reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:07 - Samples and testing › Section 12:82:07:03 - Testing

Current through Register Vol. 51, page 10, July 15, 2024
The laboratory will determine Delta-9-Tetrahydrocannabinol ([DELTA]
	 -THC) and Delta-9- Tetrahydrocannabinolic Acid ([DELTA] -THCA) concentration in
	 industrial hemp sample by using liquid chromatography-electrospray/mass
	 spectrometry. The laboratory must report the total Delta-9-Tetrahydrocannabinol
	 content concentration level on dry weight basis and the measurement of
	 uncertainty.
General Authority:
SDCL
		38-35-11(10).
Law Implemented:
SDCL
		38-35-11,
		38-35-14.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:07 - Samples and testing › Section 12:82:07:04 - Laboratory results

Current through Register Vol. 51, page 10, July 15, 2024
Laboratory results must be provided to the Department and
	 electronically provided to the United States Department of Agriculture using
	 the Laboratory Test Results Reporting format. The Department will provide
	 individual test results to licensees Industrial hemp may not be processed or
	 enter the stream of commerce until the grower licensee is notified that the
	 industrial hemp lot sampled and tested is compliant with an acceptable hemp THC
	 level.
General Authority:
SDCL
		38-35-11(10).
Law Implemented:
SDCL
		38-35-9,
		38-35-11.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:07 - Samples and testing › Section 12:82:07:05 - Retesting

Current through Register Vol. 51, page 10, July 15, 2024
If the grower licensee may request the retest within 2 business days
	 after the receipt of the initial test results by the grower licensee. If the
	 grower licensee chooses to remediate a noncompliant lot, the licensee must
	 request a retest of the remediated lot to determine compliance with the
	 acceptable hemp THC level, at the expense of the licensee.
General Authority:
SDCL
		38-35-11(10).
Law Implemented:
SDCL
		38-35-11,
		38-35-14.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:08 - Remediation and Disposal › Section 12:82:08:01 - Disposal or remediation of non-compliant hemp

Current through Register Vol. 51, page 10, July 15, 2024
Disposal or remediation is required for any non-compliant industrial
	 hemp lot. If a grower licensee chooses to remediate a non-compliant lot, the
	 licensee must schedule an additional sampling inspection with the Department to
	 retest the remediated lot. If a remediated lot does not meet the acceptable
	 hemp THC level, it is non-compliant and must be destroyed using the United
	 States Department of Agriculture methods. If the grower licensee determines all
	 or a portion of their industrial hemp crop is unfit for commerce due to pests,
	 insects, weeds, disease, poor stand, or industrial hemp lots destroyed by a
	 natural disaster or weather event such as a flood, wind, or hail, the damaged
	 industrial hemp must be disposed in accordance with the United States
	 Department of Agriculture methods.
General Authority:
SDCL
		38-35-11(7).
Law Implemented:
SDCL
		38-35-9,
		38-35-14.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:08 - Remediation and Disposal › Section 12:82:08:02 - Destruction or remediation plan

Current through Register Vol. 51, page 10, July 15, 2024
Licensee must submit a destruction or remediation plan to the
	 department Department for approval within five business days of the receipt of
	 a notice of non-compliance. The disposal method must chemically or mechanically
	 render industrial hemp non-retrievable, non-ingestible, and unfit to enter the
	 stream of commerce. The Department or Department of Public Safety shall verify
	 remediation or destruction and disposal of non-compliant hemp has occurred in
	 accordance with the approved plan. The licensee shall pay to the Department a
	 remediation fee in the amount of one hundred dollars per hour for the
	 verification of remediation.
General Authority:
SDCL
		38-35-11(9)(10).
Law Implemented:
SDCL
		38-35-9,
		38-35-14.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:10 - General provisions › Chapter 17:10:01 - Definitions › Section 17:10:01:10 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
(1) "Department," the Department of Corrections;
(2) "Employee," any person employed in any capacity whose duties are under the supervision of the Department of Corrections;
(3) "Inmate," any person incarcerated by virtue of a judicial order or other lawful process in any department facility.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:10 - General provisions › Chapter 17:10:02 - General rules › Section 17:10:02:02 - Filing and notice

