Title 1 — STATE AFFAIRS AND GOVERNMENT

1-15-1.1

1-15-1.2 Department created. 1-15-1.3 Secretary as head of department--Appointment--Qualifications. 1-15-1.4 Agencies and programs under department control. 1-15-1.5 Department to perform functions of former Board of Charities and Corrections. 1-15-1.6

The rights, privileges, and duties of the holders of bonds and other obligations issued, and of the parties to contracts, leases, indentures, and other transactions entered into, before July 1, 1989, by the state or by any agency, officer, or employee thereof, and covenants and a…

Repealed by SL 2012, ch 4 , § 2.

Source: SL 1990, ch 180 , § 3; SL 1994, ch 189 , § 2; SL 2023, ch 82 , § 2.

There is established a Corrections Commission. The commission shall be assigned to the Department of Corrections. The commission shall consist of nine members: (1) Three members appointed by the Governor. The Governor shall appoint: one member from a list of three nominees provid…

The Corrections Commission established in § 1-15-1.13 shall undertake a continuing study of criminal justice issues in South Dakota. The study may include a review of current felonies, felony sentences, sentencing options, practices, programs, trends, and initiatives. The commiss…

There is created a department of corrections. Source: SL 1989, ch 20 , § 1.

The head of the Department of Corrections is the secretary of corrections. The secretary of corrections shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure of the Governor pursuant to article IV, section 9 of the South Dakota State Co…

The Department of Corrections shall perform all of the functions of the former Board of Charities and Corrections for the agencies in §

1-15-1.7 Appointment of division directors. 1-15-1.8 Rules, regulations, and standards in full force and effect--Exceptions. 1-15-1.9 Repealed by SL 2012, ch 4 , § 1. 1-15-1.10 Replacement of Board of Charities and Corrections--Effect. 1-15-1.11 Repealed by SL 2012, ch 4 , § 2. 1…

The secretary of corrections shall appoint, and may at pleasure remove, subject to approval by the Governor, division directors in the Department of Corrections. The secretary of corrections shall submit for approval to the commissioner of personnel minimum qualifications for the…

Unless inconsistent with other provisions of this chapter, all rules, regulations, and standards of the agencies in § 1-15-1.4 that are in effect on July 1, 1989, shall continue with full force and effect until they are specifically altered, amended, or revoked in the manner prov…

Repealed by SL 2012, ch 4 , § 1.

The Department of Corrections may make contracts for service, the erection of buildings, the purchase and lease of lands, materials and supplies needed, except such supplies as are under the supervision of the Bureau of Human Resources and Administration as prescribed by chapter …

The Department of Corrections may enter into contracts with the proper authorities of other states or the federal government, to provide for the support, maintenance, care, and treatment of other persons subject to or receiving institutional treatment in any such other state or f…

The expenses for such support, maintenance, care, and treatment as agreed upon may not be less than an amount required to compensate the State of South Dakota for the total cost thereof to the state. The compensation received pursuant to this section shall be deposited in the gen…

The Department of Corrections may transfer any person who is a resident at any institution under its control to another state or to the federal government for like institutional care, and contract with the proper authorities of such other state or federal government for the suppo…

The Department of Corrections may contract with the federal government, through any of its authorized departments, boards, commissions, or agencies for the admission, treatment, care, custody, or attendance of those persons who are the responsibility of the federal government or …

Transferred to §

The Department of Corrections may bring suit in the proper court in its own name, to enforce any contract made by it and any suit relating to such property, or to the care, custody, control, management, or improvement thereof, and the attorney general shall prosecute any such sui…

No supplies of any kind may be purchased for state institutions from any officer or employee of any state institution, or from any firm or corporation in which such officer or employee may be interested, and it is unlawful for the state auditor to allow any bills to any such offi…

The Department of Corrections may, subject to chapter 4-8B , accept and control on behalf of the institutions of this state under the department's supervision: (1) Any federal funds, grants-in-aid, subventions, or other financial aids that may be made available to such institutio…

The Department of Corrections may condemn private property for public use. The term "private property" includes that portion of any street, alley, or other public highway along both sides of which the land is owned by the state. If the Department of Corrections considers it neces…

1-15-16 Repealed by SL 2012, ch 4 , §§ 3, 4. 1-15-17 Employment of institutional personnel in maintenance and replacement projects. 1-15-18 Management and accounting prescribed by secretary. 1-15-19

