reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-16 - Jail records to be maintained.

24-11-16. Jail records to be maintained.
The sheriff or other officer having charge of any jail shall keep jail records. These records shall be carefully kept and preserved and delivered to such officer's successor in office. The officer shall exhibit these records to any judge of the circuit court, if requested to do so, and to the Department of Corrections for the purposes on monitoring compliance with the requirements of the Juvenile Justice and Delinquency Prevention Act pursuant to §1-15-28.
Source:
SDC 1939, §13.4606; SL 1981, ch 195, §4; SL 1983, ch 198, §4; SL 2003, ch 149, §10.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-17 - Duty of sheriff to keep commitment orders and like documents--Copies of returns--Return as prima facie evidence of right to confine prisoner.

24-11-17. Duty of sheriff to keep commitment orders and like documents--Copies of returns--Return as prima facie evidence of right to confine prisoner.
All instruments of every kind, or attested copies thereof, by which a prisoner is committed or liberated, shall be regularly endorsed, filed, and safely kept by the sheriff or officer acting as jailer, and shall be delivered to his successor in office.
When a prisoner is confined by virtue of any process directed to the sheriff or other officer, and which shall require to be returned to the court whence it issued, such sheriff or officer shall keep a copy of the same, together with his return made thereon, which copy, duly certified by such sheriff or other officer, shall be prima facie evidence of his right to retain such prisoner in custody.
Source:
SDC 1939, §13.4607.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-19 - Separation of sexes.

24-11-19. Separation of sexes.
All jails shall confine persons of different sexes apart from each other.
Source:
SDC 1939, §13.4601; SL 1981, ch 195, §6.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-20 - Failure to separate sexes as misdemeanor.

24-11-20. Failure to separate sexes as misdemeanor.
It is a Class 2 misdemeanor for any officer having charge of any jail to keep together in the same cell block male and female prisoners, except husband and wife.
Source:
SDC 1939, §§13.4609, 13.4621; SL 1979, ch 150, §36; SL 1981, ch 195, §7.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-21 - Furnishing prisoner necessaries--Receipt of medical treatment as assignment of insurance proceeds, etc.--Unrecovered payments as lien.

24-11-21. Furnishing prisoner necessaries--Receipt of medical treatment as assignment of insurance proceeds, etc.--Unrecovered payments as lien.
The governing body or board of county commissioners is responsible for securing bedclothing, laundry, board, nursing when required, and all necessaries for the comfort and welfare of the prisoners.
If a prisoner or any person under arrest receives medical treatment pursuant to this section for which the governing board or board of county commissioners is liable, the receipt of such medical treatment shall, as to the person receiving such treatment, operate as an assignment by operation of law of any rights to medical support, insurance proceeds, or both, that the prisoner or person under arrest may have for himself. Any rights or amounts so assigned shall be applied against the cost of medical care paid under this section. Any payments made under this section for medical care not recovered shall constitute a lien pursuant to §28-14-1.
Source:
SDC 1939, §13.4608; SL 1985, ch 204, §1; SL 1988, ch 199.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-21.1 - Medical provider to submit claim for services to insurer before submitting claim to county.

24-11-21.1. Medical provider to submit claim for services to insurer before submitting claim to county.
If an inmate of a county jail requires medical, dental, optometric, chiropractic, or psychiatric care, the medical provider shall submit the claim for costs of the services to any available insurer, prior to submitting the claim to the county. If the claim is denied, or no insurer is available, the medical provider may submit the claim to the county for payment with any applicable proof of denial. If the county pays the claim, it is entitled to seek payment pursuant to §24-11-21.
Source:
SL 2015, ch 143, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-23 - Policies and procedures--Adoption--Contents.

24-11-23. Policies and procedures--Adoption--Contents.
The governing body or commission responsible for the operation of a jail shall adopt written policies and procedures for the regulation of the jail on the following subjects:
(1)The cleanliness of the prisoners;
(2)The classification of prisoners by sex, age, crime, and mental illness;
(3)Beds and clothing;
(4)Warming, lighting, and ventilation of the jail;
(5)The employment of medical and surgical aid when necessary;
(6)Employment, temperance, and instruction of the prisoners;
(7)The communication between prisoners and their counsel and other persons; however, no mail censorship is to be allowed of inmates' correspondence to and from their counsel, or their designated agents;
(8)The punishment of prisoners for violation of the policies and procedures of the jail;
(9)The twenty-four hour supervision of the jail when it houses any inmate population which policies and procedures may provide for supervision by means other than the continuous personal presence of jail personnel;
(10)The training of the jailors;
(11)Such other policies and procedures to ensure the fair and humane treatment of and to promote the welfare of the prisoners; provided, that such policies and procedures shall not be contrary to the laws of this state.
Source:
SDC 1939, §13.4603; SL 1979, ch 161, §10; SL 1980, ch 185, §1; SL 1983, ch 198, §5.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-24 - Posting and distribution of policies and procedures.