Current through Register Vol. 51, page 10, July 15, 2024
If filing with or giving notice to the department, a copy of the notice of filing must be mailed or delivered in person to the department at its principal place of business. The date of the filing or notice, unless otherwise specifically provided in this title, is the date on which the document is received at the principal place of business of the department.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  1-26-15.
Note:
The principal place of business of the Department of Corrections is located at 3200 East Highway 34, Pierre, SD 57501.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:10 - General provisions › Chapter 17:10:03 - Declaratory rulings › Section 17:10:03:01 - Petition for declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
Any person wishing the department to issue its ruling as to the applicability to that person of any statutory provision, rule, or order of the department, other than inmate disciplinary matters as defined in SDCL  1-15-20, may file with the department a petition in substantially the following form:
STATE OF SOUTH DAKOTA
DEPARTMENT OF CORRECTIONS
Pursuant to the provisions of SDCL  1-26-15, I, (name of petitioner), of (address of petitioner) am (title or capacity of petitioner), and do hereby petition the Department of Corrections for its declaratory ruling in regard to the following:
1. The state statute, Department of Corrections rule, or order in question is: (here identify and quote the pertinent statute, rule, or order).
2. The facts and circumstances which give rise to the issue to be answered by the department's declaratory ruling are:
3. The precise issue to be answered by the department's declaratory ruling is:
Dated at (city and state), this ____ day of ____________ 19__.
_________________________
Signature of petitioner
General Authority:
SDCL  1-26-15.
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:10 - General provisions › Chapter 17:10:03 - Declaratory rulings › Section 17:10:03:02 - Action on petition

Current through Register Vol. 51, page 10, July 15, 2024
On receipt of the petition, the department may request from the petitioner additional information required by the department for the issuance of the department's ruling. Within 30 days following the receipt of the petition, or within 30 days following receipt of additional information, the department shall issue a declaratory ruling and serve a copy by mail on the petitioner.
General Authority:
SDCL  1-26-15.
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:10 - General provisions › Chapter 17:10:07 - Reinvestment Fund › Section 17:10:07:02 - Probation projections

Current through Register Vol. 51, page 10, July 15, 2024
The projected end of fiscal year probation count for each county for fiscal year 2014 is calculated by increasing the fiscal year 2013 actual probation count by the factor as indicated in §
									17:10:07:01. The projected end of fiscal year probation counts for each county for fiscal years 2015 to 2017, inclusive, are calculated by increasing the projected count from the previous fiscal year rounded to the nearest whole number by the projection factor. The table below contains projected end of fiscal year adult felony probation count used to determine payments under SDCL  1-15-36:
County
FY13
Actual
Probation
Counts
Projection
Factor
FY14
Projected
FY15
Projected
FY16
Projected
FY17
Projected
Aurora
4
0.00%
4
4
4
4
Beadle
97
9.26%
106
116
127
138
Bennett
19
10.00%
21
23
25
28
Bon Homme
10
10.00%
11
12
13
15
Brookings
144
9.85%
158
174
191
210
Brown
302
5.09%
317
334
351
368
Brule
33
8.77%
36
39
42
46
Buffalo
1
0.00%
1
1
1
1
Butte
76
10.00%
84
92
101
111
Campbell
3
10.00%
3
4
4
4
Charles Mix
74
10.00%
81
90
98
108
Clark
12
10.00%
13
15
16
18
Clay
90
10.00%
99
109
120
132
Codington
177
10.00%
195
214
236
259
Corson
4
10.00%
4
5
5
6
Custer
33
2.59%
34
35
36
37
Davison
168
8.93%
183
199
217
237
Day
15
10.00%
17
18
20
22
Deuel
8
10.00%
9
10
11
12
Dewey
8
10.00%
9
10
11
12
Douglas
5
10.00%
6
6
7
7
Edmunds
11
10.00%
12
13
15
16
Fall River
57
4.61%
60
62
65
68
Faulk
3
10.00%
3
4
4
4
Grant
10
10.00%
11
12
13
15
Gregory
8
10.00%
9
10
11
12
Haakon
7
8.33%
8
8
9
10
Hamlin
3
0.00%
3
3
3
3
Hand
2
0.00%
2
2
2
2
Hanson
0
0.00%
0
0
0
0
Harding
3
10.00%
3
4
4
4
Hughes
134
10.00%
147
162
178
196
Hutchinson
15
9.98%
16
18
20
22
Hyde
1
10.00%
1
1
1
1
Jackson
15
4.03%
16
16
17
18
Jerauld
7
10.00%
8
8
9
10
Jones
5
0.00%
5
5
5
5
Kingsbury
8
10.00%
9
10
11
12
Lake
40
0.00%
40
40
40
40
Lawrence
143
6.11%
152
161
171
181
Lincoln
74
10.00%
81
90
98
108
Lyman
19
1.39%
19
20
20
20
Marshall
6
10.00%
7
7
8
9
McCook
11
10.00%
12
13
15
16
McPherson
1
0.00%
1
1
1
1
Meade
189
10.00%
208
229
252
277
Mellette
9
0.00%
9
9
9
9
Miner
1
0.00%
1
1
1
1
Minnehaha
1284
10.00%
1412
1554
1709
1880
Moody
16
10.00%
18
19
21
23
Pennington
1006
10.00%
1107
1217
1339
1473
Perkins
23
10.00%
25
28
31
34
Potter
4
10.00%
4
5
5
6
Roberts
106
10.00%
117
128
141
155
Sanborn
2
0.00%
2
2
2
2
Shannon
2
0.00%
2
2
2
2
Spink
20
10.00%
22
24
27
29
Stanley
15
10.00%
17
18
20
22
Sully
6
10.00%
7
7
8
9
Todd
10
10.00%
11
12
13
15
Tripp
26
0.00%
26
26
26
26
Turner
24
3.92%
25
26
27
28
Union
107
8.81%
116
127
138
150
Walworth
59
0.00%
59
59
59
59
Yankton
233
10.00%
256
282
310
341
Ziebach
3
10.00%
3
4
4
4
General Authority:
SDCL  1-15-36.
Law Implemented:
SDCL  1-15-36
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:10 - General provisions › Chapter 17:10:07 - Reinvestment Fund › Section 17:10:07:03 - Payments based on prorated share