The Department of Corrections may expend any moneys appropriated by the Legislature for maintenance, repair, remodeling, modernization, and replacement projects by using institutional personnel and inmates as may be determined by the secretary to be feasible. Source: SDC 1939, § …

The secretary of corrections shall prescribe the management of such institutions, and such manner of keeping the accounts thereof so that all property belonging to the state can be readily ascertained at any time from the books and accounts thereof, and shall provide a method of …

1-15-20 Rules, policies, and procedures for management of institutions and agencies--Inmate discipline. 1-15-20.1 Inmate defined. 1-15-21 Receipt and disbursement of inmates' funds. 1-15-22

The Department of Corrections at any time may promulgate rules, pursuant to chapter 1-26 , concerning: (1) Public contact with inmates through telephone and mail services and visits; (2) Inmate release date calculations; (3) Standards for parole supervision and parolee conduct; (…

For the purposes of § 1-15-20 and chapter 1-27 , an inmate is any person, adult, or juvenile, who has been sentenced or committed to or placed in a facility or program under the control of the Department of Corrections pursuant to §

The Department of Corrections may receive and disburse any funds that may accrue to inmates or juveniles in residence at institutions under jurisdiction of the department. Such disbursement shall be made for the benefit of the inmate or juvenile. However, interest earned on joint…

1-15-23 Investigatory powers of secretary. 1-15-24 Investigations by attorney general on secretary's request. 1-15-25

The secretary of corrections may inquire into and examine the condition of the institutions under the department's control, financially or otherwise; inquire and examine into their methods of instruction and government and management of their inmates, the official conduct of all …

If, in the opinion of the secretary of corrections, any matter in regard to the management of any institution under the department's control, or any matter in regard to any inmate of any such institution, requires legal investigation or action of any kind, notice thereof may be g…

1-15-26

1-15-27 Participation in formula grants program of Juvenile Justice and Delinquency Prevention Act. 1-15-28 Department of Corrections to supervise participation in Juvenile Justice and Delinquency Prevention Act. 1-15-29 Council of Juvenile Services--Appointment--Terms. 1-15-30 R…

The State of South Dakota shall participate in the formula grants program established by Part B of the Juvenile Justice and Delinquency Prevention Act of 1974, Pub.L. No. 93-415; 88 Stat. 1109, as amended (42 U.S.C. § 5601 et seq). Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 22.

There is hereby established a twenty-member Council of Juvenile Services to be appointed by the Governor and shall be comprised of individuals who have training, experience, or special knowledge of juvenile delinquency prevention or treatment or of the administration of juvenile …

The Council of Juvenile Services shall be responsible for the following: (1) In conjunction with the secretary of the Department of Corrections, establish policy on how the formula grants program of the Juvenile Justice and Delinquency Prevention Act is to be administered in Sout…

Participation in the Juvenile Justice and Delinquency Prevention Act of 1974 is contingent upon appropriation of federal expenditure authority and general fund match for planning and administration purposes by the Legislature. Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 26.

If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which the offenders are citizens or nationals, the Governor may, on behalf of the state and subject to the terms of the treaty, aut…

If an inmate confined in any prison, facility, or program under the control of the Department of Corrections pursuant to § 1-15-1.4 , is ordered by the court to be present at a criminal proceeding or a sentence modification hearing pursuant to § 23A-27-19 , the prosecuting county…

In the event a county fails to transport an inmate as required in §§ 1-15-33 to 1-15-35 , the county may be billed for the cost of the transport and is responsible for the payment thereof. Source: SL 1999, ch 110 , § 4.

In the event the Department of Corrections fails to transport an inmate as required in §§ 1-15-33 to 1-15-35 , the department may be billed for the cost of the transport and is responsible for the payment thereof. Source: SL 1999, ch 110 , § 5.

Source: SL 2013, ch 101 , § 77, eff. June 30, 2014; SL 2023, ch 82 , § 3.

There is hereby established in the state treasury the incarceration construction fund. Expenditures out of the fund must only be by special appropriation of the Legislature and must be used for the capital construction or improvement of incarceration facilities located in South D…

1-15-5

1-15-6

1-15-6.1 Administrative functions performed for Board of Pardons and Paroles. 1-15-7

The Department of Corrections shall perform all administrative functions of the Board of Pardons and Paroles. Source: SL 1977, ch 198 , § 5; SDCL Supp, § 1-36-18; SL 1989, ch 20 , § 15. 1-15-7. Repealed by SL 1989, ch 20 , § 16. 1-15-8. Repealed by SL 1982, ch 9 , § 4. 1-15-9. Re…