24-11-24. Posting and distribution of policies and procedures.
The sheriff or officer in charge of each jail shall, on the receipt of such policies and procedures, cause them to be posted and kept posted in some conspicuous place accessible to all prisoners in the jail or provide a copy to each prisoner upon admission.
Source:
SDC 1939, §13.4603; SL 1981, ch 195, §8; SL 1983, ch 198, §6.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-27 - Power of circuit judge to visit jail and make order--Violation of order as contempt.

24-11-27. Power of circuit judge to visit jail and make order--Violation of order as contempt.
The judge of the circuit court may visit, inspect, and supervise all the jails in his circuit and all county and municipal officers shall comply with the orders of such court relating to jails or inmates therein, in accordance with law and the policies and procedures provided for in §24-11-23, and the violation of any such order may be punished as a contempt of court.
Source:
SDC 1939, §13.4604; SL 1957, ch 33; SL 1983, ch 198, §8.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-28 - Work required of certain prisoners--Determination by sentencing court whether prisoner should work--Particular work permissible.

24-11-28. Work required of certain prisoners--Determination by sentencing court whether prisoner should work--Particular work permissible.
Every able-bodied prisoner over eighteen and not more than fifty years of age confined in any jail under the judgment of any court authorized to imprison upon conviction for the violation of any law of this state, an 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, may be required to labor during the whole or some part of each day of his sentence, but not more than eight hours in any one day. Such court, when passing judgment of imprisonment, shall determine and specify whether such confinement shall be at hard labor or not. Such labor may be in the jail or jailyard, upon public roads or streets, public buildings, public grounds, or elsewhere in the county.
Source:
SDC 1939, §13.4615; SL 1979, ch 149, §12; SL 1987, ch 29, §81; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-29 - Inmates requesting work.

24-11-29. Inmates requesting work.
All persons confined in any jail may be allowed upon request to perform the labor described by §24-11-28.
Source:
SDC 1939, §13.4615.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-30 - Sentence for violation of state law--Work performed under direction of county board and for county.

24-11-30. Sentence for violation of state law--Work performed under direction of county board and for county.
Whenever a sentence is for violation of a state law, and the prisoner is confined in a county jail, the labor described by §§24-11-28 and 24-11-29 shall be performed under the direction of the board of county commissioners and superintended by the sheriff, who shall furnish necessary materials and tools at the expense of the county, and the county shall be entitled to the benefit thereof subject to the provisions of this chapter.
Source:
SDC 1939, §13.4616.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-31 - Sentence for violation of local law--Labor performed under local governing body for its benefit.

24-11-31. Sentence for violation of local law--Labor performed under local governing body for its benefit.
When sentence is for a violation of an ordinance, bylaw, or regulation of a municipality or civil township, the labor described by §§24-11-28 and 24-11-29 shall be performed under the direction of its governing body, who shall furnish the materials at the expense of the municipality, or civil township entitled to the benefit thereof, subject to the provisions of this chapter.
Source:
SDC 1939, §13.4616; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-32 - Prisoner's compensation for work--Payment to dependents--Allowance by board of county commissioners.

24-11-32. Prisoner's compensation for work--Payment to dependents--Allowance by board of county commissioners.
Each prisoner performing labor may be paid a reasonable compensation by the county, municipality, or civil township benefited thereby. The provisions of §60-11-3 do not apply to prisoners. Such compensation or such portion thereof as the court or tribunal shall direct may be paid to the spouse, family, or dependents of such prisoner, or such other person as the court or tribunal may direct, and shall be in such amount as such court or tribunal shall determine upon application of the person or officer under whose superintendency the work shall be performed, and shall be allowed by the board of county commissioners or governing body of the municipality, or civil township, upon the order of such court or tribunal.
Source:
SDC 1939, §13.4617; SL 1979, ch 149, §13; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-32.1 - Charge against work release pay for maintenance cost--Waiver by commissioners.