Current through Register Vol. 51, page 10, July 15, 2024
If the total compensation amount in a fiscal year exceeds the total available appropriation, compensation shall be made on a prorated share to fully expend available funds.
General Authority:
SDCL  1-15-36.
Law Implemented:
SDCL  1-15-36.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:01 - General provisions › Section 17:50:01:01 - Scope

Current through Register Vol. 51, page 10, July 15, 2024
Rules in this article apply to adult inmates and employees of adult facilities of the department.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:01 - General provisions › Section 17:50:01:17 - Federal and out-of-state inmates

Current through Register Vol. 51, page 10, July 15, 2024
Federal inmates and out-of-state inmates housed in Department of Corrections facilities shall comply with the rules, regulations, policies, and procedures of the South Dakota Department of Corrections.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-10.1,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:01 - General provisions › Section 17:50:01:18 - Deposits

Current through Register Vol. 51, page 10, July 15, 2024
The department shall retain in an institutional account any money taken from an inmate upon entrance or any United States cashier's checks, payroll checks, or money orders received from any source after the arrival of an inmate. The department shall notify the inmate of any money placed in the inmate's account and of any disbursements made pursuant to SDCL  24-2-29. The department is not responsible for any cash sent by mail.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  24-2-1,  24-2-5,  24-2-29.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:01 - General provisions › Section 17:50:01:19 - Wages

Current through Register Vol. 51, page 10, July 15, 2024
Wages are determined by the department and are based on importance of the job, skill required, interest, and application shown by the inmate. The department shall make the pay schedule available for inmate review.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  24-4-7,  24-4-9,  24-7-6
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:01 - General provisions › Section 17:50:01:20 - Inmate accounts

Current through Register Vol. 51, page 10, July 15, 2024
Each inmate shall receive a periodic statement of the inmate's account balance.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  24-2-5.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:01 - General provisions › Section 17:50:01:21 - Frozen accounts

Current through Register Vol. 51, page 10, July 15, 2024
The department may place a designated amount of an inmate's deposits and earnings in a separate frozen subaccount to be saved until release. The inmate may not draw from this frozen subaccount prior to release except with the approval of the warden.
General Authority:
SDCL  1-15-20,  24-7-3,  24-8-5.
Law Implemented:
SDCL  24-2-1,  24-4-9,  24-7-3,  24-7-6,  24-8-9.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:01 - General provisions › Section 17:50:01:28 - Work release

