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-1 - Inmates under custody of secretary of corrections--Delegation of powers.

24-2-1. Inmates under custody of secretary of corrections--Delegation of powers.
All inmates under confinement in a state correctional facility are under the charge and custody of the secretary of corrections, who may delegate to the warden of the state correctional facility the authority to govern, house, discipline and employ them in the manner prescribed by law and the rules and institutional policies of the Department of Corrections as approved by the secretary. A warden may delegate administrative decision making to various staff members or committees consisting of staff members. However, any decision made by such staff member or committee is subject to the final approval of the secretary.
Source: SDC 1939, §13.4713; SL 1981, ch 193, §2; SL 1983, ch 199, §7; SL 1989, ch 20, §84; SL 2023, ch 82, §62.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-2.1 - Certified judgment containing certain information required for acceptance of delivery.

24-2-2.1. Certified judgment containing certain information required for acceptance of delivery.
A warden may not accept delivery of a defendant to a state correctional facility without a certified copy of the judgment containing the information required pursuant to §23A-27-4.
Source: SL 2007, ch 150, §3; SL 2023, ch 82, §64.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-5 - Disposition of inmate's personal effects.

24-2-5. Disposition of inmate's personal effects.
A correctional facility official shall mail to the destination of the inmate's choice, at the expense of the inmate, all effects, except money, in possession of each inmate when committed to the correctional facility. Money shall be deposited in the inmate's personal institutional account.
Source: SDC 1939, §13.4721; SL 1981, ch 193, §3; SL 1989, ch 20, §86; SL 2023, ch 82, §65.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-6 - Maintenance of order--Prevention of escapes.

24-2-6. Maintenance of order--Prevention of escapes.
Officers and employees may use any necessary means, including reasonable force, to maintain order in any adult correctional facility, to enforce obedience, suppress insurrections and prevent escapes, even at the hazard of life.
Source:
SDC 1939, §13.4717; SL 1979, ch 161, §4; SL 1989, ch 20, §87; SL 1990, ch 178.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-9 - Disciplinary sanctions authorized--Corporal punishment prohibited.

24-2-9. Disciplinary sanctions authorized--Corporal punishment prohibited.
Any inmate violating the rules or institutional policies is subject to any one or more of the following disciplinary sanctions:
(1)Withholding of statutory time for good conduct;
(2)Punitive confinement;
(3)Imposition of fines;
(4)Restriction of privileges;
(5)Loss of work or school privileges;
(6)Additional labor without compensation;
(7)Referral to various programs;
(8)Transfer to a more secure housing unit;
(9)Change in classification status.
No corporal punishment may be inflicted upon any inmate in a state correctional facility.
Source: SDC 1939, §13.4715; SL 1981, ch 193, §5; SL 1989, ch 20, §88; SL 1990, ch 179, §1; SL 1994, ch 187, §2; SL 2004, ch 168, §4; SL 2023, ch 82, §66.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-10 - Unauthorized injury to inmate--Punishment.

24-2-10. Unauthorized injury to inmate--Punishment.
Any person sentenced to imprisonment in a state correctional facility is under the protection of the law, and any injury to such person not authorized by law is punishable in the same manner as if the person were not convicted or sentenced.
Source: SDC 1939, §13.0204; SL 1989, ch 20, §89; SL 2004, ch 168, §5; SL 2023, ch 82, §67.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-12 - Punitive confinement--Forfeiture of good conduct time.

24-2-12. Punitive confinement--Forfeiture of good conduct time.
Any inmate against whom the disciplinary sanction of punitive confinement has been given for violating any of the rules or policies of the Department of Corrections, unless otherwise determined by the secretary of corrections, shall be housed in a segregation section of the state correctional facility for such period as may be necessary for the best interests of discipline, justice, rehabilitation, and the protection of the inmate and others. The disciplinary board, established by rules promulgated by the Department of Corrections, may take away time granted for good conduct pursuant to §24-5-1 for violating any of the rules or policies of the Department of Corrections, following a hearing and subject to the approval of the secretary of corrections.
Source: SDC 1939, §13.4716; SL 1981, ch 193, §6; SL 1989, ch 20, §90; SL 1990, ch 179, §2; SL 1994, ch 189, §3; SL 2004, ch 168, §6; SL 2023, ch 82, §68.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-12.1 - Earning back forfeited good conduct time.

