Title 24 — CORRECTIONAL FACILITIES AND PAROLE

Source: SDC 1939, § 13.4606; SL 1981, ch 195 , § 4; SL 1983, ch 198 , § 4; SL 2003, ch 149 , § 10.

The term, jail, as used in this chapter includes any building or place provided or used by any county, municipality, or civil township for the detention of adult persons convicted or accused of the violation of any law of this state, any ordinance or bylaw of any municipality or …

All buildings designed for the purposes mentioned in § 24-11-1 and erected after July 1, 1911, shall be constructed with fireproof floors, and interior wall surfaces. Source: SDC 1939, § 13.4601.

The board of county commissioners or the governing body of any municipality shall provide suitable means for warming each jail and its cells and apartments, provide beds and bedding, and such permanent fixtures and repairs as may be required by the policies and procedures provide…

The board of county commissioners or governing body of the municipality may appoint a physician for the jail or jails within its jurisdiction and provide for the payment of his services, which physician shall make a report in writing to such board or governing body or to the judg…

The sheriff or other officer designated by law or ordinance shall have charge of the jail of his county or municipality and of all persons by law confined therein. The officer in charge of any jail shall conform in all respects to the policies and procedures required by §

If any jail or building adjacent thereto shall be on fire and the prisoners shall be exposed to danger by such fire, the keeper may remove such prisoners to a place of safety and there confine them so long as may be necessary to avoid such danger, and such removal and confinement…

24-11-16 Jail records to be maintained. 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. 24-11-18

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 s…

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…

24-11-19 Separation of sexes. 24-11-20 Failure to separate sexes as misdemeanor. 24-11-21 Furnishing prisoner necessaries--Receipt of medical treatment as assignment of insurance proceeds, etc.--Unrecovered payments as lien. 24-11-21.1 Medical provider to submit claim for service…

All jails shall confine persons of different sexes apart from each other. Source: SDC 1939, § 13.4601; SL 1981, ch 195 , § 6.

There shall be established and maintained in every county, by authority of the board of county commissioners and at the expense of the county, a jail for the purposes stated in this chapter, except as provided in §

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.

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 th…

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 insure…

24-11-23 Policies and procedures--Adoption--Contents. 24-11-24 Posting and distribution of policies and procedures. 24-11-25

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 …

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…

24-11-26

24-11-27 Power of circuit judge to visit jail and make order--Violation of order as contempt. 24-11-28 Work required of certain prisoners--Determination by sentencing court whether prisoner should work--Particular work permissible. 24-11-29 Inmates requesting work. 24-11-30 Sente…

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…

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…

All persons confined in any jail may be allowed upon request to perform the labor described by §

If there is no jail or juvenile detention facility in the county, or if the jail or juvenile detention facility in the county is crowded, unsafe, or otherwise insufficient to conform to the requirements of this chapter, every judicial or executive officer of the county who has th…

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 nece…

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 municipa…

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 pai…

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 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 t…

24-11-35 Prevention of escape while working. 24-11-36 Protection of working prisoners from public annoyance. 24-11-37 Communication with working prisoner as petty offense. 24-11-38 Malfeasance by jail officials--Misdemeanor. 24-11-39 Municipality, county, or jail compact authoriz…

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.

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.

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.

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 1…

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 inm…

Any organized township, municipality, or county of the state is hereby authorized, upon passage of an affirmative resolution by each of the governing bodies of two or more such subdivisions of the state, to enter into a mutually acceptable contract, or to amend or terminate such …

Any combination of counties or municipalities of this state may enter into an agreement pursuant to chapter 1-24 for the creation of an area jail or juvenile detention facility compact which may be a separate legal entity. In addition to the provisions of chapter 1-24 , an agreem…

The compact agreement shall provide for annual minimum fees for providing facilities for specified numbers of prisoners by each member. The compact agreement may further provide for additional compensation payable to the sheriff of the county in which the facility is located, pro…

Notwithstanding § 24-11-8 , in the case of jail facilities located in a county participating in a compact pursuant to §§ 24-11-4.1 to 24-11-4.3 , inclusive, money collected for housing prisoners shall be paid to the officer designated by the agreement who shall distribute the mon…

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, munici…

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 faci…

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 w…

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 co…

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. …

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…

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.

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…

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, physic…

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 po…