Current through Register Vol. 51, page 10, July 15, 2024
Any inmate participating in the work release program is under the supervision of the department and must abide by all of the rules, policies, and procedures of the department.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  24-8-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:02 - Inmate visits › Section 17:50:02:01 - Visits

Current through Register Vol. 51, page 10, July 15, 2024
Subject to the approval of the warden, an inmate may be allowed visits from relatives including the inmate's spouse, biological children, stepchildren, adoptive children, biological grandchildren, biological parents, step-parents, adoptive parents, sisters, half-sisters, brothers, half-brothers, grandparents, great-grandparents, and the following in-laws: father-in-law, mother-in-law, brother-in-law (husband of the inmate's sister), and sister-in-law (wife of the inmate's brother). Subject to the approval of the warden, an inmate may also be allowed visits from two friends, foster parents, legal guardians, a Man-to-Man (M-2) or Women-to-Women (W-2) sponsor and an Alcoholics Anonymous (AA) sponsor.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:02 - Inmate visits › Section 17:50:02:02 - Visiting hours

Current through Register Vol. 51, page 10, July 15, 2024
Visiting hours shall be determined by the warden and posted in a public area of the facility.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:02 - Inmate visits › Section 17:50:02:04 - Classes of visits

Current through Register Vol. 51, page 10, July 15, 2024
Visits consist of two classes. Class 1 is an open visit in the visiting lounge. Class 2 is a closed visit conducted in a secured, glassed-off area in the visiting lounge.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:02 - Inmate visits › Section 17:50:02:05 - Conduct of visitors

Current through Register Vol. 51, page 10, July 15, 2024
Profane or loud argumentative language, inappropriate physical contact, or other undesirable conduct shall result in termination of the visit. A visitor shall closely supervise any accompanying child. Failure of the visitor to comply with the rules in this title and with department policies and procedures shall result in immediate termination of the visit.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:02 - Inmate visits › Section 17:50:02:08 - Search of visitors

Current through Register Vol. 51, page 10, July 15, 2024
All visitors are subject to search at any time before entering the visiting facility, during the visit, and when leaving the visiting facility. A visitor who refuses search at any time may not be allowed to visit, may have the visit terminated if it is in progress, and may have the visitor's name removed from the inmate's visiting list at the discretion of the warden.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:02 - Inmate visits › Section 17:50:02:17 - Attorney visits

Current through Register Vol. 51, page 10, July 15, 2024
Any inmate has the right to consult with any attorney who is licensed to practice law.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:02 - Inmate visits › Section 17:50:02:21 - Attorney identification

Current through Register Vol. 51, page 10, July 15, 2024
Any attorney who is visiting a client-inmate must present evidence of the attorney's license to practice law. The warden may verify the validity of the attorney's authorization to practice law.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:02 - Inmate visits › Section 17:50:02:22 - Attorneys' visiting hours

Current through Register Vol. 51, page 10, July 15, 2024
Attorneys' visiting hours are the same as the correctional facility's regular visiting hours. If an attorney must meet with an inmate during other than regular visiting hours, the attorney must first obtain the approval of the warden.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:02 - Inmate visits › Section 17:50:02:23 - Attorney-client visits

Current through Register Vol. 51, page 10, July 15, 2024
An attorney may meet with only one inmate at a time, unless the warden gives prior approval to meet with more than one inmate at the same time.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:02 - Inmate visits › Section 17:50:02:24 - Attorneys subject to search

Current through Register Vol. 51, page 10, July 15, 2024
An attorney is subject to search at any time. The search may include the items brought with the attorney.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:02 - Inmate visits › Section 17:50:02:25 - Warden may refuse attorney admission

Current through Register Vol. 51, page 10, July 15, 2024
The warden may refuse admission to any attorney or terminate the visit for failure to comply with the department's rules, posted regulations, institutional policies and procedures, or for cause.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:02 - Inmate visits › Section 17:50:02:26 - Private visiting area

Current through Register Vol. 51, page 10, July 15, 2024
A private visiting area may be made available to an attorney and an inmate for the purpose of discussing legal matters.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:02 - Inmate visits › Section 17:50:02:27 - Outgoing calls