24-2-12.1. Earning back forfeited good conduct time.
Any inmate having forfeited time granted for good conduct pursuant to §24-2-12 may earn such forfeited time back by petitioning the classification board, established by the rules promulgated by the Department of Corrections, for restoration of good conduct time if the inmate has remained free of disciplinary sanctions for three full calendar months succeeding the termination of the imposed disciplinary sanction. The Department of Corrections may promulgate rules, pursuant to chapter 1-26, regarding the restoration of forfeited good conduct time. This section does not apply to the forfeiture of time granted for good conduct pursuant to §24-2-18.
Source:
SL 1981, ch 193, §7; SL 1987, ch 29, §79; SL 1989, ch 20, §91; SL 1990, ch 179, §3.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-12.2 - Restoration of good conduct time.

24-2-12.2. Restoration of good conduct time.
Upon the recommendation of the warden, the secretary of the Department of Corrections may, at any time prior to the inmate's final discharge, restore time granted for good conduct which has been forfeited pursuant to §24-2-12. This section does not apply to the forfeiture of time granted for good conduct pursuant to §24-2-18.
Source:
SL 1990, ch 179, §4; SL 1994, ch 189, §4.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-14 - Alcoholic beverages, drugs, weapons, or articles of indulgence prohibited--Exception--Felony.

24-2-14. Alcoholic beverages, drugs, weapons, or articles of indulgence prohibited--Exception--Felony.
No alcoholic beverage, marijuana, or weapon, as defined in subdivision 22-1-2(10), may be possessed by any inmate of a state correctional facility. No prescription or nonprescription drug, controlled substance as defined by chapter 34-20B, or any article of indulgence may be possessed by any inmate of a state correctional facility except by order of a physician, physician assistant, or licensed nurse practitioner, as defined in chapters 36-4, 36-4A, and 36-9A, respectively. Such order must be in writing and for a definite period. Any violation of this section constitutes a felony pursuant to the following schedule:
(1)Possession of any alcoholic beverage or marijuana is a Class 6 felony;
(2)Possession of any prescription or nonprescription drug or controlled substance is a Class 4 felony;
(3)Possession of a weapon as defined in subdivision 22-1-2(10) is a Class 2 felony.
Source: SDC 1939, §13.4720; SL 1981, ch 193, §8; SL 1985, ch 192, §51; SL 1987, ch 183; SL 1989, ch 20, §93; SL 2001, ch 127, §2; SL 2004, ch 168, §7; SL 2017, ch 171, §50; SL 2023, ch 82, §69.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-15 - Diminution of period of confinement for good behavior, failing health, or other reason in the interest of justice.

24-2-15. Diminution of period of confinement for good behavior, failing health, or other reason in the interest of justice.
If any inmate, convicted under the laws of this state, has demonstrated continued exceptional good behavior, or is in failing health, or for some other good and sufficient reason in the interest of justice, the Governor, upon the recommendation of the secretary of corrections, may diminish the inmate's period of confinement.
Source:
SDC 1939, §13.4719; SL 1981, ch 193, §9; SL 1989, ch 20, §94; SL 2004, ch 168, §8.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-17 - Record of inmate conduct and infractions--Notice--Challenge to findings or sanctions--Investigation--Modification--Use of record.

24-2-17. Record of inmate conduct and infractions--Notice--Challenge to findings or sanctions--Investigation--Modification--Use of record.
The warden of a state correctional facility shall keep a true record of the conduct of each inmate and shall specify each infraction of the rules of discipline. An inmate shall receive notice of every entry on the inmate's record of each such infraction of the rules of discipline and shall have thirty days to challenge the validity of the finding that the inmate committed the rule infraction or the disciplinary sanction imposed by notifying the warden. After investigation, the warden may determine that the inmate did not commit the rule infraction and revise the record accordingly. The warden may also modify the imposed disciplinary sanction or rule infraction upon approval of the secretary of corrections. The record shall be used whenever the question of any inmate's eligibility for parole or discharge arises pursuant to §24-5-1.
Source: SDC 1939, §13.4706; SL 1939, ch 32; SL 1974, ch 170, §1; SL 1981, ch 193, §10; SL 1989, ch 20, §95; SL 2004, ch 168, §9; SL 2009, ch 128, §2; SL 2023, ch 82, §70.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-18 - Warden's recommendation respecting good conduct time--Hearing and decision by secretary.