24-11-32.1. Charge against work release pay for maintenance cost--Waiver by commissioners.
The board of county commissioners may require by resolution that a sum not to exceed the average daily prisoner cost may be charged to work release inmates of county jails as restitution to be applied toward prisoner maintenance cost, including but not limited to, room and board. In instances of undue hardship, the commissioners may reduce or waive the charges.
Source:
SL 1978, ch 184; SL 1981, ch 195, §9.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-33 - Crediting work against fine imposed.

24-11-33. Crediting work against fine imposed.
In addition to the compensation provided by §24-11-32, for each day's labor the prisoner shall be credited two dollars on any judgment for fine, and when imprisoned in default of payment of a fine, he shall be discharged whenever he has performed sufficient labor at such rate to pay the same.
Source:
SDC 1939, §13.4617.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-35 - Prevention of escape while working.

24-11-35. Prevention of escape while working.
The officer in charge of prisoners sentenced to labor pursuant to §24-11-28 may use all reasonable means necessary to prevent escape or to enforce obedience.
Source:
SDC 1939, §13.4619.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-36 - Protection of working prisoners from public annoyance.

24-11-36. Protection of working prisoners from public annoyance.
The officer in charge of prisoners sentenced to labor shall protect them from insult and annoyance while at labor or going to and returning therefrom.
Source:
SDC 1939, §13.4619.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-37 - Communication with working prisoner as petty offense.

24-11-37. Communication with working prisoner as petty offense.
Any person who insults, annoys, or communicates with prisoners engaged in any labor, after being commanded by any officer in charge of such prisoners to desist, commits a petty offense.
Source:
SDC 1939, §13.4623; SL 1979, ch 150, §38.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-38 - Malfeasance by jail officials--Misdemeanor.

24-11-38. Malfeasance by jail officials--Misdemeanor.
Any officer or person having charge of any jail who refuses or intentionally neglects to perform any duty required by the provisions of this chapter or the policies and procedures implemented through the provisions of §24-11-23, is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §13.4620; SL 1979, ch 161, §11; SL 1980, ch 185, §3; SL 1983, ch 198, §9.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-39 - Municipality, county, or jail compact authorized to construct, lease, operate, purchase, maintain, or manage correctional facilities--Contract with private entity.

24-11-39. Municipality, county, or jail compact authorized to construct, lease, operate, purchase, maintain, or manage correctional facilities--Contract with private entity.
Any municipality, county, or jail compact established pursuant to §24-11-4.1, may construct, lease, operate, purchase, maintain, or manage a jail, correctional facility, detention center, work camp, or related facility, either for its own inmate or prisoner needs or for the inmate or prisoner needs of the Department of Corrections or any other municipality, county, state, or federal agency, whether within the State of South Dakota or outside the State of South Dakota. Any such facility may be operated by a private entity under contract with the compact, municipality, or county. In addition, the authority granted to counties in §§7-25-19 and 7-25-20 applies to this section and §§24-11-40 to 24-11-44, inclusive.
Source:
SL 1991, ch 207, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-40 - Contract for placement of inmates or prisoners--Certain private entities excepted.

24-11-40. Contract for placement of inmates or prisoners--Certain private entities excepted.
The governing body of any compact, municipality, or county may contract with a private entity to place inmates or prisoners in a detention facility, jail, correctional facility, work camp, or related facility operated by a private entity. The governing body of the compact, municipality, or county may not contract with a private entity in which a member of the governing body of the compact, municipality, or county or an elected or appointed peace officer who serves in the municipality or county has a financial interest.
Source:
SL 1991, ch 207, §2.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-41 - Requests for proposals by public notice--Written approval of law enforcement official for contracts.

24-11-41. Requests for proposals by public notice--Written approval of law enforcement official for contracts.
The governing body of any compact, municipality, or county may contract with a private entity to provide for the financing, design, construction, leasing, operation, purchase, maintenance or management of a jail, correctional facility, detention center, work camp, or related facility. The governing body of any compact, municipality, or county may not award a contract under this section unless it requests proposals by public notice and not less than thirty days from such notice receives a proposal that meets or exceeds the requirements specified in the request for proposals. Before the governing body of any compact, municipality, or county enters into a contract under this section, the governing body of the compact, municipality, or county shall receive the written approval of the sheriff or other designated law enforcement official of such municipality or county, which written approval shall not be unreasonably withheld.
Source:
SL 1991, ch 207, §3.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-42 - Requirements of contract for correctional facility.