Current through Register Vol. 51, page 10, July 15, 2024
Inmates may be allowed to use the telephone as approved by the warden.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:02 - Inmate visits › Section 17:50:02:29 - Incoming calls

Current through Register Vol. 51, page 10, July 15, 2024
No inmate may receive incoming calls. Emergency messages shall be taken by the warden in the event of serious injury or death of an inmate's immediate family member.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:10 - Mail › Section 17:50:10:01 - Mail items provided for correspondence to public officials

Current through Register Vol. 51, page 10, July 15, 2024
The state will not furnish envelopes, postage, or stationary to inmates, other than those inmates without money in their institutional account, except for the purpose of writing to attorneys, the courts, the Secretary of the South Dakota Department of Corrections, the Governor of South Dakota, or legal services.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:10 - Mail › Section 17:50:10:02 - Outgoing mail

Current through Register Vol. 51, page 10, July 15, 2024
Outgoing mail addressed to someone other than an attorney, judge, officer of the court, legal services, the Governor of South Dakota, or the secretary of the South Dakota Department of Corrections may be opened and read but may not be censored in accordance with §
									17:50:10:07.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:10 - Mail › Section 17:50:10:03 - Outgoing mail - Checks

Current through Register Vol. 51, page 10, July 15, 2024
Staff designated by the warden shall approve all inmate checks before they are placed in the outgoing mail.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:10 - Mail › Section 17:50:10:04 - Incoming mail from court, attorney, governmental officials and agencies, or department

Current through Register Vol. 51, page 10, July 15, 2024
Incoming mail from the court, an attorney, the secretary of the South Dakota Department of Corrections, the Governor, or legal services must be opened in the presence of the inmate recipient and not read; however, department officials may take steps to determine the genuineness of the addressor as represented on any envelope. The envelope must be clearly marked "privileged."
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:10 - Mail › Section 17:50:10:05 - Other incoming mail

Current through Register Vol. 51, page 10, July 15, 2024
Any incoming mail other than mail received pursuant to §
									17:50:10:04  may be opened for inspection and read for security purposes.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:10 - Mail › Section 17:50:10:07 - Censorship

Current through Register Vol. 51, page 10, July 15, 2024
Department officials may not delete portions of an item of correspondence. Correspondence constituting a threat to the security or disciplined operation of the institution or which is in violation of department policies or department rules shall be rejected. Notice of the rejection of any correspondence shall be given to the inmate, who may appeal the decision through the administrative remedy process.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20,  24-2-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:13 - Release date calculations › Section 17:50:13:01 - Weekends and holidays

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  1-15-20.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:13 - Release date calculations › Section 17:50:13:02 - Computation of release date for sentence of probation

Current through Register Vol. 51, page 10, July 15, 2024
A sentence requiring a specific term in the penitentiary as a condition of probation is computed based on the number of nights spent in the penitentiary. An inmate serving a term in the penitentiary as a condition of probation must be released the first day following the last night of the inmate's sentence, except as provided in §
									17:50:13:01.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  23A-27-18.1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:13 - Release date calculations › Section 17:50:13:03 - Commencement of sentence of probation

Current through Register Vol. 51, page 10, July 15, 2024
A sentence of probation requiring a specific term in the penitentiary as a condition of probation commences on the first day of incarceration in the department facility unless otherwise ordered by the court.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  23A-27-18.1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:13 - Release date calculations › Section 17:50:13:04 - No credit on sentence for time spent on escape

Current through Register Vol. 51, page 10, July 15, 2024
No inmate who escapes from the custody of the department may receive credit on the inmate's sentence for time spent while on escape, from the date of escape through the last full day prior to the inmate's return to custody.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  24-2-1,  24-15A-6.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:13 - Release date calculations › Section 17:50:13:05 - Refusal to waive extradition

Current through Register Vol. 51, page 10, July 15, 2024
An inmate on escape status who is apprehended outside the jurisdiction of the state of South Dakota shall receive credit from the time taken into custody, unless the inmate refuses to waive extradition.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  24-2-1,  24-15A-6.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:13 - Release date calculations › Section 17:50:13:06 - Sentence commence date