24-2-18. Warden's recommendation respecting good conduct time--Hearing and decision by secretary.
The warden may, at any time prior to an inmate's final discharge, consider recommendations of the disciplinary committee pertaining to the withholding of statutory time granted for good conduct and may recommend to the secretary of corrections that the reduction of time for good conduct pursuant to §24-5-1 be withheld in full or in part. The warden may also, at any time prior to the inmate's final discharge, recommend to the secretary of corrections that the reduction of time for good conduct pursuant to §24-5-1 be withheld in full or in part for conduct evincing an intent to reoffend or commit further offenses when discharged or for any person convicted of a sex crime within the meaning of §22-24B-1 who fails to fully cooperate with all treatment offered.
The secretary shall, after hearing, fix the amount of time earned by good conduct to be withheld, which decision is final.
Source:
SDC 1939, §13.4706 as added by SL 1939, ch 32; SL 1974, ch 170, §2; SL 1981, ch 193, §11; SL 1989, ch 20, §96; SL 1993, ch 186; SL 1995, ch 138; SL 2004, ch 168, §10.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-19 - Documentation of pertinent information regarding inmates.

24-2-19. Documentation of pertinent information regarding inmates.
Written documentation shall be maintained of each inmate's institutional adjustment, rehabilitative progress, medical history, and any other facts considered pertinent by the warden.
Source:
SDC 1939, §13.4714; SL 1989, ch 20, §97.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-20 - Records and information furnished court, secretary, board, or Governor--Information that may be released for certain other purposes.

24-2-20. Records and information furnished court, secretary, board, or Governor--Information that may be released for certain other purposes.
Notwithstanding the provisions of §24-1-26, when requested, regarding the fitness of any inmate, sentenced as an adult, for a modification of sentence, parole, pardon, or early release, the warden shall furnish only to the sentencing court, the secretary of corrections, the Board of Pardons and Parole, or the Governor, respectively, any requested record, fact, or opinion in the warden's possession or knowledge. The Department of Corrections may release the following information on any inmate or parolee sentenced as an adult for purposes of community and victim notification pursuant to subdivisions 23A-28C-1(10) and (12) and §23A-28C-5, and to other governmental entities as defined in §24-2-20.1:
(1)Name and any known aliases;
(2)Date of birth or age;
(3)Race and gender;
(4)Location of incarceration;
(5)Community of residence;
(6)Custody status and conditions of supervision;
(7)Any Department of Corrections sentence identification number;
(8)Any crime of conviction;
(9)Number of felony convictions;
(10)Sentence, time suspended, jail time credit, and revoked good-time credits;
(11)Offense, sentence, admission, release, and parole eligibility dates;
(12)Dates of pending hearings and final determinations of parole, suspended sentence, pardon, and commutation hearings;
(13)Status as an inmate, parolee, or person who has completed a prison term;
(14)County of conviction;
(15)Plea;
(16)Citizenship status;
(17)Birth town, state, and country; and
(18)Identification photograph and physical description.
The department is not civilly liable for good faith conduct under this section.
Source:
SDC 1939, §13.4714; SL 1983, ch 199, §6; SL 1989, ch 20, §98; SL 2001, ch 118, §4; SL 2004, ch 168, §11; SL 2011, ch 126, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-20.1 - Governmental entities defined.

24-2-20.1. Governmental entities defined.
As used in §24-2-20, the term, governmental entities, means any department, division, or other public agency of any municipal, county, state, or national government.
Source: SL 2001, ch 118, §5; SL 2004, ch 168, §12.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-22 - Possession of unauthorized articles with intent to deliver to inmate as felony.

24-2-22. Possession of unauthorized articles with intent to deliver to inmate as felony.
Any employee or other person who delivers or procures to be delivered, or possesses with the intention to deliver, to any inmate in a state correctional facility, or deposits or conceals in or around any facility or place used to house inmates, or in any mode of transport entering upon the grounds of any facility or place and its ancillary facilities used to house inmates, any article which is unlawful for an inmate to possess pursuant to state law or the rules of the Department of Corrections with the intent that any inmate obtain or receive such article, is guilty of a Class 6 felony.
Source: SDC 1939, §13.1229 as added by SL 1947, ch 49; SL 1979, ch 150, §33; SL 1989, ch 20, §99; SL 1990, ch 180, §4; SL 2004, ch 168, §13; SL 2023, ch 82, §71.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-25 - Extension of confinement limits to permit visits to designated places.