24-11-42. Requirements of contract for correctional facility.
A contract made under §24-11-41 shall:
(1)Require the private entity to operate the facility in compliance with minimum standards, to the extent such standards may be applicable, adopted by the Department of Corrections or any other applicable state agency having jurisdiction with respect thereto and, to the extent otherwise required, receive and retain a certification of compliance from such agency;
(2)Provide for regular, on-site monitoring by the sheriff or other designated law enforcement official;
(3)If the contract includes construction, require a performance bond approved by the governing body that is adequate and appropriate for the proposed construction contract;
(4)Provide for assumption of liability by the private entity for all claims arising from the services performed under the contract by the private entity;
(5)Provide for an adequate plan of insurance for the private entity and its officers, guards, employees, and agents against all claims, including claims based on violations of civil rights, arising from the services performed under the contract by the private entity;
(6)Provide for a plan for the purchase and assumption of operations by the compact, municipality, or county in the event of the bankruptcy of the private entity;
(7)If the contract involves conversion of an existing correctional facility to provide private entity operation, require the private entity to give preferential consideration in hiring to employees at the existing facility who meet or exceed the private entity's qualifications and standards for employment in available positions;
(8)Require the private entity to provide health care benefits comparable to that of the compact, municipality, or county;
(9)Provide for an adequate plan of insurance to protect the compact, municipality, or county against all claims arising from the services performed under the contract by the private entity and to protect the compact, municipality, or county from actions by a third party against the private entity, its officers, guards, employees, and agents as a result of the contract; and
(10)Contain comprehensive standards for conditions of confinement and annual review of the programs for compliance.
Source:
SL 1991, ch 207, §4.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-43 - Liability of private entity contracting for correctional facility.

24-11-43. Liability of private entity contracting for correctional facility.
A private entity operating under a contract authorized by §24-11-40 or 24-11-41 is not entitled to claim sovereign immunity in a suit arising from the services performed under the contract by the private entity. However, this section does not deprive the private entity or the compact, municipality, or county of any benefits of any law limiting exposure to liability, setting a limit on damages or establishing defenses to liability.
Source:
SL 1991, ch 207, §5.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-44 - Sections 24-11-39 to 24-11-43 liberally construed.

24-11-44. Sections 24-11-39 to 24-11-43 liberally construed.
Sections 24-11-39 to 24-11-43, inclusive, shall be liberally construed for the public purpose of providing additional jails, correctional facilities, detention centers, work camps, or related facilities and for authorizing contracts with private parties in connection therewith.
Source:
SL 1991, ch 207, §6.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-45 - Prisoner liable for costs of confinement--Deferred payment plan or waiver.

24-11-45. Prisoner liable for costs of confinement--Deferred payment plan or waiver.
A prisoner confined to any jail while serving a sentence is liable for the cost of the prisoner's confinement including room and board charges; medical, dental, optometric, and psychiatric services charges; vocational education training; chemical dependency treatment charges; and transportation costs as set forth in subdivision 7-12-18(4), where transporting the prisoner is required. If, after considering the prisoner's net income, net worth, number of dependents, and any existing obligations, the judge who sentenced the prisoner to jail determines that the prisoner is unable to pay the full amount at one time, the judge may allow the prisoner to set up a deferred payment plan for payment for the costs of the inmate's confinement or waive all or part of the payment if the prisoner demonstrates an inability to pay.
Source:
SL 1995, ch 141, §1; SL 2018, ch 149, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-45.1 - County lien for costs of confinement.

24-11-45.1. County lien for costs of confinement.
If any county pays for the costs of confining a prisoner serving a sentence in a county jail, the county shall have a lien pursuant to chapter 28-14.
Source:
SL 1999, ch 129, §1; SL 2018, ch 149, §2.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-46 - Prisoner liable for fines, restitution, and obligation.

24-11-46. Prisoner liable for fines, restitution, and obligation.
A prisoner confined to any jail while serving a sentence is liable for court-ordered fines and restitution and any obligation incurred while under the custody of the sheriff or officer having charge of the jail. Disbursement shall be made from a prisoner's account to defray the prisoner's obligation, regardless of the source of the prisoner's funds, including moneys in the prisoner's account from wages earned by the prisoner pursuant to §24-11-32.
Source:
SL 1995, ch 141, §2.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-47 - Possession of alcoholic beverages, controlled substances, marijuana, or weapons as felony.