Current through Register Vol. 51, page 10, July 15, 2024
The date on which an inmate is sentenced is the sentence commence date unless the judgment of conviction specifies a different commence date or the convicted person has been released from custody pending actual arrival at a department facility, in which case the date the person is received at the facility is the commence date. Court-ordered jail time credit is subtracted from the sentence commence date.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  24-2-1,  24-15A-6.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:13 - Release date calculations › Section 17:50:13:07 - Application of jail time credit to period of incarceration

Current through Register Vol. 51, page 10, July 15, 2024
Court-ordered jail time credit is applied to the period of incarceration before any applicable reduction for good time and before calculation of eligibility for parole or the initial parole date.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  24-5-1,  24-15-5,  24-15A-6,  24-15A-32.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:13 - Release date calculations › Section 17:50:13:08 - Minimum initial parole date of 60 days

Current through Register Vol. 51, page 10, July 15, 2024
If a sentence for a crime committed on or after July 1, 1996, including the application of any jail time credit, would result in an initial parole date of less than 60 days from the date the inmate is received, the initial parole date shall be set 60 days from the date the inmate is received.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  23A-27-18.1,  24-15A-6,  24-15A-32.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:13 - Release date calculations › Section 17:50:13:09 - Jail time credit on consecutive sentences

Current through Register Vol. 51, page 10, July 15, 2024
Jail time credit ordered on two or more consecutive sentences that are determined to be duplicates shall be applied only once and may be applied to only the first sentence in the string of consecutive sentences.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  24-2-1,  24-15A-6.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:50 - Adult corrections system › Chapter 17:50:13 - Release date calculations › Section 17:50:13:11 - Initial parole date and sentence discharge date for multiple concurrent counts

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of calculating initial parole and sentence discharge dates for multiple counts in a single transaction occurring on or after July 1, 1996, dates are calculated on the longest time to initial parole and the longest time to sentence discharge. The longest time to initial parole and the longest time to sentence discharge may be figured on different counts.
General Authority:
SDCL  1-15-20.
Law Implemented:
SDCL  24-15A-6,  24-15A-18.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:01 - General provisions › Section 17:60:01:00 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words used in this article mean:
(1) "Parole," discretionary action by the Board of Pardons and Paroles as defined by SDCL  24-15-1.1;
(2) "Board," the Board of Pardons and Paroles as established by SDCL  24-13-1;
(3) "Executive director," the director of the Board of Pardons and Paroles as defined by SDCL  24-13-9 with the duties defined by SDCL  24-13-10;
(4) "Clemency," actions as defined by SDCL  24-14-2;
(5) "Pardon," an act of the Governor to remove disabilities suffered by an individual as the result of a conviction;
(6) "Parolee," an individual who has been conditionally released to parole or suspended sentence from a South Dakota Department of Corrections facility prior to the expiration of the individual's sentence under the supervision of the Department of Corrections.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-13-7.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:01 - General provisions › Section 17:60:01:02 - Meetings of the board to consider clemency

Current through Register Vol. 51, page 10, July 15, 2024
Applications for executive clemency shall be considered at any meeting of the board.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-13-6,  24-14-1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:01 - General provisions › Section 17:60:01:04 - Location and schedule of meetings

Current through Register Vol. 51, page 10, July 15, 2024
The regular meetings of the board shall be at South Dakota Department of Corrections facilities. Prior to the first day of each calendar year, the board shall publish a schedule of hearing dates and locations for the upcoming calendar year. The board may hear special cases at any other time and at any place within the state by giving written notice to the inmate whose case is to be heard at least five days before the hearing. The notice shall be furnished also to the inmate's attorney, if known to the board.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-13-4,  24-13-6.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:01 - General provisions › Section 17:60:01:06 - Hearings - Representation

Current through Register Vol. 51, page 10, July 15, 2024
Verbal arguments and petitions before the board favoring or opposing an application for parole or an application for executive clemency by persons not officially connected with the South Dakota state penitentiary will be considered. Written statements which may have a bearing on the case will be accepted.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-13-7.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:02 - Paroles › Section 17:60:02:01 - Purpose of parole hearing

Current through Register Vol. 51, page 10, July 15, 2024
A parole hearing with the board shall provide to each inmate whose application is considered an opportunity to present to the board a statement of the inmate's needs, desires, problems, evaluation of present progress, and plans for the future. The board shall consider the presentation by the inmate; shall consider the presentations of other persons favoring or opposing parole; shall review all available history, medical, social, and psychological information, past and present difficulties, institutional adjustment, and progress of the inmate; and shall consider treatment possibilities or other plans for the inmate.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-13-7,  24-15-8.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:02 - Paroles › Section 17:60:02:02 - Time for hearing