24-2-25. Extension of confinement limits to permit visits to designated places.
The secretary of corrections may extend the limits of the place of confinement of an inmate, if the secretary has reasonable cause to believe that the inmate will honor the secretary's prescribed conditions to visit or be housed in specifically designated places within the state.
Source: SL 1973, ch 157; SL 1989, ch 20, §101; SL 2004, ch 168, §14; SL 2023, ch 82, §72.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-26 - Confiscation and disposition of unauthorized articles and money in inmate's possession.

24-2-26. Confiscation and disposition of unauthorized articles and money in inmate's possession.
The warden may confiscate and dispose of, in the manner as in the opinion of the secretary of corrections will best promote the interest of the state, any article in the personal possession of any inmate which is unlawful for an inmate to possess pursuant to state law or the rules of the Department of Corrections. Any unauthorized money which is confiscated shall be deposited in the state general fund.
Source:
SL 1981, ch 193, §4; SL 1989, ch 20, §102; SL 2004, ch 168, §15.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-27 - Facilities, programs, or services outside correctional facilities--Contracts with other agencies for care of inmates--No right or court order for housing in particular facility or participation in specific program or services--Escape.

24-2-27. Facilities, programs, or services outside correctional facilities--Contracts with other agencies for care of inmates--No right or court order for housing in particular facility or participation in specific program or services--Escape.
The Department of Corrections may establish and maintain facilities, programs, or services outside the precincts of a state correctional facility and contract with other governmental entities for the care and maintenance of inmates committed to the Department of Corrections. However, the court may not order that an inmate be housed in any particular facility nor may the court order that an inmate be placed in a specific program or receive specific services. No inmate has any implied right or expectation to be housed in any particular facility, participate in any specific program, or receive any specific service. Each inmate is subject to transfer from any one facility, program, or service at the discretion of the secretary of corrections or a designee of the secretary. Any escape from a state correctional facility or from a facility, program, or service maintained outside a state correctional facility is a violation of §22-11A-2 or 22-11A-2.1. Venue for a prosecution for an escape from any facility is the county where the acts constituting the escape take place.
Source: SL 1983, ch 199, §5; SL 1984, ch 138, §2; SL 1985, ch 192, §54; SL 1986, ch 198; SL 1986, ch 200; SL 1989, ch 20, §103; SL 2004, ch 168, §16; SL 2017, ch 110, §1; SL 2023, ch 82, §73.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-27.1 - Halfway house defined.

24-2-27.1. Halfway house defined.
The term, halfway house, means a residential facility that provides services and supervision of inmates for the purpose of reintegrating inmates into the community. Each halfway house shall be operated by a unit of local government, the Department of Corrections, or any private individual, partnership, corporation, or association. A halfway house may provide:
(1)Monitoring of the activities of inmates;
(2)Oversight of victim restitution and community service by inmates;
(3)Day reporting programs; and
(4)Programs and services to aid inmates in obtaining and holding regular employment, enrolling in and maintaining academic courses, participating in vocational training programs, utilizing the resources of the community, meeting the personal and family needs of inmates, obtaining appropriate treatment for inmates, and participating in whatever specialized programs exist within the community and other services and programs as may be appropriate to aid in inmate rehabilitation and public safety.
Source:
SL 2016, ch 139, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 02 - Care And Discipline Of State Correctional Facility Inmates › Section 24-2-28 - Costs of confinement and services--Liability of inmate.

24-2-28. Costs of confinement and services--Liability of inmate.
Each inmate under the jurisdiction of the Department of Corrections is liable for the cost of the inmate's confinement which includes room and board charges; medical, dental, optometric, and psychiatric services charges; vocational education training; and alcoholism treatment charges.
However, if the secretary of corrections determines after considering the net income, net worth, number of dependents, and any existing obligations of the inmate, that the inmate is unable to pay, the secretary may waive all or part of the payment for the costs of the inmate's confinement.
Source:
SL 1985, ch 192, §55; SL 1989, ch 20, §104; SL 1994, ch 188, §2; SL 2004, ch 168, §17.