24-11-47. Possession of alcoholic beverages, controlled substances, marijuana, or weapons as felony.
No alcoholic beverages, controlled substances as defined by chapter 34-20B, marijuana, or weapons as defined in subdivision 22-1-2(10), may be possessed by any inmate of a jail. No prescription drugs may be possessed by any inmate of a jail except by order of a physician, physician assistant, or certified nurse practitioner, as defined in chapters 36-4, 36-4A, and 36-9A, respectively and such an order shall be in writing and for a definite period. For purposes of this section, prescription drugs include nonprescription medication items that have not been authorized by the sheriff and which are not available to inmates except through authorized jail personnel or the inmate commissary system. A violation of this section constitutes a felony pursuant to the following schedule:
(1)Possession of alcoholic beverages or marijuana is a Class 6 felony;
(2)Possession of prescription or nonprescription drugs or controlled substances is a Class 4 felony;
(3)Possession of a weapon as defined in subdivision 22-1-2(10) is a Class 2 felony.
Source:
SL 1995, ch 121, §1; SL 2001, ch 127, §3; SL 2014, ch 119, §2; SL 2017, ch 171, §50.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-47.1 - Possession of electronic communications devices, tobacco products, or other unauthorized items as misdemeanor.

24-11-47.1. Possession of electronic communications devices, tobacco products, or other unauthorized items as misdemeanor.
No cellular telephone, electronic communications device, tobacco product, or any other item not provided by or authorized by the operator of the jail facility may be possessed by an inmate of a jail. No item provided by or authorized by the operator of the jail facility may be possessed by an inmate of a jail if the item has been altered to accommodate a use other than the originally intended use of the item. A violation of this section constitutes a Class 1 misdemeanor.
Source:
SL 2014, ch 119, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-48 - Delivery of prohibited items to inmate as misdemeanor or felony.

24-11-48. Delivery of prohibited items to inmate as misdemeanor or felony.
No employee or other person may deliver or procure to be delivered, or have in such person's possession with intent to deliver, to any person incarcerated in a jail or a juvenile detention facility, or deposit or conceal in or around any jail or in or around a juvenile detention facility, or in any mode of transport entering the grounds of any jail or juvenile detention facility and its ancillary facilities used to house inmates or juveniles, any article or thing prohibited pursuant to §24-11-47 or 24-11-47.1 with intent that any inmate obtain or receive the same. A violation of this section carries the same penalty as the possession of the same item as defined in §24-11-47 or 24-11-47.1.
Source:
SL 1995, ch 121, §2; SL 2001, ch 127, §1; SL 2006, ch 130, §8; SL 2014, ch 119, §3.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-49 - Involuntary treatment of prisoners with psychotropic medication.

24-11-49. Involuntary treatment of prisoners with psychotropic medication.
A prisoner may be involuntarily treated with psychotropic medication if it is determined, pursuant to the provisions of this chapter, that the prisoner 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 a likelihood of serious harm to self or others.
Source:
SL 2013, ch 115, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-50 - Hearing prior to treatment--Panel--Rights of prisoner--Order--Appeal.

24-11-50. Hearing prior to treatment--Panel--Rights of prisoner--Order--Appeal.
Prior to involuntary treatment with psychotropic medication, the prisoner shall receive a hearing before a panel consisting of two medical representatives and a representative appointed by the county sheriff. The medical representatives may include a physician, physician assistant, or certified nurse practitioner; however, at least one shall be a physician. No panel member may have participated in the prisoner's current diagnosis, evaluation, or treatment. The prisoner has the right to notice of the hearing at least forty-eight hours in advance, the right to attend the hearing, the right to present evidence and cross-examine witnesses, and the right to representation by a disinterested lay advisor knowledgeable about psychological issues. The panel may order involuntary treatment with psychotropic medication by majority vote of the panel if the physician is in the majority. The prisoner may appeal the decision of the panel to the circuit court pursuant to chapter 1-26.
Source:
SL 2013, ch 115, §2; SL 2017, ch 171, §50.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-51 - Periodic review of involuntary treatment.

24-11-51. Periodic review of involuntary treatment.
If the involuntary treatment of a prisoner with psychotropic medication is to exceed thirty days, a physician who is not the attending physician shall review the inmate's medical record at least every thirty days and make a written determination whether involuntary treatment with psychotropic medication may be continued.
Source:
SL 2013, ch 115, §3.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-52 - Emergency involuntary treatment.

24-11-52. Emergency involuntary treatment.
In an emergency, involuntary treatment of a prisoner with psychotropic medication may be administered without panel review for up to a maximum of ten days if the treatment is ordered by two physicians.
Source:
SL 2013, ch 115, §4.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-53 - Records of involuntary treatment.