Current through Register Vol. 51, page 10, July 15, 2024
Each inmate applying for parole shall be offered a hearing during the regular meeting of the board in the month immediately preceding the date the inmate is eligible for parole or, at the discretion of the board, in the month during which the inmate becomes eligible for parole. If the victim submits a request to be notified of the hearing, the executive director shall provide notice to the victim at least ten days before the hearing. The notice shall be forwarded to the place of notification provided by the victim.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-15-3. 24-15-8.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:02 - Paroles › Section 17:60:02:03 - Continuance of hearing

Current through Register Vol. 51, page 10, July 15, 2024
The board may continue the hearing on an application for parole for a period of time not to exceed seven months and may make recommendations to the inmate on rehabilitation needs. The inmate shall be advised of any such continuance.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-15-10.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:02 - Paroles › Section 17:60:02:05 - Reapplication after revocation

Current through Register Vol. 51, page 10, July 15, 2024
An inmate whose parole has been revoked may reapply for parole eight months after the date of revocation. If the revocation is at the parolee's own request, this provision does not apply.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-13-7.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:02 - Paroles › Section 17:60:02:06 - Effect of detainers

Current through Register Vol. 51, page 10, July 15, 2024
The board may not take final action on an application for parole until all felony detainers have been disposed of by the inmate except as follows:
(1) The board may take tentative action which would become final when all such detainers have been removed; and
(2) The board may grant parole to any jurisdiction which has lodged a detainer for the purpose of effecting dual supervision of the inmate.
General Authority:
SDCL  24-13-7,  24-15A-42.
Law Implemented:
SDCL  24-13-7,  24-15A-41.1.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:02 - Paroles › Section 17:60:02:08 - Notification of action

Current through Register Vol. 51, page 10, July 15, 2024
When a application for parole is granted or denied, the board shall give written notice to the inmate and the warden within ten days after adjournment of the meeting at which the action was taken. The denial may set forth the factor or factors listed in SDCL  24-13-7 as guidelines for assisting an inmate in assessing his rehabilitation needs. If the victim has requested notification in writing, the executive director shall forward written notice to the victim within ten days after adjournment to the address provided by the victim.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-13-7.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:02 - Paroles › Section 17:60:02:09 - Supervision agreement

Current through Register Vol. 51, page 10, July 15, 2024
Before being released on parole or suspended sentence, the inmate shall execute a supervision agreement setting forth the general and special limitations, restrictions, and conditions that are imposed by the board, the executive director, a parole supervisor, and a parole agent. Any violation of institution rules after being paroled but before actual release may be considered a violation of parole.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-15-11.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:03 - Revocation of parole › Section 17:60:03:01 - Issuance of warrant

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a report by a parole agent or other supervising authority that reasonable grounds exist to believe that a parolee has violated a condition, special limitation, or rule of supervision, the executive director shall issue or refuse a warrant of arrest.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-15-20,  24-15-21.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:03 - Revocation of parole › Section 17:60:03:02 - Arrest warrant as detainer

Current through Register Vol. 51, page 10, July 15, 2024
If the parolee is in custody on another charge, the arrest warrant may be lodged as a detainer at the institution where the parolee is being held if the executive director determines it is in the best interest of society and the inmate.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-13-7.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:03 - Revocation of parole › Section 17:60:03:03 - Final hearing

Current through Register Vol. 51, page 10, July 15, 2024
A parolee charged with violating a condition, special limitation, or rule of supervision shall be afforded a final hearing within 90 days following the return of the parolee to a South Dakota Department of Corrections facility. The final hearing shall determine whether the parolee has violated a condition, special limitation, or rule of supervision and whether the violation warrants supervision revocation or some other less restrictive disciplinary action, including continuance of supervision with new restrictions. If the parolee admits the violation the parolee may waive an appearance at the revocation hearing with the board.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-15-23,  24-15-30.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:03 - Revocation of parole › Section 17:60:03:04 - Preliminary hearing