24-11-53. Records of involuntary treatment.
The county sheriff shall maintain records of any involuntary treatment with psychotropic medication. The records shall include the frequency of use of the treatment and any available medical history of a prisoner's prior mental illness, and may include such other information as deemed necessary by the county sheriff to facilitate the management of prisoners.
Source:
SL 2013, ch 115, §5.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-54 - Immunity from liability for involuntary treatment.

24-11-54. Immunity from liability for involuntary treatment.
No person who serves on the hearing panel, who is the attending physician or who orders or participates in the involuntary treatment with psychotropic medication of a prisoner may be held civilly or criminally liable for the treatment pursuant to this chapter if the person performs these duties in good faith and in a reasonable manner according to generally accepted medical or other professional practices.
Source:
SL 2013, ch 115, §6.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11 - Jails › Section 24-11-60 - Training on symptoms of mental health problems and defusing mental health crises.

24-11-60. Training on symptoms of mental health problems and defusing mental health crises.
Officers within any jail, as defined in §24-11-1, shall receive training developed by the Division of Criminal Investigation 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, §28, eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11B - Prisoner Involuntary Feeding And Hydration › Section 24-11B-1 - Prisoner involuntary feeding or hydration--Determination of severe harm--Exceptions.

24-11B-1. Prisoner involuntary feeding or hydration--Determination of severe harm--Exceptions.
The supervisor of a jail, as defined in §24-11-1, or a prison warden may attempt to prevent a prisoner from causing severe harm or death to himself or herself by refusing sufficient nutrition or hydration. A prisoner may be involuntarily fed or hydrated if it is determined, pursuant to the provisions of this chapter, that the prisoner is likely to cause severe harm to himself or herself by refusing sufficient nutrition or hydration. No supervisor of a jail or prison warden may prevent medically imposed fasts for the purpose of conducting medical tests or procedures or religious fasts for a reasonable length of time.
Source:
SL 2005, ch 131, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11B - Prisoner Involuntary Feeding And Hydration › Section 24-11B-2 - Hearing before panel--Panel members--Prisoner rights.

24-11B-2. Hearing before panel--Panel members--Prisoner rights.
Prior to involuntary feeding or hydration, the prisoner shall receive a hearing before a panel consisting of two medical representatives and a representative of the jail or prison. The medical representatives shall be a physician, physician assistant, or certified nurse practitioner. No panel member may have participated in the prisoner's current diagnosis, evaluation, or treatment. The prisoner has the right to notice of the hearing at least forty-eight hours in advance, the right to attend the hearing, the right to present evidence and cross-examine witnesses, and the right to representation by a disinterested lay advisor.
Source:
SL 2005, ch 131, §2; SL 2017, ch 171, §50.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11B - Prisoner Involuntary Feeding And Hydration › Section 24-11B-3 - Duties and powers of hearing panel.

24-11B-3. Duties and powers of hearing panel.
The hearing panel:
(1)Shall engage in a confidential review of the prisoner's medical records;
(2)Shall receive a description of the proposed course of treatment for the involuntary feeding or hydration of the prisoner and testimony of the circumstances of the situation from the attending physician; and
(3)May ask for testimony or written statement concerning the circumstances of the prisoner's lack of nutrition or hydration.
Source:
SL 2005, ch 131, §3.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11B - Prisoner Involuntary Feeding And Hydration › Section 24-11B-4 - Order upon majority vote of panel--Written decision--Appeals.

24-11B-4. Order upon majority vote of panel--Written decision--Appeals.
The panel may order involuntary feeding or hydration by a majority vote. The panel shall provide its decision in writing to the attending physician, the supervisor of the jail or prison warden, and the prisoner. The prisoner may appeal an adverse decision of the panel to the supervisor of the jail in which the prisoner is confined or the secretary of corrections if the prisoner is confined in a Department of Corrections facility. The prisoner may appeal the decision of the jail supervisor or secretary of corrections to circuit court pursuant to chapter 1-26.
Source:
SL 2005, ch 131, §4.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11B - Prisoner Involuntary Feeding And Hydration › Section 24-11B-5 - Emergency involuntary feeding or hydration without panel review--Limitation.

24-11B-5. Emergency involuntary feeding or hydration without panel review--Limitation.
In an emergency, involuntary feeding or hydration of a prisoner may be administered without panel review for up to three days if two medical representatives who are a physician, physician assistant, or certified nurse practitioner order the treatment. Involuntary feeding for a greater length of time requires the approval of the panel.
Source:
SL 2005, ch 131, §5; SL 2017, ch 171, §50.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11B - Prisoner Involuntary Feeding And Hydration › Section 24-11B-6 - Continuation of feeding or hydration--Determination by physician.