Current through Register Vol. 51, page 10, July 15, 2024
A preliminary hearing is not required if the parolee is not under arrest on a board warrant, has signed a waiver of preliminary hearing, has left the State of South Dakota or other approved jurisdiction without authorization and was apprehended outside of that jurisdiction, or has been convicted of a felony or misdemeanor in a South Dakota court, a court of another state, or a federal court. If a preliminary hearing under SDCL  24-15-23 is required and a parolee fails to either receive or waive a preliminary hearing prior to the parolee's return to a South Dakota Department of Corrections facility, the parolee shall receive a preliminary hearing within ten working days of the parolee's return to a South Dakota Department of Corrections facility.
After the preliminary hearing, the hearing officer shall submit to the board a written report on the officer's findings and on the officer's decision resulting from the findings. The report shall be submitted to the board within ten days after the preliminary hearing.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-15-23.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:03 - Revocation of parole › Section 17:60:03:05 - Notice of final hearing

Current through Register Vol. 51, page 10, July 15, 2024
The board shall notify the parolee and counsel, if any, in writing of the following:
(1) The date, time, and place of the final hearing;
(2) The charges against the parolee, specifying each condition, special limitation, or rule of supervision violated and setting forth the circumstances of the alleged violation;
(3) That the parolee has a right to appear in person, to have witnesses appear on the parolee's behalf, and to present evidence on the parolee's behalf;
(4) That the parolee has a right to be represented by counsel at the hearing; and
(5) That the parolee or counsel has a right to cross-examine witnesses appearing against the parolee unless the board finds good cause for denying this right. "Good cause" includes a situation in which a witness before the board would have legitimate concerns about the witness's safety and well-being if the witness's identity would become known to the parolee.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-15-23,  24-15-24.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:03 - Revocation of parole › Section 17:60:03:06 - Right to counsel

Current through Register Vol. 51, page 10, July 15, 2024
If the parolee appears without counsel at the final hearing, the board shall determine that the parolee understands the right to counsel. If the board is satisfied that the parolee's waiver of counsel is knowingly, intelligently, and freely made, the board shall accept a waiver of counsel. If the parolee desires counsel and is without means to obtain counsel, the board shall notify the sentencing court and request the appointment of counsel.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-13-7,  24-15-24.
Compensation of assigned counsel, SDCL  23A-40-8.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:03 - Revocation of parole › Section 17:60:03:07 - Hearing to determine violation and mitigation

Current through Register Vol. 51, page 10, July 15, 2024
The final hearing shall include a determination of any contested facts. The parolee may introduce evidence to establish that the conditions and rules of supervision have not been violated or, if a violation has occurred, that mitigating circumstances do not warrant revocation.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-15-24.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:03 - Revocation of parole › Section 17:60:03:08 - Evidence

Current through Register Vol. 51, page 10, July 15, 2024
Evidence at the final hearing may include testimony, affidavits, letters, and other material not ordinarily admissible in a criminal proceeding.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-13-7,  24-15-24.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:03 - Revocation of parole › Section 17:60:03:09 - Standard of proof

Current through Register Vol. 51, page 10, July 15, 2024
If the board is reasonably satisfied that one or more conditions, special limitations, or rules of supervision have been violated, the board may revoke supervision. The board shall give full consideration to any mitigating circumstances presented by the parolee.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-13-7,  24-15-24.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:03 - Revocation of parole › Section 17:60:03:10 - Continuance

Current through Register Vol. 51, page 10, July 15, 2024
The board may order a continuance of a hearing on the request of the inmate, the state, or counsel for either party, or on the board's own motion, if it appears to be in the best interest of justice or for good cause.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-13-7,  24-15-24.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:03 - Revocation of parole › Section 17:60:03:11 - Revocation order in writing

Current through Register Vol. 51, page 10, July 15, 2024
If a revocation is ordered, the decision shall be in writing and shall specifically state the findings of fact and conclusions of law which support the order.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-15-24.
South Dakota Administrative Rules › Title 17 - Corrections › Article 17:60 - Board of pardons and paroles › Chapter 17:60:03 - Revocation of parole › Section 17:60:03:12 - Decision - Transmittal to parolee

Current through Register Vol. 51, page 10, July 15, 2024
The decision of the board at a final hearing shall be furnished as soon as practical within ten days to the parolee and any counsel.
General Authority:
SDCL  24-13-7.
Law Implemented:
SDCL  24-15-24.