24-11B-6. Continuation of feeding or hydration--Determination by physician.
If involuntary feeding or hydration of a prisoner exceeds ten days, a physician who is not the attending physician shall review the prisoner's current case and at subsequent intervals not to exceed three days, make a written determination whether the involuntary feeding or hydration shall be continued. The physician's written determination shall be provided to the attending physician, the supervisor of the jail or prison warden, and the prisoner.
Source:
SL 2005, ch 131, §6.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11B - Prisoner Involuntary Feeding And Hydration › Section 24-11B-7 - Records--Content.

24-11B-7. Records--Content.
A jail or prison shall maintain records of any involuntary feeding or hydration of prisoners. The records shall include any available medical history of a prisoner's prior refusal of adequate nutrition or hydration, current and prior illnesses, and may include such other information as deemed necessary by the jail or prison to facilitate management of prisoners.
Source:
SL 2005, ch 131, §7.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 11B - Prisoner Involuntary Feeding And Hydration › Section 24-11B-8 - Liability for involuntary feeding or hydration of prisoner.

24-11B-8. Liability for involuntary feeding or hydration of prisoner.
No person who serves on the hearing panel, who is the attending physician, who is the supervisor of the jail or prison warden, or who orders or participates in the involuntarily feeding or hydrating of a prisoner may be held civilly or criminally liable for the involuntarily feeding or hydrating of a prisoner pursuant to this chapter if the person performs these duties in good faith and in a reasonable manner according to generally accepted medical or other professional practices.
Source:
SL 2005, ch 131, §8.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 12A - Escapee Recapture Expenses › Section 24-12A-1 - State reimbursement of county for expense of recapture of escapees from Department of Corrections' custody.

24-12A-1. State reimbursement of county for expense of recapture of escapees from Department of Corrections' custody.
Any county of this state, which is compelled to incur expense for the apprehension and detention of escapees from the custody of the Department of Corrections, including sheriff's mileage and expense, the costs and expenses of a trial, and damage or injury resulting to county property, shall be reimbursed by the state for the expense incurred and for any actual damage or injury suffered.
Source:
SL 1955, ch 315, §1; SDC Supp 1960, §12.1919; SL 1968, ch 20; SDCL, §24-12-6; SL 1978, ch 185, §14; SDCL Supp, §24-12-13; SL 1990, ch 160, §1; SDCL, §22-11A-6; SL 2005, ch 120, §323.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 12A - Escapee Recapture Expenses › Section 24-12A-2 - Voucher and warrant for state reimbursement of county.

24-12A-2. Voucher and warrant for state reimbursement of county.
In order to obtain reimbursement pursuant to §24-12A-1, the chair of the board of county commissioners of the county shall present a claim on a voucher to be approved by the secretary of corrections for all of the actual expenses paid by the county. When the voucher is presented to the state auditor, the state auditor shall examine it and, if the claim is just and valid, the state auditor shall issue a warrant for payment to be made from funds appropriated for that purpose, and the state treasurer shall then pay the sum to the treasurer of the county.
Source:
SL 1955, ch 315, §§1, 2; SDC Supp 1960, §12.1919; SL 1968, ch 20; SDCL, §24-12-7; SL 1978, ch 185, §15; SDCL Supp, §22-12-14; SL 1989, ch 20, §66; SDCL, §22-11A-7; SL 2005, ch 120, §§323, 324.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 13 - Board Of Pardons And Paroles › Section 24-13-1 - Composition of board--Appointment of members.

24-13-1. Composition of board--Appointment of members.
The Board of Pardons and Paroles shall consist of nine members. Three members shall be appointed by the Governor; at least one shall be an attorney. Three members shall be appointed by the attorney general; at least one shall be an attorney. Three members shall be appointed by the Supreme Court; at least one shall be an attorney. Each member of the board shall be a resident of South Dakota and be appointed with the advice and consent of the Senate.
Source:
SL 1961, ch 46, §1; SDCL, §23-58-1; SL 1978, ch 186, §2; SL 1992, ch 177, §2; SL 2002, ch 123, §1.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 13 - Board Of Pardons And Paroles › Section 24-13-2 - Terms of board members--Vacancies--Training.

24-13-2. Terms of board members--Vacancies--Training.
The members of the board shall serve for terms of four years. Members are eligible for reappointment. The Governor, the attorney general, and the Supreme Court each shall appoint three members, whose terms shall expire on the third Monday in January of the fourth year after appointment. Each member shall serve until a successor takes office as provided by law. In case of a vacancy, the appointing power shall make an interim appointment to expire at the end of the next legislative session. Each member of the board shall complete annual training developed in consideration of information from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association and shall be compensated for the training at a rate to be determined by the Department of Corrections. Each first-time appointee of the board shall, within sixty days of appointment, complete training for first-time parole board members developed in consideration of information from the National Institute of Corrections, the Association of Paroling Authorities, or the American Probation and Parole Association. Training components shall include the use of a validated risk and needs assessment and the use of data guided by evidence-based practices for making parole decisions.
Source:
SL 1961, ch 46, §1; SDCL §23-58-1; SL 1978, ch 186, §3; SL 1992, ch 177, §3; SL 2002, ch 123, §2; SL 2013, ch 101, §34.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 13 - Board Of Pardons And Paroles › Section 24-13-3 - Direction and supervision of Board of Pardons and Paroles--Records and reports--Coordination of programs.

24-13-3. Direction and supervision of Board of Pardons and Paroles--Records and reports--Coordination of programs.
The Board of Pardons and Paroles shall be administered under the direction and supervision of the Department of Corrections but shall retain the quasi-judicial, quasi-legislative, advisory, and other nonadministrative functions otherwise vested in it, and shall exercise those functions independently of the Department of Corrections. The Board of Pardons and Paroles shall submit records, information, and reports in the form and at such times as required by the secretary of corrections, except that the Board of Pardons and Paroles shall report at least annually. The Board of Pardons and Paroles shall also coordinate programs under its jurisdiction with related programs under the jurisdiction of the Department of Corrections.
Source:
SL 1973, ch 2, §85; SL 1977, ch 198, §13; SDCL Supp, §23-58-1.1; SL 1978, ch 186, §1; SL 1989, ch 20, §169.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 13 - Board Of Pardons And Paroles › Section 24-13-4 - Chair of board--Meetings.

24-13-4. Chair of board--Meetings.
At the first meeting in each year, the board shall select one of its members as chair. The board shall meet at the times and places prescribed by its rules and whenever called together by the chair.
Source:
SL 1961, ch 46, §§1, 3; SDCL, §23-58-4; SL 1978, ch 186, §7; SL 1979, ch 164, §1; SL 1990, ch 183, §1; SL 1992, ch 177, §5; SL 2004, ch 168, §41.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 13 - Board Of Pardons And Paroles › Section 24-13-4.1 - Quorum.

24-13-4.1. Quorum.
A majority of the members shall constitute a quorum for official administrative business.
Source:
SL 1992, ch 177, §6.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 13 - Board Of Pardons And Paroles › Section 24-13-5 - Compensation and expenses of board members.

24-13-5. Compensation and expenses of board members.
Each member of the Board of Pardons and Paroles shall receive compensation and expense reimbursement set pursuant to §4-7-10.4 for attending meetings or performing duties of the board.
Source:
SL 1961, ch 46, §1; SDCL, §23-58-2; SL 1978, ch 186, §4.
2023 South Dakota Codified Laws › Title 24 - Correctional Facilities and Parole › Chapter 13 - Board Of Pardons And Paroles › Section 24-13-6 - Meetings at department facilities to consider clemency and paroles--Facilities--Cooperation by penitentiary personnel.

24-13-6. Meetings at department facilities to consider clemency and paroles--Facilities--Cooperation by penitentiary personnel.
The Board of Pardons and Paroles shall meet in open session at facilities provided by the Department of Corrections at least every three months to hear applications for parole, to grant the privilege of parole to deserving inmates, for the discussion and adoption of policy, for revocation and recension decisions, to review agenda items and upon request of the Governor, make recommendation for pardon, commutation, reprieve, or remission of fines or forfeitures. A properly furnished room shall be made available by the Department of Corrections for hearings before the board. All officers and employees of the Department of Corrections shall at all times cooperate with the Board of Pardons and Paroles and the executive director of the board, give access to all inmates, and furnish such information as the board or the director may request pertaining to the performance of their duties. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner.
Source:
SL 1961, ch 46, §3; SDCL, §23-58-5; SL 1978, ch 186, §8; SL 1985, ch 205, §2; SL 1989, ch 20, §171; SL 1992, ch 177, §12.